Last Updated: 04/06/2026
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES OR OTHERWISE AGREEING TO THIS AGREEMENT, YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT AND RECOGNIZE THAT YOU MAY BE WAIVING CERTAIN RIGHTS.
This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and Chicken Coup, LLC d/b/a Starbird Chicken (“Starbird”) (collectively, “Starbird,” “we,” “us,” or “our”) and governs your access to and use of our websites, mobile and other online services or applications that link to this Agreement, including our Mobile App(s) (each a “Site,” and collectively the “Sites”) and the features, content, programs, and services including our Loyalty Program (“Loyalty Program” or “Reward Program”) and other offerings we make available through the Sites (collectively with the Sites, the “Services”). By continuing to access and use the Services, you agree that such use is legally sufficient consideration under this Agreement.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION AGREEMENT WHICH LIMITS YOUR RIGHTS TO BRING AN ACTION IN COURT, BRING A CLASS ACTION, AND HAVE DISPUTES DECIDED BY A JUDGE OR JURY, AS WELL AS PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.
YOUR CONTINUED USE OF THE SERVICES AND/OR PARTICIPATION IN THE LOYALTY PROGRAM IS SUBJECT TO YOUR CONTINUED COMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE THE SERVICES OR PARTICIPATE IN THE LOYALTY PROGRAM.
CONTINUED ACCESS AND USE OF THE SERVICES OR PARTICIPATION IN THE LOYALTY PROGRAM AFTER CHANGES HAVE BEEN MADE TO THIS AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THE REVISED AGREEMENT THEN IN EFFECT. YOU AGREE THAT YOU WILL REVIEW THIS AGREEMENT PERIODICALLY AND THAT YOU SHALL BE BOUND BY THIS AGREEMENT AND ANY MODIFICATIONS TO IT.
If you are an individual accessing or using the Services on behalf of, or for the benefit of, any corporation, partnership, or other legal entity with which you are associated (“Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Services and to any such Organization.
We are committed to making the Services accessible for all users and will continue to take steps necessary to ensure compliance with applicable laws. Please read our Accessibility Policy for more information. If you have difficulty accessing any content, feature, or functionality of the Services, please Contact Us.
Read more about our eCommerce policies.
Read the Rewards and Loyalty Programs terms.
Read more about our rights and control of the Services and Content.
Read more about what you can and cannot do on the Services.
This Highlights section is intended to provide you with a basic overview of the contents of this Agreement. However, please read the entire Agreement for a complete understanding of the terms you are agreeing to. The meaning of capitalized words can be found in the full Agreement. If there is a conflict between the terms of this Highlights section and the terms of the full Agreement, the terms of the full Agreement control.
Read more about our eCommerce policies.
Read the Rewards and Loyalty Programs terms.
Read more about our rights and control of the Services and Content.
Read more about what you can and cannot do on the Services.
Some of the Services may allow you to purchase products directly through orders for pickup, delivery, or catering through a Starbird restaurant (“eCommerce Sites”). Although we have a variety of eCommerce Sites that sell different types of products and services, the provisions of this Agreement apply to all of them.
Refunds, returns, and exchanges will not be issued for products that have not been purchased directly through an eCommerce Site. We reserve the right to deny a refund, return, or exchange, and/or issue a shopping credit to your Account in place of a refund if we determine that our policy is being abused. We may use any means available to us, including coordination with other companies, to determine if you are abusing our policy. This decision is made in our sole discretion and determination.
We may make improvements and/or changes in products or services described on the eCommerce Sites, add new features, or terminate an eCommerce Site at any time without notice. We also: (i) reserve the right to change the goods and services advertised or offered for sale through an eCommerce Site, the prices or specifications of such goods and services, and any promotional offers at any time without any notice or liability to you or any other person; (ii) cannot guarantee that goods or services advertised or offered for sale on an eCommerce Site will be available when ordered or thereafter; (iii) reserve the right to limit quantities sold or made available for sale; (iv) do not warrant that information on an eCommerce Site (including without limitation product descriptions, colors, or photographs) is accurate, complete, reliable, current, or error-free; and (v) reserve the right to modify, cancel, terminate, or not process orders (including accepted orders) where the price or other material information on an eCommerce Site is inaccurate, where we have insufficient quantities to fulfill an order, or for any other reason in our sole discretion. If we do not process an order for such reason, we will either not charge you or will apply credit to the payment type used in the order. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you. Unless otherwise indicated (or if the eCommerce Site has a non-US domain), products sold on the eCommerce Sites are intended for end use in the United States and are not labeled or intended for international distribution.
Some orders may be placed with or fulfilled by third party ordering and delivery partners (e.g., DoorDash®). If you place an Order with a third-party delivery partner, you understand that you are leaving the Starbird Services to do so and will be subject to the terms and conditions and privacy notice published by such third-party ordering and delivery partner. Third party ordering and delivery partners share contact information provided in connection with your orders with Starbird. You agree to be contacted via electronic mail by Starbird, subject to the opt-outs set forth in the Privacy Notice.
If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price. On rare occasions an error in our tax database may cause the sales tax charge to be incorrect. If this happens, at any time up to two years from your date of purchase you may Contact Us for a refund of tax overcharges. This right to a refund is your exclusive remedy for sales tax errors.
We may use a third-party payment processor to process your payment information, including your payment card data. Be aware that you may be subject to the third-party processor’s terms and your information may be subject to their privacy practices.
If you are not satisfied with any product that you purchased through an eCommerce Site, you may return it or exchange it subject to the following conditions:
To request a return or exchange, you must contact our customer service department by following the instructions on the eCommerce Site. Some eCommerce Sites may also let you request a return or exchange through your Account or through other functionality.
In your return or exchange request, you must indicate the specific product with which you are not satisfied, and include your order number, name, and contact information, as well as the reason for your return or exchange request and the new product with which you would like to replace the returned product if you are requesting an exchange.
If we accept your return or exchange request, you must initiate the return of the applicable product within 60 days from the date of original shipment. Products returned after the 60-day return period may have their return or exchange denied. If you do not have an Account, we may issue you a shopping credit through other means.
