CoCo Fresh Tea & Juice (NY/NJ/MA) REWARDS TERMS OF USE

Effective July 8th, 2022

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR PARTICIPATING IN THE CoCo Fresh Tea & Juice (NY/NJ/MA) REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR PARTICIPATE IN THE CoCo Fresh Tea & Juice (NY/NJ/MA) REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and us. 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 updates, notices, disclosures and amendments to these Terms of Use, and other information relating to the CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards program by electronic means, including posting such information and materials online at https://www.cocobubbletea.com/terms-and-conditions

ADDITIONAL TERMS

These Terms of Use apply to your access to, and participation in, the CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards program in the United States ("CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards"), which is operated by CoCo Fresh Tea & Juice (NY/NJ/MA) Corporation or its respective subsidiaries, licensees and affiliated companies (collectively, "CoCo Fresh Tea & Juice (NY/NJ/MA)"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with CoCo Fresh Tea & Juice (NY/NJ/MA) for other products or services, such as CoCo Fresh Tea & Juice (NY/NJ/MA) Cards.

CHANGES TO TERMS

CoCo Fresh Tea & Juice (NY/NJ/MA) reserves the right to change or modify these Terms of Use or any policy, FAQ, or guideline pertaining to CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to https://www.CoCobubbletea.com/ , so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms of Use, you must stop accessing and participating in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards.

PERSONAL USE

CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards is intended for personal use only. Commercial use is prohibited. CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards is 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 access and participate in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

Our Privacy Statement is incorporated into these Terms of Use and also governs your participation in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards. Please read the Privacy Statement https://www.cocobubbletea.com/privacy-policy carefully to understand how CoCo Fresh Tea & Juice (NY/NJ/MA) collects, uses and discloses information about customers, how to update or change your personal information, and how we communicate with you.

ABOUT CoCo Fresh Tea & Juice (NY/NJ/MA) REWARDS

CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards is one way in which CoCo Fresh Tea & Juice (NY/NJ/MA) endeavors to reward and thank loyal customers for patronizing our business and purchasing CoCo Fresh Tea & Juice (NY/NJ/MA) products. CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards members are able to earn and accumulate "CoCo Cashbacks" that can be redeemed for CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards benefits ("Rewards") at participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores. Unfortunately, not all CoCo Fresh Tea & Juice (NY/NJ/MA) stores have the ability to award CoCo Cashbacks or redeem CoCo Cashbacks for Rewards at this time. To find the location nearest you that participates in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards, visit the CoCo Fresh Tea & Juice (NY/NJ/MA) Store Locator at https://www.cocobubbletea.com/locations

 

JOINING CoCo Fresh Tea & Juice (NY/NJ/MA) REWARDS

To join CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards, go to the CoCo Fresh Tea & Juice (NY/NJ) mobile app (“App”) and follow the prompts to create an account. You will be required to provide the following information:

  • First and last name, email address and password.

When you join CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards, you automatically are provided with a digital CoCo Fresh Tea & Juice (NY/NJ/MA) Card with a zero dollar ($0.00) balance. You can add funds to your digital CoCo Fresh Tea & Juice (NY/NJ/MA) Card through the App, or in-person at a participating CoCo Fresh Tea & Juice (NY/NJ/MA) store. You can also register a CoCo Fresh Tea & Juice (NY/NJ/MA) Card eGift or a physical CoCo Fresh Tea & Juice (NY/NJ/MA) gift card to your account by adding the 16 digit CoCo Fresh Tea & Juice (NY/NJ/MA) Card number and security code. CoCo Fresh Tea & Juice (NY/NJ/MA) Cards may include: physical CoCo Fresh Tea & Juice (NY/NJ/MA) plastic cards that are available for sale from participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores and other retail locations (for example, gift card "malls" or kiosks); digital forms of physical CoCo Fresh Tea & Juice (NY/NJ/MA) plastic cards; and CoCo Fresh Tea & Juice (NY/NJ/MA) Card eGifts that can be purchased at our Mobile App. Multiple CoCo Fresh Tea & Juice (NY/NJ/MA) Cards can be added for use in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards, but you may have only one (1) account that is personal to you. All CoCo Fresh Tea & Juice (NY/NJ/MA) Cards, including the one that is digitally provisioned, are subject to the Terms & Conditions which are incorporated into these Terms of Use. For more information about CoCo Fresh Tea & Juice (NY/NJ/MA) Cards, please visit https://www.CoCobubbletea.com/

EARNING CoCo Cashbacks

The Rewards that are available to you through CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards are based on the number of CoCo Cashbacks that you earn. You can earn CoCo Cashbacks by making purchases at participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores in the United States in the following ways:

