This Agreement governs your use of the Club Bread Rewards Card.
Part One of this Agreement describes general terms and conditions that apply generally to your Club Bread Rewards Card.
Part Two of this Agreement describes additional terms and conditions that apply to the Stored Value Account of your Club Bread Rewards Card.
Part Three of this Agreement describes additional terms and conditions that apply to the Loyalty Rewards Program of your Club Bread Rewards Card.
Part Four of this Agreement contains additional legal terms that apply to the Club Bread Rewards Card, including information regarding Bread & Company’s Privacy Statement and our right to terminate or make changes to this Agreement and the Club Bread Rewards Card.
PART ONE: Club Bread Rewards Card – General Terms and Conditions
Stored Value Account and Loyalty Rewards Program.
The Club Bread Rewards Card replaces our any “Frequency Punch Card" program, which expired on July 3, 2008. The Club Bread Rewards Card has two features. It can be used as a stored value (gift card/pre-paid) account (“Stored Value Account”) and it can be used to earn frequency rewards (“Loyalty Rewards Program”).
Use of Club Bread Rewards Card.
Your use of the Club Bread Rewards Card is expressly conditioned upon your compliance with this Agreement. By using the Club Bread Rewards Card, you agree that you have read and understand and agree to be bound by this Agreement, including the Privacy Statement, and to comply with all applicable U. S. laws and regulations. If you do not or cannot agree to this Agreement, please do not use the Club Bread Rewards Card. Participation rules are void to the extent where prohibited by law. Taxes may apply where required by law. Use of your Club Bread Rewards Card is subject to present and future program rules.
Registering your Club Bread Rewards Card.
To register your Club Bread Rewards Card, please visit our website at www.breadandcompany.com and complete the registration process. Please update your registration information immediately if you change any of your registration information. If your card is lost, stolen or damaged, it can be replaced with any remaining balance on your Stored Value Account and/or earned rewards on your Loyalty Rewards Program only if your Club Bread Rewards Card has been registered, as described in Part Two and Part Three below. You must register your Club Bread Rewards Card online to redeem frequency rewards.
Participating Bread & Company Locations.
All Bread & Company locations accept the Club Bread Rewards Card. If a particular Bread & Company location is not accepting the Club Bread Rewards Card, it will be indicated in that location where appropriate as well on our website. We reserve the right not to accept any Club Bread Rewards Card or otherwise limit use of a Club Bread Rewards Card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
Billing Errors; Corrections.
We reserve the right to correct the balance of our Club Bread Rewards Card Stored Value Account or Loyalty Rewards Program if we believe that a clerical, billing or accounting error occurred. If you have any questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Club Bread Rewards Card, please send us a “comments” email from our website at www.breadandcompany.com. We will conduct an investigation, communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you can provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.
PART TWO: Club Bread Rewards Card Stored Value Account
About the Club Bread Rewards Card Stored Value Account.
The Club Bread Rewards Card allows you to load a dollar value onto your Club Bread Rewards Card for future purchases at all Bread & Company locations. The dollar value that you load onto your Club Bread Rewards Card is a pre-payment only for the purchase of goods and services at all Bread & Company locations. This is not a credit card or bank card and there is no credit line, overdraft protection or deposit account associated with a Club Bread Rewards Card. Unless otherwise required by law or permitted by this Agreement, any amount on your Club Bread Rewards Card is non-refundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Club Bread Rewards Card will accrue or be paid or credited to you by Bread & Company. The value associated with the Club Bread Rewards Card is not insured by the Federal Deposit Insurance Corporation (FDIC).
Loading Value on Your Club Bread Rewards Card.
You can load a dollar value on the Club Bread Rewards Card by using a credit card, debit card or cash by visiting any participating Bread & Company location or by going online to www.breadandcompany.com using a credit card or debit card. Currently, there is no limitations to the maximum amount you can add to your Club Bread Rewards Card. The minimum amount that must be loaded to your Club Bread Rewards Card is $5.00. We may change the maximum and minimum amounts at any time by notifying you at the point of sale, by telephone when you call, or on the Bread & Company website, and such change shall constitute an amendment to this Agreement. All amounts loaded onto your Club Bread Rewards Card are held and denominated in U. S. currency. Transactions that occur on our website are denominated in U.S. dollars.
Receipts and Statements for Club Bread Rewards Card Stored Value Account.