To initiate the return of a product, you will need to use a return label that we provide you. Once you repackage the product that you are returning, securely affix the return label to you to your package and drop off your package at a local post office or courier office, your return or exchange will begin to be processed as soon as we have confirmed receipt of your return. We may not reimburse you for any shipping and handling fees that you incurred in returning any such product.
Promptly within receipt of a returned product, a credit will be issued back to the original method of payment if you selected a refund, or the new products that you requested will be shipped to you if you requested an exchange.
Please note that a new product for which you want to exchange the returned product may not be in stock. In such case, you will receive a shopping credit as described above.
If you are making an exchange, new products that are in stock may not equate to an even exchange and there may be a price difference between the new product and the returned product. Any difference in pricing for an exchange will be placed back on the original method of payment. If we are unable to do so, your exchange may not be completed. We may contact you for new payment information or elect to treat it as a return instead.
Some eCommerce Sites sell products for which we allow a refund; meaning all or a portion of the purchase price is returned to you without you providing the item back to us. This may be indicated on the applicable eCommerce Site or may be communicated by our customer service. We reserve the right to only issue a refund, or require a return or exchange, in our sole discretion regardless of what an eCommerce Site may indicate. Refunds will not be issued for products that have not been purchased directly through the eCommerce Site.
Timing: For refund eligible products, you have ninety (90) days from the date of delivery to contact us for a full refund of the purchase price (less delivery and handling fees). Following such ninety (90)-day period, no product is eligible for a refund. However, even after ninety (90) days, we encourage you to contact us if you are unsatisfied with a product and so our customer service can improve your experience, which may include providing an exception to this refund policy.
Guarantees: Some of our products or brands carry a “guarantee” which may allow for refunds for longer than ninety (90) days. If so guaranteed, all terms of the guarantee apply and such guarantee will be treated as a refund for the purpose of this Agreement.
Conditions: Your refund is subject to the following conditions:
To request a refund, you must contact our customer service department by following the instructions on the eCommerce Site. Some eCommerce Sites may also let you request a refund through your Account or through other functionality.
In your refund request, you must indicate the specific product with which you are not satisfied and include your order number, name, and contact information, as well as the reason for your refund request.
If we accept your refund request, you will receive a credit to your original form of payment. If we are unable to credit that form of payment, your refund may not be completed. We may contact you for new payment information or provide your refund in another way, such as through your Account.
In some cases, we may ship goods to you. We process orders daily Monday through Friday from our fulfillment centers. Most orders are shipped the next business day, or in some cases the same business day. You can expect delivery within three (3) business days of your order shipping out. If you choose two (2)-Day Air service, you can expect your order to arrive in two (2) business days from the date of shipment. Please allow one (1) business day for order processing.
International orders (including Canadian orders) may take up to two (2) weeks for delivery dependent upon the length of time required for customs processing. Not all eCommerce Sites allow international orders.
Shipping fees vary by eCommerce Site and can be found as calculated during the order completion process before checking out.
Unless otherwise indicated, we are only able to ship to one shipping address per order. If you’d like to ship to multiple addresses, please place separate orders for each unique address. Most products may be shipped to a P.O. Box or Military APO/FPO addresses, but some restrictions apply. Please make sure your address is correct. Once in transit, we cannot redirect shipments to a new or different address. If you order is returned for an invalid or incorrect address your order will be returned to stock and the order refunded less any shipping charges.
We are not liable for any lost shipments when USPS is selected as the shipping method.
If you have questions regarding shipping, please Contact Us.
Certain Sites create or advertise promo codes, discounts, coupon codes, and offers that provide a benefit to you when entered upon checkout. These cannot be applied to prior or completed transactions, they must be provided at the time of purchase. Generally, promo codes and discounts cannot be combined with other offers or subscription orders. Only consumers can use promo codes; they cannot be used by resellers, wholesalers, practitioners, or the like. You may have no right to discounts, coupons, or offers that are expired or discontinued even if they remain visible on a Site.
Promotions including free items, sometimes referred to as gifts, with purchase are available for a limited time only and offered while supplies last. No rainchecks will be provided for out-of-stock free items. There is a limit of one (1) free item per transaction.
Certain products on our Sites may be marked as “Safer Choice.” The Environmental Protection Agency’s (“EPA”) Safer Choice recognition does not constitute endorsement by the EPA or Starbird of this product. The Safer Choice label signifies that the formula for this product, as Starbird has represented it to the EPA, contains ingredients with more positive health and environmental characteristics than conventional products. The EPA/Safer Choice relies solely on Starbird’s integrity and good faith, for information on the composition, ingredients, and attributes of its products.
EPA/Safer Choice has not independently identified, i.e., via chemical analysis, the ingredients in the product formula, nor evaluated any of Starbird’s non-ingredient claims. EPA/Safer Choice provides its evaluation only as to the environmental and human health characteristics of the product, based on currently available information and scientific understanding.
Starbird offers a loyalty rewards and customer engagement program (“Loyalty Program”) where you may receive benefits in connection with certain actions taken. If you elect to opt-in to the Loyalty Program, the terms of this “Loyalty Program” section apply to you.
The Loyalty Program is owned and operated on our behalf by a third-party service provider and business partner (“Loyalty Provider”). Our Loyalty Provider is a third-party beneficiary of the Terms contained in this section. When you agree to these Terms, both Starbird and our Loyalty Provider will have the right to enforce the Terms of this section against you, separately or jointly. In its capacity as our service provider, our Loyalty Provider also collects information from users of the Service on our behalf. Please refer to our Loyalty Provider’s privacy notice located here for information on how it collects, uses and discloses information from users of the Service.
Role of our Loyalty Provider: Descriptions of the offers advertised on the Starbird Services are provided by Starbird or other referenced third parties. While we partner with our Loyalty Provider to enable us to deliver the Loyalty Program to you, our Loyalty Provider does not provide any Reward Opportunities or Rewards to you, and all Rewards are provided by and redeemable only with Starbird. Our Loyalty Provider is not responsible for the Rewards or the terms under which Rewards are made available. For avoidance of doubt, our Loyalty Provider is not responsible for any claims associated with the description of the Reward Opportunities, communications to you about Reward Opportunities or the Loyalty Program, Rewards, or products or services offered by Starbird (collectively “Starbird Offerings”). Pricing relating to certain Starbird Offerings and other available programs on the Starbird Services may change at any time in Starbird's sole discretion without notice.