  1. Paying for your purchase with a CoCo Fresh Tea & Juice (NY/NJ/MA) Card. When you pay with your digital CoCo Fresh Tea & Juice (NY/NJ/MA) Card in the App, you will earn up to 5% CoCo Cashbacks for every $1 (one) U.S. Dollar (Base on Subtotal, tips and taxes not included) you spend at participating stores via our Mobile App. You will also earn up to 5% CoCo Cashbacks for every $1 (one) U.S. Dollar (Base on Subtotal, tips and taxes not included) (Base on Subtotal, tips and taxes not included) spent when you a) pay in-person at a participating store with your registered physical CoCo Fresh Tea & Juice (NY/NJ/MA) Card or b) scan the barcode in the App, and then use any physical CoCo Fresh Tea & Juice (NY/NJ/MA) Card (regardless of whether it is registered) to complete the purchase. 

  1. Paying for your purchase with Linked Payment Method. You can link a credit card, debit card or mobile wallet to your account, and use it to pay directly for your order through the App. When you pay directly with a linked payment method, you will earn up to 5% CoCo Cashbacks for every $1 (one) U.S. Dollar (Base on Subtotal, tips and taxes not included) (Base on Subtotal, tips and taxes not included) you spend at participating stores. CoCo Fresh Tea & Juice (NY/NJ/MA) may add or remove available payment methods at any time in its sole discretion. 

  1. Scanning your member barcode in the App and then paying with cash, credit card, debit card or mobile wallet. You can earn up to 5% CoCo Cashbacks for every $1 (one) U.S. Dollar (Base on Subtotal, tips and taxes not included) you spend at participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores when you scan your member barcode in the App at the register prior to paying with cash, credit cards, debit cards, or mobile wallets. 

  2. Promotional Bonus CoCo Cashbacks Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional "Bonus CoCo Cashbacks" through special promotions. These promotional Bonus CoCo Cashbacks will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offers.

Note that CoCo Cashbacks may be earned in fractional amounts depending on the value of your purchase. 

MULTIPLE TENDER

If you use more than one payment method in a single transaction, you will earn CoCo Cashbacks based on the earn rate associated with each payment. For example, if your beverage is $6 and you pay $3 with your CoCo Fresh Tea & Juice (NY/NJ/MA) Card and $3 with a credit card, you will earn a total of 9 CoCo Cashbacks: 6 CoCo Cashbacks for the amount paid with your CoCo Fresh Tea & Juice (NY/NJ/MA) Card, and 3 CoCo Cashbacks for the amount paid with your credit card. If members split a transaction, each member must scan their member barcode in the App immediately before making their payment in order to earn CoCo Cashbacks for their respective purchase amount.

CURRENCY EXCHANGE

No currency exchange is applied to the value of your purchase for the purpose of determining how many CoCo Cashbacks you have earned.

EXCLUSIONS TO EARNING CoCo Cashbacks; PARTICIPATING STORES ONLY

You may not earn CoCo Cashbacks in connection with certain types of beta or promotional programs, or on purchases made with a CoCo Fresh Tea & Juice (NY/NJ/MA) Store Credit card (defined below) or other forms of service recovery coupons. CoCo Cashbacks may be earned at participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores only, and certain stores only have the ability to award CoCo Cashbacks for CoCo Fresh Tea & Juice (NY/NJ/MA) Card transactions (not for cash, credit card, debit card or mobile wallet transactions). In addition, you cannot earn CoCo Cashbacks on purchases of alcoholic beverages or on CoCo Fresh Tea & Juice (NY/NJ/MA) Cards (such as activations, reloads, transfers, and other card-to-card transactions). Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for CoCo Cashbacks accrual.

RETURNS

For information about how CoCo Fresh Tea & Juice (NY/NJ/MA) handles returns, please read our Return Policy. Your CoCo Cashbacks balance may be impacted by returns as follows:

  1. If you void a purchase, CoCo Fresh Tea & Juice (NY/NJ/MA) will deduct the CoCo Cashbacks that you earned for that purchase, potentially resulting in a negative CoCo Cashbacks balance on your account.

  1. If you return merchandise, packaged coffee, food or tea that you purchased with a CoCo Fresh Tea & Juice (NY/NJ/MA) Card (note: an original receipt or gift receipt is required), your funds will be returned to you on a card with store credit (“CoCo Fresh Tea & Juice (NY/NJ/MA) Store Credit card”), but CoCo Fresh Tea & Juice (NY/NJ/MA) will not deduct any CoCo Cashbacks from your account. CoCo Fresh Tea & Juice (NY/NJ/MA) Store Credit cards may be used in participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores, but they are not CoCo Fresh Tea & Juice (NY/NJ/MA) Cards. Purchases made with CoCo Fresh Tea & Juice (NY/NJ/MA) Store Credit cards do not accrue CoCo Cashbacks and cannot be registered or reloaded for additional value.