Cardholders are not sent statements of itemized transactions for their Club Bread Rewards Card Stored Value Account. You can check the balance of your Club Bread Rewards Card Stored Value Account or review recent transactions on your Club Bread Rewards Card Stored Value Account at our website at www.breadandcompany.com. The account balance for a Club Bread Rewards Card Stored Value Account will also appear on your register receipt from a point-of-sale register. When you use your Club Bread Rewards Card, you will receive a receipt but you will not be asked to sign the receipt. The register receipt will indicate that the purchase was made using a Club Bread Rewards Card and will provide the remaining balance of your Club Bread Rewards Card Stored Value Account. You should keep your receipts and check your online statement to ensure that your account balance is correct.
Liability for Unauthorized Transactions; Replacing your Club Bread Rewards Card Stored Value Account.
Your Club Bread Rewards Card Stored Value Account is used like cash for purchases from Bread & Company, and you are responsible for all transactions associated with your Club Bread Rewards Card, including unauthorized transactions. If your Club Bread Rewards Card is lost, stolen, or destroyed, the Club Bread Rewards Card can be replaced with the balance remaining on it at the time you notify us that the card has been lost, stolen, or destroyed, but only if you have previously registered your Club Bread Rewards Card with us. If you change any of your registration information, please login to your account at www.breadandcompany.com and update it immediately. If your Club Bread Rewards Card becomes lost, stolen or damaged, you should contact us immediately by sending us a “comments” email from our website at www.breadandcompany.com. Your Club Bread Rewards Card balance is only protected from the point in time you notify us that your Club Bread Rewards Card is missing. We will freeze the remaining balance on your Club Bread Rewards Card at the time you notify us and will load that remaining balance on a replacement Club Bread Rewards Card and mail it to you.
PART THREE: Club Bread Rewards Card Loyalty Rewards Program
About your Club Bread Rewards Card Loyalty Rewards Program.
The Club Bread Rewards Card allows you to earn rewards for your frequent purchases of products at all Bread & Company locations:
• 10 points for every dollar you spend (pre-tax) on all café and catering menu items and company merchandise, including gifts.
• 50 points for every visit/transaction (transaction bonuses are limited to a maximum of two per day (100 points) and no more than one transaction (50 points) in any 60 minute period.)
Receipts and Statements for your Club Bread Rewards Card Loyalty Rewards Program.
Cardholders are not sent statements of itemized transactions from the Club Bread Rewards Card Loyalty Rewards Program. You can check the balance of your Club Bread Rewards Card Loyalty Rewards Program rewards or review recent transactions on your Club Bread Rewards Card Loyalty Rewards Program at our website at www.breadandcompany.com. The rewards balance for a Club Bread Rewards Card Loyalty Rewards Program will also appear on your register receipt from a point-of-sale register. When you use your Club Bread Rewards Card, you will receive a receipt but you will not be asked to sign the receipt. The register receipt will indicate any earned rewards or rewards used in the purchase and the rewards balance for your Club Bread Rewards Card Loyalty Rewards Program. You should keep your receipts and check your online statement to ensure that your rewards balance is correct.
Lost, Stolen or Damaged Cards.
If your Club Bread Rewards Card is lost, stolen, or destroyed, the Club Bread Rewards Card can be replaced with the rewards balance remaining at the time you notify us that the card has been lost, stolen, or destroyed, but only if you have previously registered your Club Bread Rewards Card with us. To register your Club Bread Rewards Card, please visit our website at www.breadandcompany.com. If you change any of your registration information, please login to your account at www.breadandcompany.com and update it immediately. If your Club Bread Rewards Card becomes lost, stolen or damaged, you should contact us immediately by sending us a “comments” email from our website at www.breadandcompany.com. Your Club Bread Rewards Card balance is only protected from the point in time you notify us that your Club Bread Rewards Card is missing. We will freeze the rewards balance on your Club Bread Rewards Card at the time you notify us by “comments” email. On our next visit to a Bread & Company location, you can pick up a new Club Bread Rewards Card with your purchase and have the register operator activate your new Club Bread Rewards Card through the register. Register your new Club Bread Rewards Card online at our website at www.breadandcompany.com. After registering your new Club Bread Rewards Card, send us another “comments” email instructing us to transfer the rewards balance from the old card to your new Club Bread Rewards Card, and we will transfer the rewards balance to your new Club Bread Rewards Card.
Frequency Rewards Not Transferable.
Your frequency rewards are non transferable and rewards may not be combined among Club Bread Rewards Card users or conveyed by any means to any other person.
Employee Participation.
Employees of Bread & Company are eligible to participate in the Club Bread Rewards Program but are not eligible to earn points when using “V.I.P.” Cards.
PART FOUR: Important Legal Terms
Use of Personal Information.
