BRIGGO TERMS OF USE

Revised: April 15, 2017

Acceptance of Terms

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE WEBSITE OR THE MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE (COLLECTIVELY, THE “TERMS OF USE”). IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE WEBSITE OR MOBILE APPLICATION. BRIGGO MAY REVISE AND UPDATE THESE TERMS OF USE FROM TIME TO TIME IN ITS SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN POSTED AND APPLY TO ALL ACCESS TO AND USE OF THE SITES (AS HEREINAFTER DEFINED) THEREAFTER.

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of BRIGGO, Inc. or its subsidiaries and affiliated companies (collectively, “BRIGGO”, “we” or “us”), including briggo.wpengine.com and any other site, mobile application or online service where these Terms of Use are posted (collectively, the “Sites”). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with BRIGGO for products, services or otherwise.

By signing up for or using the various Sites or other products or services offered by BRIGGO or any affiliate (collectively with the Sites, the “Service”) you agree that you have read, understand and agree to be legally bound by these Terms of Use. BRIGGO will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period and reserves the right to restrict access to the Service or any parts of the Service. BRIGGO reserves the right to withdraw or amend this website, and any service or material it provides, without notice. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes your acceptance of such changes. You can review the most current version of these Terms of Use at any time at https://briggo.wpengine.com/web/terms-of-use.html.

Permitted Use

The Service is for your personal and non-commercial use. Unless otherwise agreed to in writing by BRIGGO, you agree that you will not use the Service or duplicate, download, publish, modify or otherwise distribute or use any material included in the Service for any purpose, except to review the information included in the Service, to subscribe to programs included in the Service, and to purchase services or products offered by BRIGGO for your personal use. You also agree that, except as related to the Service, you will not link to any page on the Service other than BRIGGO’s home page (for example, “deep linking”), without BRIGGO’s prior written consent. Use of the Service or the materials or content contained in the Service for any purpose not set forth in these Terms of Use is prohibited.

About Your Account

You may create an account (a “BRIGGO Account”) to access certain parts of the Sites, to pay per order or to load a dollar value into your BRIGGO Account based on your selected payment option. The dollar value that you load onto your BRIGGO Account is a prepayment for the goods and services of participating BRIGGO Coffee Hauses. We offer the BRIGGO Account to make it easier for you to make purchases from us and to make your relationship with us more rewarding. Unless otherwise required by law or permitted by this Agreement, the dollar value on your BRIGGO Account is nonrefundable and may not be redeemed for cash. The value on your BRIGGO Account is not insured by the Federal Deposit Insurance Corporation (FDIC), nor does it earn interest.

BRIGGO Accounts are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use your BRIGGO Account under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.

You agree to notify the Company immediately of any unauthorized access to or use of your user name or password or any other breach of security to your BRIGGO Account. The Company may disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason.

Loading Value on Your Account

You can load value (“BRIGGO BUCKS”) on your BRIGGO Account by selecting either the Auto Reload or Manual Reload payment option. Each time you load $40 or more, a free drink will be added to your account. This amount may change at any time without notice to you, which shall not constitute an amendment to these Terms of Use.

You may not have more than $200 in value on your BRIGGO Account at any time, and no more than $500 may be associated with any one BRIGGO Account in a single day. Although you may have multiple credit or debit cards associated with your account, each user is only allowed to have one BRIGGO Account. There is a minimum amount that you may load on any BRIGGO Account at any given time. We may change any of these amounts at any time without notice to you, which shall not constitute an amendment to these Terms of Use.

If you use a credit or debit card to purchase or reload your BRIGGO Account, prior to charging your credit or debit card, an authorization process will occur for the amount of your purchase or reload transaction (“Transaction”). The authorization process will validate the credit or debit card number, status, available credit or funds and billing information to ensure that it matches what the bank or card company has on file. Your bank or BRIGGO may attempt to contact you for additional information prior to authorizing the Transaction amount.

For credit cards, once an authorization is received, you may notice a decrease in your available credit line. Your bank may hold this dollar amount from your credit line or available balance for a period of time before your Transaction is fulfilled, as determined by the policy of your bank. For debit cards, your bank may pre-authorize a charge to your deposit or checking account and place a temporary hold on the funds before your Transaction is fulfilled. Regardless of whether you use a credit or debit card, your card will be charged only upon fulfillment of your Transaction. If your Transaction is cancelled, BRIGGO will request an authorization reversal on your behalf. Reversal times may vary. We recommend contacting your bank or credit card company to learn about their authorization and authorization reversal policies.

All amounts loaded into your BRIGGO Account are denominated in US Dollars. No fees or other charges are made to your BRIGGO Account for the currency conversion. However, your bank or card provider may charge you a fee for use of a credit or debit card or other accepted payment method to load your BRIGGO Account from outside of the U.S. BRIGGO does not receive any portion of, and does not have any control over, any such fee. Although the actual balance of your BRIGGO Account is kept in US Dollars, the charges shown on your statement will be in your home currency.