By opting into or participating in the Loyalty Program, you acknowledge and agree to be bound by this Agreement and understand this is a binding legal agreement between you, Starbird, and our Loyalty Provider consisting of this section and the other terms contained in this Agreement. You agree that no other brands are responsible or liable to you related to any Loyalty Program besides our Loyalty Provider. Use of “we,” “us,” “our,” and similar terms in this “Loyalty Program” section refers to Starbird and/or our Loyalty Provider, as applicable.
Use of your information in connection with the Loyalty Program is governed by the Privacy Notice. Please review this to understand how your information is processed in connection with the Loyalty Program.
The Loyalty Program is only open to legal residents of the fifty (50) United States (and the District of Columbia), who are at least eighteen (18) years old at the time of entry. Our employees as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are eligible to participate in the Loyalty Program. The Loyalty Program is void where prohibited. Corporations or other entities or organizations of any kind are not eligible to participate the Loyalty Program. You may only participate in The Loyalty Program by registering for an Account according to the terms of this Agreement, and you may only use one Account. We reserve the right to suspend, modify, or discontinue the eligibility of any person who uses or is suspected of using the Loyalty Program in a manner inconsistent with this Agreement or any federal or state laws, statutes, or ordinances. Similarly, such action by you may result in you losing benefits accrued under the Loyalty Program. In addition to suspension or discontinuance of eligibility, we have the right to take appropriate administrative and/or legal action against such persons. It is your responsibility to ensure any rewards or benefits you earn under the Loyalty Program are accrued correctly.
Certain Reward Opportunities (defined below) that are part of our Loyalty Program may be governed by additional terms and conditions which are incorporated herein by reference. If there is a conflict between these Terms and the terms and conditions for a particular Reward Opportunity, these Terms will apply.
Our Loyalty Program provides a personalized reward experience for eligible consumers and includes loyalty rewards and offers, discounts, experiences, targeted promotions and general information (“Reward Opportunities”) via email, mobile device notifications and other channels. The means by which you can earn promotional rewards offered by us may include (i) a digital “punch card” experience, whereby you purchase a specified number of qualifying products or services or participate in specified activities; (ii) opportunities to earn stars or points that may be redeemed for rewards (“Points”); and (iii) other similar experiences where eligible spending or activity will earn you rewards (collectively, “Rewards”). Our Loyalty Program may offer additional Opportunities to you, based on your account settings and account history. At any point in time, you can opt out of receiving additional information regarding Reward Opportunities through your account settings within the Services or as otherwise set forth in these Terms.
At the time we make a Reward Opportunity available to you, we may provide Reward Opportunity specific terms (“Reward Opportunity Terms”) which may include details related to (i) what actions may be required to earn Rewards; (ii) what Rewards are available to you if you complete the actions required by the Reward Opportunity; (iii) expiration details relating to either Reward Progress, or ability to redeem Rewards, as applicable; and (iv) how you can redeem your Rewards. Reward Opportunity Terms for our current Reward Opportunities may be viewable on our web or mobile interface, including where you locate your Rewards.
Reward Progress: To participate in our Loyalty Program, you must (i) link one or multiple payment cards with your account (“Linked Cards”) and (ii) make eligible purchases (as described in the “Important Notes About Your Cards and Transactions” section below) with your Linked Cards to earn progress and rewards (“Qualifying Purchases”). Qualifying Purchases will help you progress toward earning rewards from us, (“Reward Progress”) and reaching the designated threshold (a “Reward Threshold”) indicated in the applicable Reward Opportunity Terms. When you reach a Reward Threshold, you will have access to the Rewards that we offer which can be redeemed automatically to your Linked Card or by showing us the reward on your next visit to one of our participating locations, as applicable.
By participating in the Loyalty Program, you agree that your Reward Progress:
You are responsible for ensuring your Reward Progress earned from Qualifying Purchases are properly credited to your account. It may take up to 7 days after a Qualifying Action is made for your Reward Progress or Reward to be viewable via your account. You should Contact Us if it has been more than 7 days and the Reward Progress has not been applied to your account. You may be asked to provide additional, supporting information, as required, to facilitate a request to update your Reward Progress. Requests received after 21 days of a Qualifying Action may not be eligible to be credited to your account. We are not responsible for investigating any Reward or Reward Progress request if you have not notified us within 21 days of the Qualifying Action. Your Rewards can also be reversed if any of the items you purchased in connection with a Qualifying Action are subsequently returned. We may also, at our discretion, delay any Reward or Reward Progress in order to validate or verify a Qualifying Action. Any attempt to earn Rewards through the purchase and return of merchandise in connection with a Qualifying Action will be considered possible grounds for termination of your account.
If you are uploading a receipt to participate in the Loyalty Program, you represent and warrant that you have the right to upload the receipt and understand that receipts may contain information about your transaction.
Expiration: In addition to any terms specified in Reward Opportunity Terms, Rewards and Reward Progress and as otherwise stated in these Terms, the Loyalty Program is subject to the following expiration policy:
You can view your Points balance and any upcoming expiration dates through your Account. Starbird is not obligated to provide additional notification of pending expirations beyond what is visible in your Account. Once Points have expired, they cannot be reinstated under any circumstances. This expiration policy supplements other terms regarding termination, account cancellation, or suspension set forth elsewhere in this Agreement.
Acknowledgements: By participating in the Loyalty Program, you acknowledge and agree to the following:
Important Notes About Your Cards and Transactions: By registering for our Loyalty Program and linking a payment card (“Linked Card”), you agree that the payment card network (e.g., AMEX, MasterCard or Visa) on which your payment card is issued may examine transactions (including returns) on your Linked Card to identify Qualifying Purchases and share transaction data with us and our Loyalty Provider as set forth in the Privacy Notice for the purposes of determining whether a transaction is a Qualifying Purchase, determining your Rewards Progress and when you have reached a Rewards Threshold, providing you with Rewards and notifying you about the status of your Qualifying Purchases, Rewards Progress, Rewards Thresholds and Rewards.
