- Coffee Credits
a. Spinn Coffee Credits are issued on Spinn.com (from here out “Spinn”); by Spinn, Inc., a Delaware company and its affiliates ("we", "us", and "our"). Credits are automatically added to your Spinn Balance when you: (i) “reload” your balance; (ii) use a received a “voucher code”; or (iii) use an “Spinn Card” voucher code, (“Coffee Credits”). Your Spinn Balance displays the total remaining balance of all Coffee Credits that have been applied to your Spinn account but not yet applied to a purchase. We may refer to your Spinn Balance as your “Spinn Coffee Credits”, in your account settings. No additional fees apply to the use of Coffee Credits.
b. To view your Spinn Balance, visit Your Account on www.Spinn.com. Purchases are deducted from your Spinn Balance. Any unused Spinn Balance will remain associated with your Spinn.com account. If a purchase exceeds your Spinn Balance, your purchase will not be completed unless the remaining amount is paid with another payment method.
Coffee Credits may only be redeemed toward the purchase of eligible goods and services provided by Spinn, Inc. and its affiliates on www.Spinn.com, or its affiliated websites. The eligibility criteria of redeeming Coffee Credits on any affiliated website are subject to change in our sole discretion. Spinn, Inc. or its affiliates may provide Coffee Credit purchasers with information about the redemption status of Coffee Credits that they purchase. Spinn Inc. may process the redemption of the portion of your Spinn Balance used to purchase goods and services sold by third parties on www.Spinn.com or any affiliated website on which your Spinn.com Balance may be used.
- Cancellations and Refunds
If you accept Coffee Credits purchased in combination with a pre-ordered Spinn Machine package, you will lose your rights to: (i) cancel a pre-order and; (ii) receive a full refund of that pre-order package.
Your Spinn.com Balance cannot be used to purchase other Spinn Coffee Credits. Coffee Credits cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. No portion of your Spinn.com Balance may be transferred to another Spinn.com account.
- Risk of Loss and Transfer of Title
The risk of loss and title for Coffee Credits pass to you upon our electronic transmission of the Coffee Credits to the you or your designated recipient, or upon our delivery to the carrier, whichever is applicable. We are not responsible if any Gift Card is lost, stolen, or destroyed, or if your Spinn.com Balance or any Gift Card is used without your permission.
- Acceptable Use of Spinn.com Balance and Coffee Credits
a. Credits Issued After October 1, 2017
The portion of your Spinn.com Balance made up of Coffee Credits issued after October 1, 2017 does not expire and may be applied to your Spinn.com account and applied to eligible purchases despite any stated expiration date.
b. Credits Issued Before October 1, 2017
i. Expiration dates also do not apply for the portion of your Spinn.com Balance made up of any Coffee Credits issued prior to October 1, 2017 in the following US states only: CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law.
ii. All other Coffee Credits issued prior to October 1, 2017 and the portion of your Spinn.com Balance made up of those Coffee Credits expire in accordance with their stated expiry date.
- Warranty Disclaimer and Limitation of Liability
a. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO COFFEE CREDITS OR YOUR SPINN.COM BALANCE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
b. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SPINN BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SPINN.COM SERVICES, YOUR COFFEE CREDITS, GIFT CARD OR THE SPINN APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF SPINN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
c. IN THE EVENT A GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THAT GIFT CARD. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL SPINN’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO COFFEE CREDITS AND THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.
d. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
- Disputes Any dispute or claim relating in any way to Coffee Credits or your Spinn.com Balance will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The U.S. Federal Arbitration Act and U.S. federal arbitration law apply to this agreement.
a. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Coffee Credit Terms as a court would.
b. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Roderick de Rode. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location.
c. We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We and you also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- General Terms
b. Governing Law When you purchase, receive, or apply Coffee Credits to your account, or your Spinn.com Balance to a purchase, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Coffee Credit Terms and any dispute that may arise between you and Spinn, Inc. and its affiliates related to your use of Coffee Credits or your Spinn.com Balance.
c. Changes We reserve the right to change these Coffee Credit Terms from time to time in our discretion. We will notify you before we make material changes to the Coffee Credit Terms and give you an opportunity to review the revised terms before continuing to use the Spinn services. When you use the Spinn services after a modification becomes effective, you are telling us that you accept the modified terms.
d. Assignment and Transfer You may not assign, delegate, or transfer these Coffee Credit Terms, by operation of law or otherwise, without Spinn’s prior written consent. Any attempt by you to assign or transfer these Coffee Credit Terms, without such consent, will be null. Spinn may freely assign or transfer these Coffee Credit Terms without restriction. Subject to the foregoing, these Coffee Credit Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
e. Miscellaneous All terms and conditions are applicable to the extent permitted by law. If any of these Coffee Credit Terms are deemed invalid, void, or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions. Only you and Spinn are entitled to enforce these Coffee Credit Terms. No third party will be entitled to enforce any of the terms and conditions herein. Spinn’s failure to enforce any right or provision of these Coffee Credit Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Spinn. Except as expressly set forth in these Coffee Credit Terms, the exercise by either party of any of its remedies under these Coffee Credit Terms will be without prejudice to its other remedies under these Credits Terms and Conditions.
f. Notice Any notices or other communications provided by Spinn under these Coffee Credit Terms, including those regarding modifications to these Coffee Credit Terms will be given: via email to email@example.com. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.