The following Loyalty Card Agreement describes the terms and conditions.
By using your Loyalty Card, you agree to the terms of this agreement between you and Focaccia Café Inc., a California corporation, and its affiliates.
About Your Account
The Loyalty Card is issued to you by Focaccia Café Inc. It allows you to earn points onto your Card for future redemption at participating stores. The point value that you earned onto your Card is for food and beverage items only.
We reserve the right not to accept the Card or otherwise limit use of the Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Expiration of Card Point Balances
Your point balance has no expiration date.
Billing Errors, Corrections
We reserve the right to correct the balance of your Card account if we believe that a clerical, billing or accounting error occurred.
We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
Liability for Unauthorized Transactions
Because your Card is used for redemption from Focaccia Café Inc., you are responsible for all transactions associated with your Card, including unauthorized transactions. If your Card is lost, stolen or destroyed, please report immediately.
Changes to This Agreement
We may amend the terms of this agreement at any time, including any rights or obligations you or we may have.
Governing Law – California
This Agreement shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules.
Disclaimers and Limits of Liability
Focaccia Café Inc., and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the 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.
Legal Resolution - Arbitration
Any dispute or claim arising under this agreement shall be resolved by binding arbitration with a duly authorized representative of the American Arbitration Association (“AAA”). Either the Company or the Card Holder may submit a dispute or claim to binding arbitration before the AAA, which arbitration shall be final and binding on the parties and the exclusive method, absent agreement between the Company and the Card Holder, for resolution of the dispute or claim.
The cost of the arbitrator shall be borne equally unless the arbitrator determines otherwise in his/her award; each party shall be responsible for its own costs and/or attorneys’ fees.