URBAN VALUE CORNER STORE - COFFEE SUBSCRIPTION PROGRAM
Subscription Terms and Conditions
Effective Date: December 15, 2020
IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of in court and a class action waiver. See section 9 below.
You must be 18 years of age or older to subscribe to the Subscription.
2. Updates to this Agreement. Urban Value reserves the right to update, change, or modify this Agreement at any time. Depending on the nature of the change or update, Urban Value may provide notice by posting the new Agreement on www.Urbanvaluestore.com with a new Effective Date shown. All such changes in the Agreement shall be effective from the Effective Date set when posted. You waive any right you may have to receive specific notice of such updates, changes, or modifications.
3. Electronic Form. By accessing the Subscription, you consent to have this Agreement provided to you in electronic form.
4. Your Subscription. By registering for the Subscription, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that you have, or you violate this Agreement, as determined in our sole discretion, we have the right to suspend or terminate your subscription and refuse any and all current or future use of the Subscription. Registration and redemption are available to consumers in participating U.S. Urban Value Stores subject to Urban Value's verification, in its sole discretion. Without limitation of the foregoing, we reserve the right to reject any subscription application in our sole discretion. Subscribers must register/activate their Urban Value Coffee Subscription account at participating Urban Value Corner Stores. Only major credit cards are eligible for billing for the Subscription and Urban Value reserves the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices.
5. Urban Value’s Coffee Subscription Benefits. When accepted, we will charge the amount of $7.99 or $9.99 (whichever is applicable) plus tax to the billing method provided by you (your “Payment Method”) on a monthly basis for your ability to access the Subscription benefits. Your subscription permits you to one (1) $7.99 receive one one drip hot coffee of sizes 16oz – 20oz per day during normal business hours. Or for two (2) $9.99 receive four drip hot coffees of sizes 16 oz. – 20 oz. per day during normal business hours. Daily Coffee Subscriptions expires every day at 11:59 PM. Any unused Daily Coffee Subscription is considered forfeited and will not be refunded or carried over to the next day. Not valid on third party delivery orders or catering orders. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with this Agreement, including but not limited to, ensuring that the Subscription is not being used for a commercial purpose. There is a limit of one Subscription per person and Subscriptions cannot be shared. Urban Value reserves the right to update, change, modify or terminate the Subscription benefits at any time, in its sole discretion.
Note that zero dollar transactions – transactions in which only a daily coffee and other Urban Value rewards are redeemed – do not count as a “visit” towards purchase-based rewards.
6. Charges to Your Payment Method. Urban Value charges you for your Subscription using the Payment Method you provide at the time of enrollment. By enrolling in the Subscription, you authorize Urban Value to charge your Payment Method the monthly subscription fee then in effect for the Subscription whether you use the Subscription benefits. Your subscription provides you the opportunity to use Subscription benefits and your non-use will not obligate Urban Value to provide you with any refund, in whole or part, of your monthly subscription fee. Urban Value reserves the right to correct any errors or mistakes that it makes, even if it has already requested or received payment, and to update your information from available third-party sources. You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your subscription, we may suspend your access to the subscription until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
7. Recurring Billing and Cancellation.
7.1. Recurring Billing. By enrolling in the Subscription, you authorize Urban Value to charge your Payment Method on a recurring monthly basis beginning on the day you start your subscription and every thirty (30) days thereafter (the “Billing Cycle”) until you cancel or Urban Value suspends, ends or otherwise terminates your access to the Subscription, which it may do at any time. You will receive a confirmatory email sent to the email address listed on your Subscription account after each monthly charge on your Payment Method. You hereby accept responsibility for all recurring charges made to your Payment Method prior to cancellation or termination. Unless you cancel, your subscription will be automatically extended for successive monthly periods at the then-current subscription rate. If you cancel your monthly subscription, you may use your Subscription benefits until the end of the applicable Billing Cycle and your subscription will not be renewed after that Billing Cycle ends. Your non-termination or continued use of the Subscription reaffirms that Urban Value is authorized to charge your Payment Method on the recurring basis to which you agreed at enrollment. Urban Value may submit those charges for payment, and you will be responsible for such charges. URBAN VALUE MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION OR NOTIFY US THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE URBAN VALUE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION, VISIT YOUR URBAN VALUE ACCOUNT SETTINGS ON THE URBANVALUESTORE.COM.
7.2. Changes or Cancellation. To change or cancel your subscription at any time, click the link provided in subscription related emails and follow the instructions. To cancel online, visit the Subscription section at www.Urbanvaluestore.com. You can also email Urban Value Customer Service at email@example.com to cancel your subscription. Your cancellation request must be submitted before the start of the next Billing Cycle. If you cancel your Subscription, you may use your Subscription benefits until the end of the Billing Cycle and your subscription will not be renewed once that Billing Cycle ends. In such an event, you will not be entitled to a prorated refund of any unused portion of the monthly subscription fee. If you signed up for the Subscription using your account with a third party as a Payment Method and wish to cancel your Subscription, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Subscription through that third party.
7.3 Change in Amount Authorized. If the amount to be charged to your Payment Method varies from the current rate set forth in your initial offer due to an increase in our current rates (other than due to the imposition or change in the amount of state sales taxes), Urban Value shall provide notice of the amount to be charged and the date of the charge at least ten (10) days before the scheduled date of the transaction. Any agreement you have with the issuer of your Payment Method will govern your use of your Payment Method as a payment mechanism. You agree that Urban Value may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
8. Current Information Required. YOU MUST PROMPTLY NOTIFY URBAN VALUE IF YOUR PAYMENT METHOD IS CANCELLED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT, USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE TO YOUR URBAN VALUE ACCOUNT SETTINGS IF YOU FAIL TO NOTIFY URBAN VALUE OF ANY OF THE FOREGOING, YOU AGREE THAT URBAN VALUE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION, UNLESS WE HAVE EVIDENCE THAT YOU HAVE TERMINATED YOUR SUBSCRIPTION.
9. Mandatory Binding individual Arbitration.
Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court. Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.
9.1 ARBITRATION AGREEMENT, CLASS ACTION WAIVER, PUNITIVE DAMAGES WAIVER
You and Urban Value agree that any dispute, whether at law or equity, arising out of or relating to this Agreement or your use of the Subscription, regardless of the date of accrual of such dispute, shall be resolved in its entirety by an individual (not class-wide or collective) binding arbitration, except that you or Urban Value may take claims to small claims court if they qualify for hearing by such a court.
You and Urban Value agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceedings as a private attorney general are not permitted.
You and Urban Value agree to waive the right to trial by jury.
This agreement to arbitrate extends to claims that you assert against other parties, including without limit claims against Barnyard Dollar Store & More, LLC, and its affiliates, related entities, and franchisees.
The Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of the agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and Issuer both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.