Rhino Rewards Terms of Use: Effective date: August 1, 2023

PLEASE READ THESE TERMS OF USE CAREFULLY.  BY ACCESSING OR PARTICIPATING IN THE RHINO REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON WHITE RHINO COFFEE, LLC’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS.  BY PARTICIPATING IN THE RHINO REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR PARTICIPATE IN THE WHITE RHINO REWARDS PROGRAM.

These Terms of Use include an arbitration provision that governs any disputes between you and White Rhino Coffee, LLC, including all of its respective subsidiaries, licensees, and affiliated companies (collectively ‚ÄúWhite Rhino Coffee LLC‚ÄĚ)¬†¬†Unless you opt-out as described in the arbitration provision below, this provision will:¬†

- Eliminate your right to a trial by jury;

- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.

These Terms of Use apply to your access to, and participation in, the Rhino Rewards program in the United States (‚ÄúRhino Rewards‚ÄĚ or ‚ÄúProgram‚ÄĚ), which is operated by White Rhino Coffee, L.L.C. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with White Rhino Coffee, LLC for other products or services.¬†¬†White Rhino Coffee, LLC reserves the right to change or modify these Terms of Use of any policy, FAQ, or guideline pertaining to Rhino Rewards, in whole or in part, at any time and at its sole discretion.¬†¬†Any changes or modifications will be effective upon posting the revisions to¬†www.whiterhinocoffee.com, and you waive any right you may have to receive specific notice of such changes or modifications.¬†¬†Your continued access to or participation in Rhino Rewards following any such changes or modifications confirms your acceptance of these Terms of Use and such changes or modifications; therefore, you should review these Terms of Use and policies, FAQs and guidelines pertaining to Rhino Rewards frequently to understand the terms and conditions that apply to your access to and participation in Rhino Rewards.¬†¬†If you do not agree to these Terms of Use, you must stop accessing and participating in Rhino Rewards.

Rhino Rewards is intended for personal use only. Commercial use is strictly prohibited.  Any information about you collected by White Rhino Coffee, LLC through your participation in the Program shall be subject to our Privacy Policy and General Terms and Conditions.  The Privacy Policy provides more information on how White Rhino Coffee, LLC collects, uses, and shares your personal information.  Please note that the Program is not directed to children under the age of 13, and you understand that if you are between the ages of 13 and 18, you may access and participate in Rhino Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

About Rhino Rewards

Rhino Rewards is one way in which White Rhino Coffee, LLC endeavors to reward and thank loyal customers for patronizing our business and purchasing White Rhino Coffee products.¬†¬†Rhino Rewards members are able to earn and accumulate ‚ÄúPoints‚ÄĚ that can be redeemed for Rhino Rewards benefits (‚ÄúRewards‚ÄĚ) at participating White Rhino Coffee shops and are eligible to receive certain additional benefits.¬†White Rhino Coffee licensed shops do not have the ability to award or redeem points and do not participate in the Rhino Rewards program.

Joining Rhino Rewards

To be eligible to join Rhino Rewards in accordance with these Terms of Use, you must register for the program and provide the following: first name, last name, a valid email address, a valid phone number, a password, date of birth, payment information, and/or marketing preferences.  All enrollment information provided must be truthful, accurate, and complete.  White Rhino Coffee, LLC reserves the right to block enrollment and/or cancel certain Rewards should you provide inaccurate information.  

There are two ways you can join Rhino Rewards and start accumulating points:

1. Download the White Rhino Coffee mobile app to your Android‚ĄĘ or iPhone¬© device. Follow the prompts to create an account.

2. Visit https://whiterhinocoffee.com/pages/rhino-rewards,and scan the QR code to sign up.

Earning Points

You can earn Points by making purchases at White Rhino Coffee shops or through the White Rhino Coffee App.

You will earn Points based on the value of your qualifying purchase of White Rhino Coffee products at the rate of two (2) points per one dollar ($1.00) you spend at participating White Rhino Coffee shops.

Promotional Bonus Points Offers.¬†¬†From time to time, we, or others acting with our permission, may offer you special promotions that offer you additional ‚ÄúBonus Points‚ÄĚ.¬†¬†The promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer.

