LizzyKate Card Terms and Conditions

LizzyKate Card Terms & Conditions
Effective May 26, 2020

This LizzyKate Card Agreement ("Agreement") is between you and LizzyKate Enterprises, LLC ("LizzyKate", "we" or "us") and describes the terms and conditions that apply to your LizzyKate Card ("LK Card"). By buying, loading, or using your LK Card, you agree to these terms.

When used in conjunction with the LizzyKate Drink Rewards program, the terms of use at LizzyKate Drink Rewards Program Terms of Use also apply.

This Agreement includes an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will:

Eliminate your right to a trial by jury; and
Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

You agree that we may provide notices, disclosures and amendments to this Agreement, and other information relating to your LK Card by electronic means, including posting such materials online at https://lizzykate.com/pages/lizzykate-card-terms-and-conditions

ABOUT YOUR ACCOUNT
Your LK Card is personal and issued solely for your exclusive use. You can pre-load money on to your LK Card for use through our drink ordering system (https://app.lizzykate.com). Money loaded into the LK Card is a prepayment for goods and services at our participating stores and is used to enhance your relationship with us and make transactions more convenient for you to garner awards more easily. Unless required by law, the amount on your LK Card is nonrefundable and may not be redeemed for cash, nor is it insured or interest bearing.

By loading or using your LK Card, you attest that you are over the age of 17. If you are between the ages of 13 and 18, your parent or legal guardian approves and supervises your use of the LK Card and agrees to be bound by this Agreement.If you are under the age of 13, you cannot use the LK Card

LOADING MONEY ON YOUR LK CARD

Money is loaded on to your LK card as a part of ordering and paying for a drink using the drink ordering system (https://app.lizzykate.com)

Users of the LK Card may not load more than $100 in value on their LK Card at any time. The minimum amount you can load on the LK Card is $10. We reserve the right to change these amounts at any time, for any reason, without notice to you. You can reload your LK Card when making a drink order purchase or in the "My Account" area of https://app.lizzykate.com/customerPreferences

You can delete and/or change the card on file as well as change your automatic reload amount any time in the "My Account" area of the Drink Order app (https://app.lizzykate.com/customerPreferences). While changes are usually immediately available, it may require up to 24 hours and logging out of and back into the drink order app.

With automatic reload, your saved card will be charged the auto-refill amount when your balance gets low. When placing a drink order, we will prompt you to refill your LK Card when the order total (plus an allowance for a 20% tip [the maximum allowed]) exceeds the available balance of your LK Card. The actual amount charged to your card on file during the drink ordering process may be up to $5.00 less, depending on your tip selection.

FEES AND EXPIRATION OF CARD BALANCES

There are no activation, service, dormancy or inactivity fees in connection with your LK Card. Your LK Card has no expiration date nor does the value on your LK Card ever expire.

ERRORS AND CORRECTIONS

If we believe that an error with your LK Card has occurred, we will correct it. If you have any questions about your balance, transaction history or any correction, please notify us by emailing admin@lizzykate.com. Assuming sufficient evidence, we will review any claim and communicate with you the results of our investigation. If we find an error, we will promptly correct it. In order for us to correct an error, you must notify us within sixty days of the error.

FRAUD, UNAUTHORIZED OR UNLAWFUL TRANSACTIONS

If, in our sole reasonable judgement, that any transaction with the LK Card is fraudulent, not authorized or unlawful, we will act as we deem necessary to limit our risk. This may include limiting the LK Card, suspending the LK Card or terminating the LK Card while retaining any and all LK Card balances without notice to you.

REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS

When registering or purchasing an LK Card, you agree that you will:

provide complete and accurate information; and
update your information if it changes and that doing so is your sole responsibility.

If you do not provide accurate information, or if we have reason to suspect that you have not provided accurate information, we can, in our sole and absolute discretion, disable your LK Card. If you believe we have acted in error, please email us at admin@lizzykate.com. You agree to have only one (1) LK Card account.

You should treat your login information securely. You are responsible for all transactions on your LK Card, including unauthorized transactions. However, if your login credentials are lost or stolen, please contact us immediately at admin@lizzykate.com and we will work with you to reset your credentials.

RECEIPTS AND TRANSACTION HISTORY

We will email you a receipt every time you load or use funds from your LK Card. Receipts for drink orders can be seen in the "My Account" area of the Drink Order app (https://app.lizzykate.com/customerPreferences). Please review your transaction history regularly to make sure that your history and balance are correct.

PRIVACY STATEMENT

Please carefully read the LizzyKate Privacy Policy at https://lizzykate.com/pages/privacy-policy carefully to understand how we collect, use, and disclose information about customers, how to update or change your personal information, and how we communicate with you.

CHANGES TO THIS AGREEMENT

We may amend this Agreement at any time. We will post the amended Agreement to our website at https://lizzykate.com/pages/lizzykate-card-terms-and-conditions. As permitted by applicable law, any change, addition or deletion will become effective at the time we post the revised Agreement to our website. Unless we state otherwise, the change, addition, or deletion will apply to any future and existing LK Card(s). You accept the changes, additions or deletions by using your LK Card. If you notify us that you do not accept the changes, additions or deletions, we will cancel your LK Card and refund any remaining balance to you.

CANCELLING THIS AGREEMENT

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your fraudulent or unauthorized use of your LK Card, including your failure to provide accurate information. If we terminate this Agreement without cause, we will refund or issue store credits equal to the balance on your cancelled LK Card, less any amounts that you may owe us.

ARBITRATION

Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this LK Card Agreement, your LK Card and your relationship with us. Any dispute or claim arising out of or relating to this Agreement or use of the LK Card and your relationship with LizzyKate or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out. Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used any of your LK Cards (the "Opt Out Deadline") after this Agreement has gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: LizzyKate Card Team, LizzyKate Enterprises, LLC, 115 Kirkland AVE, Kirkland, WA 98033. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures. For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department at admin@lizzykate.com to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association ("AAA"), including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington notwithstanding any conflict of law rules.

DISCLAIMERS AND LIMITS OF LIABILITY

LizzyKate and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the LK Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. LizzyKate does not represent or warrant that your LK Cards will always be accessible or accepted.

In the event that LizzyKate or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your LK Card. We shall have no liability for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use), or any punitive or exemplary damages arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall LizzyKate or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a LK Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

ASSIGNMENT

We may assign all or part of this Agreement without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written consent and any attempted assignment will be void.

ENTIRE AGREEMENT, CONSTRUCTION

This Agreement is the complete and exclusive statement of agreement between you and LizzyKate Enterprises, LLC, and supersedes and merges all prior proposals and all other agreements governing your LK Card. If any provision of this Agreement, other than the Class Action Waiver in the Arbitration provision above, is determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

QUESTIONS

If you have any questions regarding this Agreement or your LK Card, please email us at admin@lizzykate.com