  1. If you return products purchased with a credit card, debit card, mobile wallet or cash (note: an original receipt or gift receipt is required), CoCo Fresh Tea & Juice (NY/NJ/MA) may deduct the CoCo Cashbacks earned in connection with your purchase, potentially resulting in a negative CoCo Cashbacks balance. You may be required to provide the physical credit card, debit card, or mobile wallet in order for CoCo Fresh Tea & Juice (NY/NJ/MA) to process the refund. 

  2. Due to system limitations cross day refunds are NOT available.

CoCo Reward and Cashbacks program EXPIRATION

Unless otherwise noted, CoCo Cashbacks are automatically added to your account within twenty-four (24) hours of your eligible purchase and expire TWELVE (12) months after the calendar month in which such CoCo Cashbacks were earned. For example, if you earn CoCo Cashbacks on March 15, 2021, they will expire on March 1, 2022. The oldest accrued CoCo Cashbacks will be used first for redemptions. You can view and track your CoCo Cashbacks balance and available Rewards, as well as any additional benefits for which you are eligible as a CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards member, by using the App.

REDEEMING CoCo Cashbacks FOR REWARDS

CoCo Cashbacks may be redeemed for complimentary CoCo Fresh Tea & Juice (NY/NJ/MA) items at participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores in the United States. CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards offers different Rewards based on different CoCo Cashbacks redemption tiers. Note that the Rewards available and CoCo Cashbacks redemption tiers may vary by location, and that CoCo Fresh Tea & Juice (NY/NJ/MA) may adjust the items included in each tier at any time in its sole discretion. The CoCo Cashbacks redemption tiers for redeeming CoCo Cashbacks at participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores in the United States following:

Currently, our Cashbacks need to be redeemed when full purchases Price are covered, due to system limitations, split payment will NOT be allowed while redeem CoCo Cashbacks.

CoCo Cashbacks REDEMPTION AVAILABILITY MAY VARY; PARTICIPATING CoCo Fresh Tea & Juice (NY/NJ) STORES ONLY

Not all CoCo Fresh Tea & Juice (NY/NJ/MA) stores have the ability to honor CoCo Cashbacks redemption or provide CoCo Cashbacks redemption at multiple tiers. Additionally, the items available for redemption in each CoCo Cashbacks redemption tier may vary. Certain CoCo Fresh Tea & Juice (NY/NJ/MA) stores. 

OTHER IMPORTANT CoCo Cashbacks REDEMPTION INFORMATION AND EXCLUSIONS

CoCo Cashbacks may be redeemed at participating CoCo Fresh Tea & Juice (NY/NJ/MA) stores and are ineligible to be redeemed for the following items: Accessory Items.

You can NOT redeem CoCo Cashbacks at a participating CoCo Fresh Tea & Juice (NY/NJ/MA) store outside of the United States.

ADDITIONAL BENEFITS OF CoCo Fresh Tea & Juice (NY/NJ) REWARDS

As a CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards member, you may be eligible for the following additional benefits.:

  • Early or extended access to certain promotions and offers. CoCo Fresh Tea & Juice (NY/NJ/MA) may offer CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards members early or extended access to special menu items or discounts at participating stores. You may take part in these offers by paying with a CoCo Fresh Tea & Juice (NY/NJ/MA) Card registered to your account or scanning the member barcode in the App prior to your purchase.

  • Personalized offers and coupons. Special offers may be distributed by email, through the App (including via push notifications), or by physical mail. You may be required to opt-in and activate special offers via the App or via email. In order to receive and activate personalized special offers distributed via email, you must opt-in to receive promotional and marketing offers from CoCo Fresh Tea & Juice (NY/NJ/MA) and you may be required to provide a valid email, telephone and physical address. Special offers may be customized based on your purchase behaviors and preferences, and may include periodic discounts on food, beverages and merchandise, or the opportunity to earn Bonus CoCo Cashbacks. Special offers may have certain restrictions, including expiration dates and short, time-limited redemption periods. Special offers are personal to you and cannot be shared, copied or transferred. You may be required to scan your member barcode in the App or present or pay with your registered CoCo Fresh Tea & Juice (NY/NJ/MA) Card in order to redeem special offers. Read each offer carefully for specific details, expiration dates, and limitations and restrictions.

CoCo Fresh Tea & Juice (NY/NJ/MA) reserves the right to change or suspend the number and type of benefits offered to members of CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards in its sole discretion at any time.

OTHER IMPORTANT INFORMATION YOU SHOULD KNOW

These Terms of Use complement and incorporate by reference the Terms & Conditions. In the event of any conflict between the CoCo Fresh Tea & Juice (NY/NJ/MA) Card Terms & Conditions and these Terms of Use, the CoCo Fresh Tea & Juice (NY/NJ/MA) Card Terms & Conditions control.