Not all payment cards are eligible for use in connection with our Loyalty Program. For example, corporate purchasing cards, Health Savings Account (HSA), Flexible Spending Account (FSA) cards, government-administered prepaid cards (including EBT cards), insurance prepaid cards, Visa Buxx and other cards whose transactions are not processed through the payment network’s own system are not eligible.
In addition, not all of our locations may participate in our Loyalty Program and not all transactions with your Linked Card may be eligible for our Loyalty Program, including PIN-based purchases, payments made through third-party digital wallets or payment apps other than Apple Pay, and other transactions not processed through the payment network’s own system.
Do not use a Personal Identification Number (PIN) when paying for your purchases with your Linked Card if you want the transaction to count toward your Reward Progress.
Termination, Account Cancellation or Suspension: You may terminate your participation in our Loyalty Program at any time through the settings in your Account (which will delete your Account) or by sending an email to our Loyalty Provider at https://punchh.com/contact/. Our Loyalty Program will continue until terminated at our sole discretion. We may terminate, modify, or suspend the Loyalty Program as well as your access to and use of the Starbird Services and your Account, at our sole discretion, at any time for any reason. Reasons for such a termination, modification or suspension include without limitation (1) you have violated or breached any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms), (2) we believe it is required to do so by law (for example, where the provision of the Starbird Services or Loyalty Program to you is, or becomes, unlawful); or (3) for any other reason in our discretion upon our provision of notice to you. If your account is terminated for cause pursuant to this section, you may not later re-enroll in the Starbird Services.
Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your Account is cancelled (whether by you or us), you will no longer be able to access your account and you will lose all of your accumulated Rewards and Reward Progress, and you understand and acknowledge that we will have no further obligation to provide the Loyalty Program to you or access to any of your Account information. We will not be liable to you or to any third party for the suspension or termination of the Loyalty Program, your Account or your access to or use of the Starbird Services. Upon any termination, discontinuation or cancellation of the Loyalty Program, your account or your access to or use of the Starbird Services, all provisions of the terms in this Loyalty Program Section which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
The Loyalty Program continues until we terminate it, which we may do at any time, with or without notice to you. Upon discontinuation of the Loyalty Program, you may lose all benefits, including those yet to be redeemed. We also reserve the right to suspend or modify the Loyalty Program, at our discretion, at any time. By continuing to participate in the Loyalty Program, you accept our modifications. We will make reasonable efforts to provide you notice of changes to the Loyalty Program prior to implementation.
Our Loyalty Program requires contact information from you to facilitate your participation, such as for sending you something you earned in connection with the Loyalty Program. In most cases, this information is pulled from your Account. It is your responsibility to make sure the information in your Account is accurate. You are responsible for the payment of all taxes which may result from participation in a Loyalty Program.
All questions or disputes regarding eligibility for the Loyalty Program, your compliance with this Agreement, accrual of rewards or benefits, or anything else related to the Loyalty Program, will be resolved by us in accordance with the Disputes, Arbitration, and Class Action Waiver section. By participating, you agree that all decisions we make regarding the Loyalty Program are final. The Loyalty Program is subject to all applicable laws and regulations. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND IN CONNECTION WITH THE LOYALTY PROGRAM, WHICH IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
We may provide access to Wi-Fi connections or similar network connections to you (the “Wi-Fi”). BY USING WI-FI, YOU ARE AGREEING TO THIS AGREEMENT. Your use of the Wi-Fi is subject to this Agreement and permitted only while you comply with this Agreement. We are under no obligation to provide the Wi-Fi to you, and we may terminate or suspend your access at any time and for any reason. Wi-Fi networks may be open wireless networks and in any case are not intended to be used for transmission of personal, financial, or sensitive information. No network communication is 100% secure, and users should take care when using a generally available Wi-Fi connection. We do not control and are not responsible for data or content that you access or receive via the Wi-Fi. We are not a publisher of third-party content that can be accessed through Wi-Fi and are not responsible for any opinions, advice, statements, services, or other information provided by third parties and accessible through the Wi-Fi.
We reserve the right to monitor or store any transmission made through the Wi-Fi, but we have no obligation to do so.
WI-FI IS PROVIDED ON AN AS-IS BASIS AND WE MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE AVAILABILITY, FUNCTIONALITY, OR SECURITY OF WI-FI.
All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs, and other content appearing in or on the Services (“Content”) are protected intellectual property of, or used with permission or under license by, Starbird. Such Content may be protected by copyright, trademark, patent, or other proprietary rights and laws. This includes the entire Content of each Site, copyrighted and protected as a collective work. All intellectual property rights associated with the Services, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title, or interest in any Content by accessing or using the Services. Any rights not expressly granted herein are reserved. Except as set forth below, the use of any Content available on the Services is strictly prohibited.
Subject to your compliance with this Agreement, we grant you a limited license to access and use the Services and their Content for personal and ordering purposes. No Content from the Services may be copied, reproduced, republished, performed, displayed, downloaded, posted, transmitted, or distributed in any way without written permission of the rights owner, except that you may download or print one copy of specific Content or software made available for your downloading or printing for your personal, non-commercial home use, subject to your compliance with this Agreement and retain the same solely for as long as you continue to be permitted to access the Services. To use Content under such an exception, you must (i) keep any copyright, trademark, or other proprietary notices intact; (ii) use such Content pursuant to any licenses associated with such Content; (iii) not copy or post such Content on any networked computer or broadcast it in any media; (iv) make no modifications to any such Content; and (v) make no additional representations or warranties relating to such Content. Except as otherwise expressly authorized herein or in writing by us, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Services or the Content.