To earn points for purchases made in White Rhino Coffee shops, you must scan your app QR code prior to completion of your purchase.  Failure to scan the app QR will result in points not being awarded to your account.

When you use your app to make a purchase, points will automatically be added to your account. 

Exclusions to Earning Points

You may not earn points on taxes, tips, donations, fees (including delivery fees by White Rhino Coffee, LLC or third-party order applications), orders from third-party order applications, or on the purchase of gift cards (points on gift cards will be earned by the person using the gift cards).  In addition, White Rhino Coffee reserves the right to remove points from any purchase that has been refunded or returns, including, but not limited to the return of merchandise and packaged coffee.

Point Expiration

Points accrued in your Rhino Rewards account expire one (1) year after the calendar month in which such Points were earned. For example, if you earn Points on May 7, 2020, they will expire on May 7, 2021.  The oldest accrued Points will be used first for redemptions.  You can view and track your Points balance and available Rewards, as well as any additional benefits for which you are eligible as a Rhino Rewards member at www.whiterhinocoffee.com or by using the White Rhino mobile app.

Ineligible Accounts

Without notice to you, White Rhino Coffee also reserves the right to ‚Äúunregister‚ÄĚ and make ineligible for Rhino Rewards any account that has been inactive for one (1) year period.¬†¬†In the event that your Rhino Rewards account is unregistered or rendered inactive, all accrued Points in your Rhino Rewards account are void.¬†

Point Redemptions

Points may only be redeemed at participating White Rhino Coffee shops and when ordering directly from whiterhinocoffee.com or through the White Rhino Coffee app. 

Points are ineligible to be redeemed for the following: catering items and items that are designated as not eligible for Points as displayed in White Rhino marketing and advertising. 

Other Important Information You Should Know

There are no participation or membership fees associated with the Rhino Rewards program.  Points accrued in connection with Rhino Rewards are promotional, have no cash value and cannot be redeemed for cash.  In addition, your redemption of Points accrued in connection with Rhino Rewards cannot be combined with any other offers or discounts that are applicable to the Rewards for which you are redeeming such Points, unless otherwise expressly indicated by White Rhino Coffee.

Your Points, Rewards, and your Rhino Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose.  You may have only one (1) Rhino Rewards account that is personal to you.

Without notice to you, White Rhino Coffee reserves the right to suspend any Rhino Rewards account and/or terminate your Rhino Rewards account and/or your participation in Rhino Rewards if White Rhino Coffee determines, in its sole discretion, that you have violated these Terms of Use or that the use of your Rhino Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. White Rhino Coffee may, in its sole discretion, suspend, cancel or combine Rhino Rewards accounts that appear to be duplicative.  In the event that your participation in Rhino Rewards is terminated, all accrued Points in your Rhino Rewards account are void.

White Rhino Coffee reserves the right to change, modify, discontinue or cancel Rhino Rewards or any part of Rhino Rewards, at any time and in its sole discretion, without notice to you.

Disclaimers

RHINO REWARDS IS PROVIDED ‚ÄúAS IS‚ÄĚ AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.¬†¬†TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WHITE RHINO COFFEE, LLC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.¬†WHITE RHINO COFFEE, LLC DOES NOT WARRANT THAT THE FUNCTIONS INCLUDED IN THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION (INCLUDING PERSONAL INFORMATION AND PAYMENT CARD INFORMATION) YOU SUBMIT WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THE PROGRAM IS SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.¬†¬†WHITE RHINO COFFEE, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE PROGRAM IN TERMS OF ITS CORRECNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE.¬†¬†YOU (AND NOT WHITE RHINO COFFEE, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR MEMBERSHIP AND AGREE THAT YOUR SOLE REMEDY AGAINST WHITE RHINO COFFEE, LLC FOR ANY PROBLEMS WITH THE PROGRAM IS TO DISCONTINUE YOUR MEMBERSHIP.¬†¬†THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