There are no participation or membership fees associated with CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards. CoCo Cashbacks accrued in connection with CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of CoCo Cashbacks accrued in connection with CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by CoCo Fresh Tea & Juice (NY/NJ/MA).

Your CoCo Cashbacks, Rewards, registered CoCo Fresh Tea & Juice (NY/NJ/MA) Cards, and CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards account that is personal to you.

Without notice to you, CoCo Fresh Tea & Juice (NY/NJ/MA) reserves the right to suspend any CoCo Fresh Tea & Juice (NY/NJ/MA) Card registered to your account and/or terminate your account and/or your participation in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards if CoCo Fresh Tea & Juice (NY/NJ/MA) determines, in its sole discretion, that you have violated these Terms of Use or that the use of your CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. CoCo Fresh Tea & Juice (NY/NJ/MA) may, in its sole discretion, suspend, cancel or combine CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards accounts that appear to be duplicative. In the event that your participation in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards is terminated, all accrued CoCo Cashbacks in your account are void.

Without notice to you, CoCo Fresh Tea & Juice (NY/NJ/MA) also reserves the right to "unregister" and make ineligible for CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards any CoCo Fresh Tea & Juice (NY/NJ/MA) Card or account that has been inactive for two (2) consecutive years. Inactivity is defined as no CoCo Cashbacks earned during such two (2) consecutive year periods. In the event that your CoCo Fresh Tea & Juice (NY/NJ/MA) Card or account is unregistered or rendered inactive, all accrued CoCo Cashbacks in your account are void.

ADDITIONAL RULES FOR COCO CASHBACKS PROGRAM:

Only you may redeem Cashbacks Rewards, unless you or we agree otherwise. You are responsible for any taxes that may be due on Cashbacks Rewards redemptions.

• Account Closure: If we close your CoCo Reward Account, you will no longer be able to earn or redeem your Cashbacks Rewards and you will forfeit any accumulated, earned Cashbacks Rewards. In addition, you will no longer be able to Reinstate purchases if we close your CoCo Reward Account. If you close your Account, you will no longer be able to earn Cashbacks Rewards and you must redeem any available Cashbacks Rewards prior to account closure or Cashbacks Rewards will be forfeited. Additionally, you will no longer be able to Reinstate purchases if you close your CoCo Reward Account.

• Account Inactivity: Purchases will become unavailable for Reinstatement if your account does not earn any CashBacks on Purchases for 12 Months or more.

• Cashbacks Rewards Expiration: Your Cashbacks Rewards balance will expire if you have not earned any CashBacks on Purchases or Cashbacks on Payments for 12 months.

• Value of Cashbacks Rewards: Cashbacks rewards have no cash value until such time as you may request and receive redemption (check or statement credit or direct deposit) for your eligible Cashbacks Rewards. You may not assign, transfer, or pledge your Cashbacks Rewards. You have no property rights or other legal interest in Cashbacks Rewards.

• Program Rules: We may revise any of these terms at any time with 30 days prior written notice. In addition, we may terminate the Cashbacks Reward Program with 30 days prior written notice. If we terminate the program, you will only have 90 days to request your redemption eligible drink(s).

• Fraud: If your CoCo Reward Account shows any sign of fraudulent, abusive or suspicious activity, we may close or suspend your CoCo Reward Account immediately without giving you prior notice. You may also forfeit your accrued Cashbacks Rewards.

 

CoCo Fresh Tea & Juice (NY/NJ/MA) reserves the right to change, modify, discontinue or cancel CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards or any part of the CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards program, at any time and in its sole discretion, without notice to you.

 

 

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 these Terms of Use.

Binding Arbitration. This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of Use, your access to or participation in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards, the CoCo Fresh Tea & Juice (NY/NJ/MA) Cards registered to your account, or your relationship with us. Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards, or your relationship with CoCo Fresh Tea & Juice (NY/NJ/MA) 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.

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 using the appropriate link at https://www.cocobubbletea.com/contact-us 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 these Terms of Use. The AAA Rules and information about arbitration and fees are available online at CoCoadr.org. You and we agree that these Terms of Use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be 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 these Terms of Use 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. Upon filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, CoCo Fresh Tea & Juice (NY/NJ/MA) will reimburse you for the filing fee within 30 days of receiving a written request from you. 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 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

Any dispute arising from these Terms of Use or your access to or participation in CoCo Fresh Tea & Juice (NY/NJ/MA) Rewards will be governed by and construed and enforced in accordance with the laws of New York, without regard to conflict of law rules or principles. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Queens, New York.

SEVERABILITY

If any provision or part of a provision of these Terms of Use is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.