While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules, and other laws. You may not use the Services for any fraudulent or unlawful purpose, and you may not take any action to interfere with the Services or any other party’s use of the Services. In addition, we expect users of the Services to respect the rights and dignity of others. For example, you may not do any of the following without our consent:
Linking: You are granted a limited, non-exclusive right to create text hyperlinks to the Services for informational purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking website or service does not contain any material that is unlawful, harmful, harassing, defamatory, threatening, intimidating, fraudulent, tortious, vulgar, obscene, hateful, pornographic, spam, discriminatory, violative of privacy or publicity rights, infringing of intellectual property or other proprietary rights, or otherwise objectionable in our sole discretion, including unauthorized or unsolicited advertising. Additionally, notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in a website’s root directory, we grant to the operators of public search engines permission to use spiders to copy Content from the Services for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such Content, but not caches or archives of such Content, or for any machine-learning or training data purposes. We may revoke these permissions at any time.
The Services may allow you to download certain Content, applications, software, and other information or materials. We make no representation that such download will be error or malware free or fit for a particular purpose. Certain downloads may be subject to a separate agreement either with us or a third party, for example an agreement with a mobile application store.
Some of the Services may be mobile or other applications that you can download to your phone, tablet, or other device (“Mobile App”) via a third-party service such as an application store. Your use of the third-party service may be subject to additional terms related to that service from the third-party service provider (“App Store Provider”). WE ARE NOT LIABLE IN ANY WAY FOR, AND MAKE NO REPRESENTATIONS OR WARRANTIES RELATING TO, ANY SUCH THIRD-PARTY SERVICE OR ANY CLAIM OR DAMAGE RESULTING FROM YOUR USE OF SUCH THIRD-PARTY SERVICE.
You acknowledge that this Agreement and your use of the Mobile App is between you and us only, and not with any App Store Provider or its affiliates or subsidiaries. As between us and an App Store Provider, we are solely responsible for the Mobile App and its Content. If anything in this Agreement conflicts with any usage rules for the Mobile App from an App Store Provider, such terms from the App Store Provider control (only so far as those terms conflict with this Agreement, and then exclusively for your use of the Mobile App). All rights you have to use the Mobile App are for use only on appropriate products (which may require branding from the App Store Provider or other entities) and are non-transferable, except that the Mobile App may be accessed and used by other accounts associated with you via features like Apple’s Family Sharing (or similar features from other App Store Providers) or volume purchasing. We are solely responsible for providing any maintenance and support services for the Mobile App, as specified in this Agreement, or as required under applicable law. No App Store Provider has any obligation whatsoever to furnish any maintenance and support services for the Mobile App, nor any warranties for the same.
WE DISCLAIM ALL WARRANTIES RELATED TO ANY MOBILE APP. However, in the event that the Mobile App fails to conform to any applicable warranty that we cannot disclaim according to applicable law, you may have the right to notify the App Store Provider, and the App Store Provider may refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NO APP STORE PROVIDER WILL HAVE ANY OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE MOBILE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY IS OUR RESPONSIBILITY.
We, not the App Store Provider, are responsible for addressing any claims relating to the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection, privacy, or similar legislation; and (iv) claims that the Mobile App infringes a third party’s intellectual property rights as well as the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
By using the Mobile App, you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that the App Store Provider, and its subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement and your use of the Mobile App, the App Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
BY PARTICIPATING IN A TEXT MESSAGE PROGRAM, YOU ARE AGREEING TO THE DISPUTES, ARBITRATION, AND CLASS ACTION WAIVER OF THIS AGREEMENT AS WELL AS THE REST OF THE TERMS HEREIN, INCLUDING THE LIMITATION OF LIABILITY.
We offer our customers mobile alerts regarding sales, promotional events, new releases, loyalty program alerts, cart reminders, and order and shipping alerts by SMS message (each a “Text Message Program”). By participating in a Text Message Program, you acknowledge your personal information is subject to our Privacy Notice.
Enrollment in a Text Message Program requires you to provide your mobile phone number and to agree to this Agreement. You may not enroll if you are under eighteen (18) years old (or the applicable age of majority in your home state) or if you do not agree to the terms of this Agreement. We reserve the right to stop offering a Text Message Program and/or terminate your participation in a Text Message Program at any time with or without notice.
By opting into a Text Message Program, you:
While you consent to receive messages sent using automated technology, this Agreement shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).
While you consent to receive messages sent using automated technology, this Agreement shall not be interpreted to suggest or imply that we send any or all of our text messages using an automatic telephone dialing system (or other automated technology, as defined under applicable laws).
You may opt out of receiving text messages from us at any time by texting “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” to any of the text messages you have received from us. For a Text Message Program operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a text request to clarify the Text Message Program to which it applies (if you have subscribed to more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP,” “END,” “UNSUBSCRIBE,” “CANCEL,” “QUIT,” or “PLEASE OPT ME OUT” keyword commands and agree that we and our service providers will have no liability for failing to honor such texts that do not contain such keyword commands. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from a Text Message Program list, may not be a reasonable means of opting out. If you unsubscribe from one of our Text Message Programs, you may continue to receive text messages from us through any other programs you have joined until you separately unsubscribe from those programs. This Agreement will still apply if you withdraw the consent mentioned above or opt out of a Text Message Program.
If you need assistance at any time, just text “HELP” to the number sending the text message you received.
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data, or other charges incurred (usage, subscription, etc.) as a result of using a Text Message Program.
Text Message Programs are offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage, or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with a Text Message Program.
Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. A Text Message Program may not be available on all wireless carriers. We may add or remove any wireless carrier from a Text Message Program at any time without notice. We and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
If you change, forfeit, or deactivate the phone number you provided to us for a Text Message Program, you agree to notify us immediately of such change or to unsubscribe from the Text Message Program prior to changing, forfeiting, or deactivating the phone number. Failure to do so constitutes a material breach of this Agreement. To notify us or find out more information on our text message marketing programs, Contact Us. Our Privacy Policy applies to text message marketing programs.
In general, you are not obligated to register for an account in order to access the Services. However, certain sections and features of some of the Services are available only to users (“Registered Users”) who have registered for an account (“Account”). We may reject, and you may not use, a user ID (or e-mail address) for any reason in our sole discretion. For example, we may reject a user ID (or e-mail address) (i) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that belongs to another person; (iv) that violates the intellectual property or other rights of any person; or (v) that is offensive. You may only have one active Account at any given time, and you may not allow other people to use your Account to access the Services or participate in the Loyalty Program.