You can manually reload, set automatic reloads, change your reload preferences or discontinue the automatic reload feature on your BRIGGO Account by accessing “Payment Options” in the mobile app. To use the automatic reload feature, simply choose the amount that you want to reload when your balance goes below $10.00 and provide payment information. If the balance in your BRIGGO Account is less than the amount of your purchase, you may be prompted to reload. If your BRIGGO Account is not reloaded prior to such purchase, your default card will be charged for the difference between the amount of your purchase and your remaining account balance. Whether by automatic reload or manual reload, once any dollar value is loaded as BRIGGO BUCKS on your BRIGGO Account, the Transaction cannot be cancelled or reversed.

Promotional Programs

From time to time, we may, in our sole discretion, run promotional programs associated with your BRIGGO Account or BRIGGO BUCKS (“Promotions”). Such Promotions are subject to these Terms of Use, as well as additional terms provided in connection with the Promotions. We reserve the right to modify the terms and conditions of any Promotion at any time, including and up to terminating such Promotion.

Fees and Expiration of Account Balances

We do not charge any activation, service, dormancy or inactivity fees in connection with your BRIGGO Account. Your BRIGGO BUCKS have no expiration date nor does the value on your BRIGGO Account ever expire.

Receipts and Transaction History

Your last ten (10) transactions and your BRIGGO BUCKS balance are accessed through “History” in the mobile app. We may provide more transaction details or a receipt upon request. It is your responsibility to check your online transaction history regularly to ensure that your transaction history and account balance are correct. BRIGGO does not send statements of transaction activity on any BRIGGO Accounts.

Billing Errors, Corrections

We may correct the balance of your BRIGGO Account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you wish to dispute any transaction or correction that has been applied to your BRIGGO Account, please contact Customer Service at 512-524-1370 or email info@briggo.com. We have no obligation to review or correct any billing error unless you provide us notice within thirty (30) days of the date of the transaction in question. Upon the receipt of notice and sufficient details regarding a dispute or claim, we will review your claim. Any findings, whether or not an error has occurred, will be reported to you, and any error will be corrected, promptly after we finish our review.

Fraud Associated with Your BRIGGO Account

We will not accept any BRIGGO Account, or will limit use of any BRIGGO Account or BRIGGO BUCKS balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate in our sole discretion. If BRIGGO discovers any BRIGGO Account or BRIGGO BUCKS balance was sourced or derived from fraud or other unlawful means, or that an individual has opened more than one account for the purpose of getting a free drink, then in our sole discretion, we may cancel all impacted BRIGGO Account(s) and retain all related balances without notice to you. We may use retained account balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to establish or load BRIGGO Accounts.

Registration, Passwords and Liability for Unauthorized Transactions

When establishing a BRIGGO Account, you agree that you will provide true, accurate, current and complete information about yourself (“Registration Data”), and promptly update the Registration Data if it changes. If you do not provide or update the Registration Data, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your BRIGGO Account. If you believe your BRIGGO Account has been disabled in error, please call at 512-524-1370 or email info@briggo.com. You are responsible for the accuracy of all information that you provide to us, and maintaining the confidentiality and security of your BRIGGO Account information, including your password and account ID. You should treat your BRIGGO BUCKS like cash and not disclose your BRIGGO Account information to anyone. If your BRIGGO Account information is lost or stolen, anyone who obtains possession of it may use your BRIGGO Account. You agree to immediately notify BRIGGO of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account each time you use the Service. You are responsible for all transactions on your BRIGGO Account, including unauthorized transactions. Access and use of password protected and/or secure areas of the Service is restricted to users who have been given a valid password by BRIGGO; unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.

Privacy Policy

Your use of the Service, including all information you provide to register with the Sites, is governed by the BRIGGO Privacy Policy which can be found at https://briggo.wpengine.com/web/privacy.html, which is incorporated by this reference. You agree to BRIGGO’s collection, use and sharing of your information as set forth in the BRIGGO Privacy Policy.

User Contributions and Prohibited Uses

If you post or transmit any content to the Service (“User Contributions”), you hereby grant BRIGGO and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to BRIGGO the license set forth in this section without infringing or violating the rights of any third party. You understand and acknowledge that any User Contribution comply with these Terms of Use, you are responsible for any User Contributions you submit or contribute, and you, not BRIGGO, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. BRIGGO is not responsible or liable to you or to any third party for the content or accuracy of any User Contributions posted by you or any other user of the site.

