(Effective August 1, 2019)
Summary of the Pressed Points Program and Benefits. As a Pressed Points participant, you will be eligible to earn points for every dollar you spend at Pressed Juicery and these points may be redeemed for free Pressed Juicery juices, signature blends, shots, Freeze, and other Pressed Juicery products, as follows:
Ways to redeem your points 70 points Shot or water 140 points Freeze size 1 with or without toppings 150 points Juice 180 Freeze size 2 with or without toppings 180 Signature Blend Insider Elite VIP Member Dollar conversion $1.00 = 1 point $1.00 = 1.25 points $1.00 = 1.25 points Dollars to enter tier $0 - $149.99 $150+ Minimum $10 monthly charge Points to expire Rolling 12 months expiration date unless used towards Rewards Maintain status Rolling 12 month period before requalification is required
Generally, Pressed Points are automatically added to your account within twenty-four (24) hours of when you earned them. If you void a purchase or return a product, the points you earned from that product will be deducted from your account balance.
Exclusions/Limitations. Pressed Points can only be earned on purchases you make directly from Pressed Juicery retail stores and online at pressedjuicery.com. Pressed Juicery products purchased from resellers of our products such as grocery stores, restaurants, coffee shops, and other third-party resellers are not eligible for Pressed Points. If you are a participant of Pressed Juicery’s Membership Program, you will not earn points on the monthly recurring charges or reloads to your Membership account until you make an actual purchase. Taxes, tips, bottle deposits such as CRV, donations and fees, including but not limited to shipping and handling fees, delivery fees, are also ineligible for points. Points you earn must be used towards Pressed Juicery eligible products (as described above) and may not be redeemed in cash unless required by applicable law.
Prior Loyalty Program. Pressed Points is designed to reward our loyal customers with greater benefits and more free products than our previous Loyalty Program (discontinued as of September 5, 2019). If you were a member of our previous Loyalty Program, your points have been automatically converted to an equal value-number of Pressed Points, irrespective of whether you sign up for our new Pressed Points Program. In other words, your points will entitle you to the same benefits you would have been entitled to under our previous Loyalty Program. For example purposes only, if you had 50 Loyalty Points which qualifies you to one free juice under our old Loyalty Program, those 50 points Loyalty Points have been automatically converted into 150 Pressed Points which entitles you to the same free juice. To honor our commitment that Loyalty Points will never expire, your Loyalty Points that were converted into Pressed Points will never expire. However, if you choose to sign up for new Pressed Points Program, all new points earned after sign up will be subject to our expiration policy described above. Loyalty Points which have been converted into Pressed Points will be exhausted before post-sign up Pressed Points are redeemed.
Pressed Juicery also reserves the right in its sole and absolute discretion to terminate the Pressed Points Program with ninety (90) days advance notice. In the event of any such termination, you will continue to be eligible to redeem the points you have accumulated until your points expire (See above).
Communication Preferences. By participating in the Pressed Points Pressed Points program, you consent to receiving emails and texts from Pressed Juicery relating to your account as well as promotional advertising. You also consent to receiving certain other communications from us, such as newsletters about Pressed Juicery product offerings and promotions, special offers, promotional announcements, and customer surveys. If you no longer want to receive certain non-transactional communications, simply go to the “Communication Settings” link on the “My Account” page of our website www.pressedjuicery.com to manage your Pressed Juicery communications.
Limitation of Liability. Pressed Juicery and their respective officers, directors, employees, and agents (the “Released Parties”) make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Pressed Points Program. By participating in the Pressed Points Program, you hereby release to the fullest extent that law permits, the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to your participation in the Pressed Points Program.
In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail, a written Notice of claim (“Notice”). If you are the claimant, the Notice to us must be addressed to: Legal Department - Dispute Resolution, Pressed Juicery, Inc., 1550 17th Street, Santa Monica, CA 90404. If we are the claimant, the Notice must be addressed to the address used for your Pressed Points account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.
During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator.
The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 800.778.7879.
If you are required to pay a filing fee to initiate arbitration, after we receive notice of the initiation of arbitration, we will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US$10,000.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Arbitration Agreement.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations (in which the parties submit their arguments and evidence to the arbitrator in writing and the arbitrator makes an award based only on the documents), the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Unless you and we agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). 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 hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.
If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated, notwithstanding the below prohibition, and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
Class Action Waiver. YOU AND PRESSED AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING FROM OR RELATING IN ANY WAY TO PRESSED JUICERY’S PRESSED POINTS PROGRAM ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Both you and we waive the right to bring any controversy, claim, or dispute arising out of or relating in any way to Pressed Juicery’s Pressed Points Program as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. Further, unless both you and we agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, then the entirety of the arbitration provision set forth in this Paragraph shall be null and void.