If you maintain an Account, we expect you to accurately maintain and update any information about yourself that you have provided to us. You agree that you are responsible for all activities that occur under your Account, and for maintaining the confidentiality of your password and restricting access to your computer so others may not access the Services in violation of this Agreement. In addition, you agree to sign out from your Account at the end of each session if you are using a device that is shared with other people.Accounts that remain inactive for more than 6 months may be subject to automatic cancellation. Once your Account is cancelled (whether by you or us), you will no longer be able to access your account and you will lose all of your accumulated Rewards and Reward Progress, and you understand and acknowledge that we will have no further obligation to provide the Loyalty Program to you or access to any of your Account information. We will not be liable to you or to any third party for the suspension or termination of the Loyalty Program, your Account or your access to or use of the Starbird Services.
You agree to notify us of any unauthorized use of your Account username, log-in ID, password, or any other breach of security that you become aware of involving or relating to the Services by contacting us as soon as possible. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of the Services and your Account, including without limitation, terminating your Account, changing your password, or requesting information to authorize transactions on your Account. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
Any information, statements, opinions, or other information provided by third-parties and made available on the Services are those of the respective author(s) and not us. We do not guarantee the validity, accuracy, completeness or reliability of any opinion, advice, service, offer, statement, or other third-party content on the Services.
We may provide on the Services, solely as a convenience to users, links to websites, social media pages, mobile applications, or other services operated by other entities. If you click these links, you will leave the Services. If you decide to visit any external link, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites, services, or the information appearing thereon or any of the products or services described thereon. Links do not imply that we are legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links; or that any linked website or service is authorized to use any of our trademarks, logos, or copyright symbols.
We may maintain a presence on and link to social media websites, including Facebook, LinkedIn, Google Plus, X (formerly Twitter), YouTube, TikTok, Pinterest, and Instagram, and others (collectively, “Social Media Pages”), to provide a place for people to learn more about us and our products and to share experiences with our products. When you visit these Social Media Pages, you are no longer on the Services, but rather a website operated by a third party. All comments, visuals, and other materials posted by visitors to our Social Media Pages do not necessarily reflect our opinions, values, or ideas. All visitors to our Social Media Pages must comply with the respective social media platform’s terms of use.
YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES, APPLICATIONS, SERVICES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD-PARTIES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
We may revise or otherwise change or update this Agreement from time to time. We will use reasonable efforts to notify you of such changes. However, please check the “Last Updated” legend at the top of this page to see when this Agreement was last revised. When changes are made to this Agreement, they will become immediately effective when published on this page unless otherwise noted. We encourage you to periodically review this Agreement―there may have been changes to our policies that may affect you. If you do not agree to the Agreement as modified, then you must discontinue your use of the Services. Your continued use of the Services will signify your continued agreement to this Agreement as revised. We will make reasonable efforts to notify you of material changes to this Agreement. Such efforts might include posting notice on the Services, an email to the address we have on file, or a message in your Account.
This Agreement applies exclusively to your access to, and use of, the Services and Loyalty Program and does not alter in any way the terms or conditions of any other agreement you may have with us for products, services, programs or otherwise. Additional terms, conditions, and/or policies may apply to use of specific portions of the Services and to the purchase of certain merchandise or services and are included as part of this Agreement, whether they reference this Agreement or not.
Other types of agreements and policies that you may be subject to include, but are not limited to:
Other policies and agreements are typically found by navigating the Services, typically by checking website headers and footers and by reviewing hyperlinked terms at the point of sale.
Any sweepstakes, contests, coupons, rebates, or other promotions made available through the Services may be governed by specific rules that are separate from this Agreement. By participating in any such promotion, you will become subject to those rules, which may vary from the terms set forth herein and which, in addition to describing such promotion, may have eligibility requirements, such as certain age or geographic restrictions. It is your responsibility to read the applicable rules to determine whether your participation, registration, submission, and/or entry are valid; you agree to read and abide by the applicable rules.
We have also adopted a Privacy Notice that you should refer to in order to fully understand how we use and collect information. To learn about our privacy practices, please refer to our Privacy Notice.
Should we employ you, none of the materials provided on a Site constitute or should be considered part of an employment contract or an offer for employment.
The Services and this Agreement are in effect until terminated by you or us. We may terminate this Agreement by notifying you using any contact information we have about you or by posting such termination on the Services including in your Account. You may terminate this Agreement by providing written notice of termination, including your detailed contact information and any Account information or other Site credentials, to us using the information in the Contact Us section. In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of their features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. We may be protected for liability from these actions under the Communications Decency Act, 47 U.S.C. § 230.
The provisions of this Agreement concerning protection of intellectual property rights, authorized use, user submitted content, disclaimers, limitations of liability, indemnity, and disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.
Upon any such termination, (i) you must destroy all Content obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; (iii) we may delete or disable access to any of your User Content at any time; and (iv) we may delete your Account at any time. Termination of this Agreement will end your participation in the Loyalty Program and forfeit any benefits you have accrued thereunder. You agree that if your use of the Services is terminated pursuant to this Agreement, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of the Services after termination will be a violation of this Section, which survives any termination.
Even after the termination of this Agreement, your Account, access to the Services, or any User Content you have posted or submitted may remain on the Services indefinitely.
The Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE THE SERVICES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish an Account, and you should use the Services only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain Services or sections of the Services, as well as promotions, programs, and commerce we may offer on the Services, may be explicitly limited to people over the age of majority. If you are not old enough to access the Services or certain sections or features of the Services, you should not attempt to do so.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF THE CONTENT AVAILABLE ON THE SERVICES OR ANY OTHER SITES LINKED TO OR FROM THE SERVICES. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY OR RELIABILITY OF THE LOYALTY PROGRAM. DOWNLOADING OR OTHERWISE OBTAINING ANY CONTENT THROUGH THE SERVICES IS DONE AT YOUR OWN RISK. THE SERVICES AND CONTENT ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
WE AND OUR AFFILIATES, SUBSIDIARIES, DIVISIONS AND RELATED COMPANIES AS WELL AS OUR AGENTS, SUPPLIERS, SERVICE PROVIDERS, AND RETAILERS (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OR THE INABILITY TO USE THE SERVICES OR LOYALTY PROGRAM, CONTENT OR EXTERNAL LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR FAILURE.
RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF DATA OR PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RELEASEES ALSO SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD-PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS SENTENCES, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD-PARTY IS LIMITED TO THE GREATER OF THE ACTUAL TOTAL AMOUNT RECEIVED BY US FROM YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR THE LOWEST LIABILITY LIMITATION ALLOWED BY APPLICABLE LAW.
REGARDING THE LOYALTY PROGRAM, IF YOU PROVE THAT STARBIRD HAS IMPROPERLY DENIED YOU ANY REWARD (“REWARD DISPUTE”) AND STARBIRD PROVIDES YOU WITH SUCH REWARD OR A COMPARABLE SUBSTITUTE, THEN SUCH REWARD BE YOUR SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH THE REWARD DISPUTE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STARBIRD OR OUR SERVICE PROVIDERS (INCLUDING OUR LOYALTY PROVIDER, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE LOYALTY PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STARBIRD AND OUR SERVICE PROVIDERS (INCLUDING OUR LOYALTY PROVIDER, PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Release Related to Loyalty Program: You hereby release us, our affiliates, and our officers, directors, employees, agents, successors, assigns, and service providers (including AXP and any other payment card networks (“Crediting Service Providers”) and our Loyalty Provider) from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes or your use of the Loyalty Program through the Starbird Services. Our Crediting Service Providers provide certain crediting services to our Loyalty Provider and may be third party beneficiaries of the foregoing release.
You agree to indemnify, defend, and hold us and the Releasees and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs (including without limitation reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of this Agreement; (ii) your activities in connection with the Services; or (iii) User Content or other information you provide to us through the Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Loyalty Program: You agree to indemnify, defend and hold Starbird, its licensors, its current or future affiliated companies, its service providers (including payment card networks, payment processors) and our Loyalty Provider, its licensors, and any of its current or future affiliated companies and its service providers (including payment card networks and payment processors) and each of their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages and costs, including, but not limited to, reasonable attorneys' fees, resulting from (1) any violation or breach of the above Loyalty Program section by you, (2) any activity related to access to or use of your Account by you or any other person accessing or using your account, or (3) any activity related to your redemption of Rewards or Opportunities and participation in the Loyalty Program.
When you use the Services or send communications to us through the Services, you are communicating with us electronically. You consent to receive electronically any communications related to your use of the Services. We may communicate with you by email or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. Please note that by creating an Account, registering for a Reward Program, or otherwise providing us with your email address, postal address or phone number, you are agreeing that we or our agents may contact you at that address or number in a manner consistent with our Privacy Notice.
If any provision of this Agreement is held to be invalid or unenforceable, it shall be replaced in interpretation by a valid and enforceable term that most closely aligns with the intent of the original provision. If that is not possible, the provision shall be removed, and the rest of the Agreement will be enforceable.
We may assign this Agreement at any time with or without notice to you. You may not assign or sublicense this Agreement or any of your rights or obligations under this Agreement without our prior written consent.
Products or services provided under this Agreement are designed and intended for use by non-government entities and individuals. Use by or on behalf of a Government End User as defined under 15 C.F.R § 772.1 is strictly prohibited and requires prior written authorization from us. If authorization is granted by us, the authorized Government End User must abide by applicable regulations, including but not limited to regulations in 48 C.F.R Chapter 1 and 41 C.F.R §§ 60-1.4(a), 60-300.5(a), and 60-741.5(a).
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. YOU MAY CHOOSE TO BE REPRESENTED BY A LAWYER IN ARBITRATION OR PROCEED WITHOUT ONE. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IF, HOWEVER, EITHER THE CLASS ACTION WAIVER OR COORDINATED CLAIMS PROVISION BELOW ARE FOUND INVALID, THEN THE SPECIFIC INVALID PROVISION WILL BE UNENFORCEABLE AND WILL BE SEVERED AND THE REMAINDER OF THE ARBITRATION PROVISIONS WILL REMAIN IN FULL FORCE.
You and we agree that any dispute, claim or controversy, including those known or unknown that may be later discovered, arising out of or relating to any aspect of our relationship, including, without limitation, your use or attempted use of the Services, all matters relating to or arising from this Agreement, our Privacy Notice, or any other agreements between you and Starbird, including, the validity and enforceability of this agreement to arbitrate (each, a “Dispute”), shall be resolved by binding arbitration in San Francisco, California before one arbitrator, unless an exception applies as stated below. If the arbitrator finds this location to be unreasonably burdensome to you, a new location may be selected or arbitration may be conducted over the phone, using video conferencing, or similar. You may be entitled to an in-person hearing near your place of residence. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (collectively, the “JAMS Rules”), as those Rules exist on the effective date of this Agreement, including without limitation Rules 16.1 and 16.2 of the JAMS Rules. Judgment on any award may be entered in any court of competent jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
For residents outside the United States, arbitration shall be initiated in San Francisco, California, and you and Starbird agree to submit to the personal jurisdiction of any federal or state court in San Francisco, California, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Arbitration hearings may be conducted by videoconference unless the arbitrator believes an in-person hearing is necessary. In such instances, the location of an arbitration hearing will be decided pursuant to the JAMS Rules.
The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law. The decision of the arbitrator shall be final and binding on you and Starbird, and any award of the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, piracy, moral rights violations, trademark infringement, and/or trade secret misappropriation. Excluded claims are subject to the governing law provision below. Either party may also seek relief in a small claims court for any individual disputes or claims within the scope of that court's jurisdiction. If an arbitration is filed, before the arbitrator is formally appointed, either party can send written notice to the opposing party and the applicable arbitration provider that it wants the case decided by a small claims court, after which the arbitration provider may close the case.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AND WE FURTHER AGREE THAT ANY CLAIMS OR ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS AS SET FORTH BELOW, THIS CLASS ACTION WAIVER STILL APPLIES. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, including but not limited to requests for public injunctive relief.