Bread & Company reserves the right to reassign points and/or to withhold rewards at it’s sole discretion in order to ensure the spirit of the program is upheld. Additionally, Bread & Company will neither confirm nor verify the existence of an individual account. Further, Bread & Company will not provide an individual’s account or reward information to any person (other than the account holder) or entity unless required to do so by a court of law.
If you have any questions about the use of your personal information, you can send us a “comments” email from our website at www.breadandcompany.com.
Changes to this Agreement.
You acknowledge and agree that we may update, revise, supplement and otherwise modify the terms of this Agreement and impose new or additional terms and conditions on your use of the Club Bread Rewards Card, at any time and from time to time. As permitted by applicable law, such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions will be effective immediately when posted on this website or as stated in any notice to you. Unless we state otherwise, the updates, revisions, supplements, or modifications will apply to your future and existing Club Bread Rewards Card. If we change this Agreement, we will post a new statement on our website at www.breadandcompany.com. By continuing to use the Club Bread Rewards Card, you agree to be bound by the revised Agreement.
Termination.
We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your violation of any of the terms and conditions of this Agreement or your fraudulent or unauthorized use of the Club Bread Rewards Card. If we terminate this Agreement and your use of the Stored Value Account of your Club Bread Rewards Card without cause, we will refund or issue restaurant credits equal to the balance held in the Stored Value Account of your Club Bread Rewards Card less any amounts that you may owe us. In the event this Agreement is terminated, this Part Four shall survive in accordance with its terms.
Governing Law.
This Agreement and any action relating to this Agreement or the Club Bread Rewards Card will be interpreted and governed by the laws of the State of Tennessee without regard to its conflicts of law principles.
Arbitration Rights.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement and/or your use of the Club Bread Rewards Card. Any dispute or claim made by you against us or any of our affiliates arising out of or relating to this Agreement or your use of the Club Bread Rewards Card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that (a) you may take claims to small claims court if they qualify for hearing by such court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class action basis.
Arbitration Procedures.
You must first present any claim or dispute to us by contacting us to allow us an opportunity to resolve the claim or dispute. If the claim or dispute is not resolve within 60 days after you contact us, you may request arbitration. The arbitration of any claim or dispute shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration shall be conducted in Nashville, TN, and will be conducted in English. An arbitrator may not award relief in excess of or contrary to the limits set forth in this Agreement, or award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the Commercial Arbitration Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the Commercial Arbitration Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. To the fullest extent permitted by applicable law, no arbitration under or relating to this Agreement or your use of the Club Bread Rewards Card shall be joined to an arbitration involving any other party subject to this Agreement or using the Club Bread Rewards Card, whether through class arbitration proceedings or otherwise.
If any portion of this arbitration provision is determined by a court of competent jurisdiction to be inapplicable or invalid, the remainder of this provision shall be given full force and effect.
Costs of Arbitration.
All administrative fees and expenses of arbitration will be divided equally between you and us. In al arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.
Waiver of Punitive Damage Claims and Class Actions.
By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
Disclaimers and Limits of Liability.
BREAD & COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE CLUB BREAD REWARDS CARD, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BREAD & COMPANY DOES NOT REPRESENT OR WARRANT THAT YOUR CLUB BREAD REWARDS CARD WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. IN THE EVENT THAT BREAD & COMPANY IS FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES, AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR CLUB BREAD REWARDS CARD. BREAD & COMPANY SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, IWTHOUT LIMITATION, LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR USE OF YOUR CLUB BREAD REWARDS CARD, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF A CLUB BREAD REWARDS CARD THROUGH ACCIDENT, MISUE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTIG FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.
The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.
Assignment.
We may assign all or any part of this Agreement, without such assignment being considered a change in the Agreement, and without notice to you. We are then released from all liability. Our assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this Agreement.
Entire Agreement; Construction.
This Agreement is the complete and exclusive statement of agreement between you and Bread & Company, and supersedes and merges all prior proposals and all other agreements, whether oral or written. If any provision, or any portion of any provision, of this Agreement, shall be determined to be illegal or unenforceable in whole or in part, such provision (or portion of such provision) shall, as to such jurisdiction, be ineffective to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable to the maximum extent permitted by law.
Inquiries or Questions.
If you have any questions regarding this Agreement or your Club Bread Rewards Card, or the Stored Value Account or Loyalty Rewards Program of your Club Bread Rewards Card, please visit our website at www.breadandcompany.com and send us a “comments” email, or write to us at Bread & Company Corporate, 2209 Crestmoor Road, Suite 210, Nashville, TN 37215, Attention: Customer Service Department.
