TERMS OF USE

Last Revised: May 6, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. ACCESSING OR USING THE SEATTLE 2401 WEBSITE (OR THIS WEBSITE BY ANY DIFFERENT NAME) (“SITE”), IN ANY MANNER CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY STARBUCKS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”, “YOU”, OR “YOUR”) AND STARBUCKS CORPORATION (D/B/A STARBUCKS COFFEE COMPANY) AND ITS SUBSIDIARIES AND AFFILIATES ("SEATTLE 2401") GOVERNING THE USE OF THE SITE. IF USER DOES NOT AGREE TO THESE TERMS, USER SHOULD NOT ACCESS OR USE THIS SITE. THESE TERMS CONTAIN DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT SEATTLE 2401’S LIABILITY TO USER. THE SITE IS OPERATED BY THIRD PARTIES ON SEATTLE 2401’S BEHALF.

Eligibility

The Site may only be used by citizens of the United States who are 18 years of age or older. The Site is not targeted towards, nor intended for use by, anyone outside of the United States or under the age of 16.

Registration; Account Protection

In order to use the Site, You will need to register to join the Site. When You register to join the Site you will be able to set Your own password. You must keep this password confidential and must not disclose it to or share it with anyone. You will be responsible for all activities that occur under Your password. If You know or suspect that someone else knows Your password, You agree to contact Seattle 2401 immediately at seattle2401@compusensecloud.com. You must change Your password regularly and select a password that complies with the Site’s password requirements. You may not transfer Your accounts to any other individual.

You must ensure that the details provided by You about yourself on registration or at any time are correct and complete.

If You are viewing the Site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure You are sufficiently disconnected and logged off the Sites and the computer system You are using to prevent unauthorized access.

Members of this Site may be removed from the panel at any time at the sole discretion of Seattle 2401 administrators.

Incentives

Seattle 2401 may offer an incentive for a survey, series of surveys successfully completed online, focus group, or product tests. Any such incentives will be communicated prior to participation. You are solely responsible for any federal, state, and/or local tax consequences related to any incentive You may receive.

Site License

Seattle 2401 grants You a personal, non-exclusive, non-transferable, limited, and revocable license to use the Site in accordance with these Terms (“License”). Any use of the Site in any other manner, including, without limitation, resale, transfer, modification or distribution of the Site or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Site (“Content”) is prohibited. These Terms and License also govern any updates to, or supplements or replacements for, this the Site unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.

Acceptable Use

Your use of the Site and any information you provide, including, but not limited to, user names and passwords, addresses, e-mail addresses, phone number ("User Information"), transmitted in connection with the Site is limited to the contemplated functionality of the Site. In no event may You, or anyone else, use the Site in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Seattle 2401, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access the Content of the Site in a manner that is not authorized by Seattle 2401; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Site, the Site’s content, or any third-party; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to computer networks, user accounts, or any third-party network or system; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair the Site’s servers or networks or a third-party’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents Your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). Seattle 2401 reserves the right, in its sole discretion, to terminate any License, terminate any User’s participation in the Site, or assert legal action with respect to use of the Site, that Seattle 2401 reasonably believes is or might be in violation of these Terms. Seattle 2401’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

User Information

Although Seattle 2401 has no obligation to screen, edit or monitor any of the User Information posted on the Site, Seattle 2401 reserves the right, and has absolute discretion, to remove, screen or edit any User Information on the Site at any time and for any reason without notice.

Submission of Ideas

Separate and apart from the User Information You provide, You may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Seattle 2401, our Site, and products or concepts tested (collectively, "Ideas"). The Ideas You submit are voluntary, non-confidential, gratuitous and non-committal. Please do not send Ideas if You expect to be paid or want to continue to own or claim rights in them; Your Ideas might be great, but Seattle 2401 may have already had the same or similar idea and Seattle 2401 does not want disputes. You must also inform Seattle 2401 if You have a pending or registered patent relative to the Idea.

You represent and warrant that Your Idea is not subject to any confidentiality obligations or third-party intellectual property encumbrances and that You own and control all of the rights to the Idea and have the authority to grant the rights to Seattle 2401 that You grant herein.

By submitting Your Idea, You grant Seattle 2401 and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to You. By submitting Your Idea, You hereby release Seattle 2401 and its agents and employees from any claims that such use violates any of Your rights.

Seattle 2401 shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.

Indemnification

You agree to defend, indemnify, and hold harmless Seattle 2401, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorney's fees) that arise from or relate to Your use or misuse of the Site, violation of these Terms or Third Party Terms, or violation of any rights of a third party. Seattle 2401 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

Warranties; Disclaimers

SEATTLE 2401 IS PROVIDING THE SITE TO THE USER "AS IS" AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, SEATTLE 2401 DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY.

No Liability

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT SHALL SEATTLE 2401 OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM SEATTLE 2401), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SEATTLE 2401’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.

IF YOU RESIDE IN A JURISDICTION OTHER THAN NEW JERSEY, YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

Marks and Content

Any trademarks, service marks, graphics, and logos used in connection with the Site are trademarks or registered trademarks of their respective owners (collectively “Marks”). The Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Seattle 2401 or the applicable Marks holder. The Site and its Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and may have security components that protect digital information only for those uses authorized by Seattle 2401 or the owner of the content.

Third Party Content, Products and Services (including Advertising and Promotions)

The Site may be operated by third parties, whose own Third-Party Terms or privacy policies may apply. You should review the applicable terms and policies, including privacy and data gathering practices. Seattle 2401 may provide third party content in the Site (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. Seattle 2401 does not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Seattle 2401 of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Seattle 2401 is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at Your own risk. When You use other applications via Third Party Content or participate in promotions or business dealings with third parties, You should understand that these Terms and other Seattle 2401’s policies no longer govern, and that the terms and policies of those third-party applications will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application to which You navigate from the Site.

Privacy

Please read the Privacy Policy carefully to understand how Seattle 2401 collects, uses and discloses personally identifiable information from Users. By accessing or using the Site, you consent to all actions that Seattle 2401 takes with respect to Your data consistent with the Privacy Policy.

Governing Law and Jurisdiction

These Terms and use of the Site are governed by the laws of the state of Washington, United States of America, without regard to Washington's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably consent to the exclusive jurisdiction of the federal and state courts in King County, Washington, United States of America, for purposes of any legal action arising out of or related to the use of the Site or these Terms.

Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Sites is Starbucks Corporation, 2401 Utah Avenue South, Seattle WA 98134. To file a complaint regarding the Sites or to receive further information regarding use of the Sites, send a letter to the above address or contact Starbucks via e-mail (with "California Resident Request" as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.

Changes

Seattle 2401 reserves the right to change or modify these Terms or any other Seattle 2401 policies related to use of the Site at any time and at its sole discretion by changing these Terms within the Site. Continued use of the Site following such changes or modifications to the Terms or other Seattle 2401 policies will constitute acceptance of such changes or modifications.

Contact

Any questions, complaints, or claims regarding the Site should be directed to: seattle2401@compusensecloud.com.