NEITHER WHITE RHINO COFFEE, LLC NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE PROGRAM OR ANY OF THE REWARDS OR BENEFITS ASSOCIATED WITH THE PROGRAM INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT NEITHER WHITE RHINO COFFEE NOR ITS PARENTS SUBSIDIARIES, AFFLILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY: (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF THIRD PARTY LINKS ON THE SITE OR USE OF ANY REWARD OR BENEFIT OF THE PROGRAM; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

NEITHER WHITE RHINO COFFEE, LLC NOR ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PROGRAMS RELATED TO THE PROGRAM OR AND YOUR PARTICIPATION THEREIN, WHETHER IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGAE LIABILITY FOR SUCH CLAIMS EXCEED ONE HUNDRED DOLLARS ($100.00).

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, YOUR PARTICIPATION IN THE PROGRAM, USE OF ANY REWARDS OR OTHER BENEFIT OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.  IF YOU ARE DISSATISFIED WITH THE PROGRAM, TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM IS YOUR SOLE REMEDY, WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU

Arbitration

Please read this ‚ÄúArbitration‚ÄĚ section carefully.¬†¬†It affects rights that you may otherwise have.¬†¬†It provides for resolution of most disputes through arbitration through arbitration instead of through court trials and class actions.¬†¬†Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited.¬†Arbitration is final and binding and subject to only very limited reviewed by a court.¬†¬†This arbitration clause shall survive termination of these Terms of use.¬†

Binding Arbitration.  This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms of use, your access to or participation in Rhino Rewards, the Rhino Rewards Card registered to your Rhino Reward account, or your relationship with us.  Any dispute or claim arising out of or relating to these Terms of Use, your access to or participation in Rhino Rewards, or your relationship with White Rhino Coffee or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.

Opt-Out.¬†¬†Notwithstanding the above, you may choose to pursue your claim in court and not be arbitration if you opt out of this arbitration provision within 30 days from the date you registered for a Rhino Rewards account or the date on which you agreed to the Rhino Rewards Card terms and Conditions in connection with your purchase, loading, reloading or use of any Rhino Rewards Cards, whichever date occurs earlier (the ‚ÄúOpt-Out Deadline‚ÄĚ).¬†¬†You may opt out of these arbitration procedures by sending us a written notice that you opt out at the following Address: White Rhino Coffee Team, The Parvin Group, 500 N. Akard Street, Suite 3000, Dallas, Texas 75201.¬†¬†Any opt out received after the Opt-Out Deadline (allowing three (3) additional days for mailing) will not be valid, and you must pursue your claim in arbitration or small claims court.

Arbitration Procedures.  For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service Department to allow us an opportunity to resolve the dispute.  You and we each agree to negotiate your claim in good faith.  You may request arbitration if your claim or dispute cannot be resolved within 60 days.

The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (‚ÄúAAA‚ÄĚ), including the AAA‚Äôs Consumer Arbitration Rules (as applicable) as modified by these Terms of Use.¬†¬†The AAA Rules and information about arbitration and fees are available online at¬†www.adr.org.¬†¬†You and we agree that these Terms of use evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law and will be governed by the Law of the State of Texas, where applicable.¬†¬†Any arbitration will be held in Dallas County, located within the State of Texas.¬†¬†The arbitration will be conducted in the English language.¬†¬†An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms of use as a court would.¬†¬†Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award.¬†¬†Judgment on any arbitration award may be entered in any court having proper jurisdiction.

Costs of Arbitration.  Upon the filing of the arbitration demand, we will pay all filing, administration and arbitrator fees other than the initial $200 filing fee, and for claims of less than $1,000, White Rhino will reimburse you for the filing fee within 30 days of receiving a written request from you.  Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.  However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required hereinabove before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs.  Except for claims determined to be frivolous, we will not seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.

Class Action Waiver and Jury Waiver.  You and We each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action.  If a court or arbitrator determine in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you.  If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you.  Neither you, nor any customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with this opt-out procedure set forth above.  If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.

Governing Law

Any dispute arising from these Terms of Use or your access to or participation in Rhino Rewards will be governed and construed and enforced in accordance with the Laws of the State of Texas, without regarding to conflict of law rules or principles.  Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts located in Dallas County, Texas.

Severability

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