BRIGGO has the right to: (a) remove or refuse to post any User Contributions for any or no reason; (b) take any action with respect to any User Contribution that it deems necessary or appropriate in its sole discretion,; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the site; and (e) terminate or suspend your access to all or part of the site for any or no reason, including without limitation, any violation of these Terms of Use. YOU WAIVE AND HOLD HARMLESS BRIGGO AND ITS AFFILIATES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES AS A CONSEQUENCE OF INVESTIGATIONS OR LAW ENFORCEMENT AUTHORITIES.

BRIGGO does not and will not review User Contributions before they are posted on the site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

The content standards described herein apply to any and all User Contributions and use of Services. User Contributions must in their entirety comply with all applicable laws and regulations and must not: (a) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, harmful to minors, or otherwise objectionable; (b) promote or display sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any intellectual property rights or other rights of any other party; (d) contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote, or assist any unlawful act; (g) cause annoyance, inconvenience, slander, anxiety, embarrassment or alarm to any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization; (i) or give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Further, you agree not to: (a) use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site; (b) use any device, software or routine that interferes with the proper working of the site; (c) introduce any viruses, Trojan horses, worms, logic bombs, or other code or material that is malicious or technologically harmful; (d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the site, the server on which the site is stored, or any server, computer, or database connected to the site; (e) attack the site via a denial-of-service attack or a distributed denial-of-service attack; or (f) otherwise attempt to interfere with the proper working of the site.

Copyrights

BRIGGO respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing content, BRIGGO may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, BRIGGO does not ensure that any such content will be edited or removed. BRIGGO may terminate the accounts of users who infringe the intellectual property rights of others.

Therefore, and in compliance with 17 U.S.C.A. § 512, if you believe that any such third party materials infringe your intellectual property rights, please contact:

BRIGGO, Inc., Attn: Legal Department, PO Box 50310, Austin, TX 78763

Proprietary Rights

BRIGGO owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited. Any use of the site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or the Service solely for personal use. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal use, provided that you agree to be bound by our end user license agreement for such applications. If we provide social media features with certain content, you may take such actions as are enabled by such features. Any other use of materials on the Site or other Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BRIGGO is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained therein without prior written permission of an authorized officer of BRIGGO.

“BRIGGO” and the BRIGGO Logo are registered trademarks of BRIGGO, Inc. BRIGGO’s service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by BRIGGO, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BRIGGO.

Links to and from the site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage BRIGGO’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without BRIGGO’s express written consent.

This Services may provide certain social media features that enable you to: (a) link from your own or certain third-party websites to certain content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites; (c) cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided. You understand and agree that by activating such social media features, certain information may be shared between the site and the applicable social media site you have selected. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. BRIGGO reserves the right to withdraw linking permission without notice and may disable all or any social media features and any links at any time without notice in our discretion.

DISCLAIMER OF WARRANTIES

BRIGGO PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER BRIGGO NOR ANY PERSON ASSOCIATED WITH BRIGGO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. BRIGGO, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BRIGGO DOES NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE AND RELIANCE ON INFORMATION THEREIN IS SOLELY AT YOUR RISK.

EXCLUSION OF DAMAGES

BRIGGO AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF BRIGGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, BRIGGO WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH THE REGISTRATION, ACCOUNTS AND PASSWORDS REQUIREMENTS OF THESE TERMS OF USE OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL BRIGGO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OWNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

THIRD-PARTY WEB SITES

THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY BRIGGO. ACCORDINGLY, BRIGGO MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY BRIGGO.

Indemnification

You will indemnify and hold harmless BRIGGO and its representatives, agents, affiliates, members, officers, employees and managers (the “Indemnified Parties”), and at BRIGGO’s option defend the Indemnified Parties, from and against any damage, loss, cost or expense (including without limitation, legal fees and costs) incurred in connection with any third-party claim, demand, proceeding or action (“Claim”) brought against any of the Indemnified Parties arising out of your use of the Service or any alleged breach by you of any provision of these Terms of Use. If you are obligated to indemnify BRIGGO, BRIGGO may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of BRIGGO.

Termination

In its sole and absolute discretion, with or without notice to you, BRIGGO may (1) suspend or terminate your use of the Service, or (2) terminate your BRIGGO Account. You may terminate your BRIGGO Account for any reason by emailing BRIGGO at info@briggo.com. BRIGGO shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service.

General

These Terms of Use and the relationship between you and BRIGGO shall be governed by the laws of the United States and the State of Texas without regard to its conflict of law provisions. Any action or proceeding arising from, relating to or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in Austin, Texas, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise. No failure or delay by BRIGGO in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use. The invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. These terms and conditions are binding upon and shall ensure to the benefit of both parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without BRIGGO’s prior written consent.

Inquiries or Questions

If you have any questions regarding this Agreement or your BRIGGO Account, please visit our website at https://www.briggo.wpengine.com/ or call us at 512-524-1370 or email .