Starbird’s customer support department is available at https://www.starbirdchicken.com/contact to address any concerns you may have regarding the Services. Most concerns are quickly resolved in this manner to our customers' satisfaction. In an effort to accelerate resolution and reduce the cost of any Dispute between us, you and Starbird agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before either party initiates any arbitration or court proceeding (the “Initial Dispute Resolution Period”). That period begins upon receipt of written notice from the party raising the Dispute. If Starbird has a Dispute with you, it will send notice of that Dispute to your billing address and/or email address you have provided to us. If you have a Dispute with Starbird, you must notify us in writing at the following email address: [email protected], using the subject line “Initial Dispute Resolution Notice.” Your notice of Dispute must be individual to you and must include, as applicable, your name, the email address associated with your use of the Services, and your residential address. The notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, and tell Starbird what you want us to do to resolve the problem. A notice of Dispute will not be valid, will not start the Initial Dispute Resolution Period, and will not allow you or Starbird later to initiate a lawsuit or arbitration, unless it contains all of the information required by this paragraph. The Initial Dispute Resolution Period must include a conference between you and us to attempt to informally resolve any Dispute in good faith. You and Starbird will personally appear at the conference telephonically or via videoconference; if you or Starbird are represented by counsel, counsel may participate in the conference, but you and Starbird will also participate in the conference. The conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple parties in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same conference unless all parties agree. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations, and you agree that a notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, are mandatory preconditions to either party initiating a lawsuit or arbitration. If either party violates this Initial Dispute Resolution Period paragraph, the arbitration provider shall neither accept nor administer any such arbitration nor assess fees in connection with such arbitration. If either party commences an arbitration without having previously provided a valid and compliant notice of Dispute, you and Starbird agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration until the party that initiated it complies with the Initial Dispute Resolution Period. You and Starbird authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with the Initial Dispute Resolution Period requirement, relying solely on this Agreement and the notice of Dispute (if any) that you or Starbird provided before commencing arbitration
If you are required to pay a filing fee, after we receive Notice that you have commenced arbitration, we will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000 or the arbitrator determines the claims are frivolous, in which event you will be responsible for filing fees. Hearing
If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing as established by the JAMS Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the JAMS Rules. In the event the arbitration will be conducted solely on the basis of submitted documents, the arbitrator’s decision and award will be made and delivered within six (6) months of the selection of the arbitrator, unless extended by the arbitrator. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.
In the event arbitration awards you damages of an amount at least US $100 greater than our last documented settlement offer, we will pay your awarded damages or US $2,500, whichever is greater.
Notwithstanding the foregoing, you and we both agree that you or we may sue in court to enjoin infringement or other misuse of intellectual property rights or in other scenarios where injunctive relief is appropriate. In the event a court or arbitrator having jurisdiction finds any portion of this Agreement unenforceable, that portion shall not be effective, and the remainder of the Agreement shall remain effective. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and we shall maintain the confidential nature of the arbitration proceeding and the Award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
Notwithstanding the parties’ decision to have arbitrations administered by JAMS, if 10 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that this will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall be governed by the version of the JAMS Mass Arbitration Procedures and Guidelines in effect when the Mass Arbitration is filed (the “JAMS Procedures”). The JAMS Procedures are available at https://www.jamsadr.com/mass-arbitration-procedures.
Notwithstanding anything to the contrary above, you and Starbird agree that if either party fails or refuses to commence the Mass Arbitration according to the JAMS Procedures, you or Starbird may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration in accordance with the JAMS Procedures. Pending resolution of any such requests to a court, you and Starbird agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and Starbird acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and Starbird agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court. If for any reason the provisions in this Section only are found to be unenforceable, or if for any reason Starbird declines to administer the Mass Arbitration, then the Disputes comprising the Mass Arbitration shall be administered by JAMS consistent with the provisions of Section of this Agreement.
This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules. You and we acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect, or consequential damages, including damages for lost profits.
You have the right to opt-out and not be bound by the arbitration agreement and class action waiver provisions in this Agreement by sending written notice of your decision to opt-out to the following web address: https://www.starbirdchicken.com/contact. The notice must be sent within 30 days of the date on which you first assent to the Agreement by accessing and using the Services; otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Agreement. If you opt out of these arbitration provisions, Starbird also will not be bound by them. Note, however, if you opt out of these arbitration provisions, the class action waiver still applies.
If the clauses concerning and describing the procedures and obligations related to Mass Arbitration procedures are or become invalid or unenforceable, then the remaining entire arbitration agreement and any clauses concerning, relating to, specifying, or otherwise describing the arbitration agreement shall be severed from this Agreement. However, any duty of confidentiality whether or not such duty is connected with arbitration shall survive such severance.
If you reside in the United States, for any claims not subject to binding individual arbitration, and which cannot be brought in small claims court in the county in which you reside as set forth above, you and Starbird agree to submit to the exclusive jurisdiction of the state and federal courts in California, and you and Starbird consent to venue in and personal jurisdiction before such courts (but without prejudicing either party’s rights to remove a case to federal court if permissible). Claims excluded from arbitration are subject to the venue clauses set forth in this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
If you are a California resident, you will not be required to pay the fees and costs incurred by the opposing party if you do not prevail.
If you are a consumer residing in New Jersey, the following provisions of this Agreement do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (i) Disclaimer of Warranty; (ii) Limitation of Liability; (iii) Indemnity; and (iv) under the Disputes, Arbitration, and Class Action Waiver section and the governing law provisions (solely to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law). According to N.J.S.A. 56:12-16, you may have additional rights if you are a New Jersey resident and other provisions of this Agreement are found to violate an established legal right.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered and expressly forgo and waive all protections as by California Civil Code Section 1542, which states, “[a] general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” By using this Site, you agree that these California Civil Code Section 1542 protections no longer apply to you.
If you have questions about this Agreement, or if you have technical questions about the operation of the Services, please contact us through this online form or by writing us at 75 Oak Grove Street, San Francisco, CA, 94107. If you have any questions or comments about Starbird or our products or have other customer service needs, please click here for information on contacting our customer service representatives.
