These terms and conditions (this "Agreement") govern the Starbucks Gold program. Starbucks Gold is a membership program brought to you by Starbucks Coffee Company. Purchase or use of a Starbucks Gold Card ("Membership") at any time subjects the purchaser or user ("you," "your," "yours," "Member") to the provisions of this Agreement.

1. BENEFITS.
2. CERTAIN CONDITIONS.
3. REGISTRATION OF CARD.
4. MEMBERSHIP FEE.
5. TERM
6. CANCELLATION; TERMINATION.
7. MEMBER PRIVACY POLICY.
8. STARBUCKS CARD FEATURE
DISCLAIMERS; LIMITATION OF LIABILITY.
9. GOVERNING LAW.
10. BINDING ARBITRATION.
11. ACKNOWLEDGMENT.
12. CHANGES TO THIS AGREEMENT.

1. BENEFITS.

   Starbucks Gold entitles Members* to the following benefits:

   • Starbucks Gold Card
   • 10% discount off of most purchases
   • A complimentary birthday beverage coupon upon registration
   • Occasional discounts and promotional offers upon registration
   • Ability to use Starbucks Gold Card as a Starbucks Card

   * "Member" means the individual who purchased the Starbucks Gold Card or who received one as a gift.

2. CERTAIN CONDITIONS.
   • (a) For any Member's discount or other benefit to apply, the Membership account must be active and available at the time of purchase, and the Starbucks Gold Card must be present. Members will NOT be reimbursed retroactively for purchases made without a Member discount at the time of purchase.
   • (b) Member's everyday discount is only valid on eligible purchases at any Starbucks participating store. The Member's everyday discount is not available on the purchase of any of the following items: Starbucks Cards; gift cards, Online Gift Certificates; newspapers or magazines; digital downloads; or Membership fees (new or renewal).
   • (c) Member’s everyday discount is only valid when the Starbucks Gold Card is presented and swiped through the point-of-sale system in participating Starbucks stores.
   • (d) Members will receive the most favorable discount available for a particular product at the time of purchase. If a product is "on sale" and has already been discounted at a higher percentage than the Member discount, the “for sale” discount will apply. Member discounts will not be applied cumulatively or on top of other discounts or deductions, except where otherwise noted.
   • (e) Member's everyday discount cannot be used in conjunction with a Starbucks partner discount, with any coupons or with any corporate or prearranged group or organizational discounts, unless specifically stated.
   • (f) A Starbucks Gold membership can be given as a gift at the time of purchase or shortly thereafter, but it is otherwise non-transferable and can only be used by the individual Cardholder who initially purchased the membership or received it as a gift. The use of a Starbucks Gold Card by someone other than the Member is a violation of these Terms and Conditions, and Starbucks reserves the right, at its sole discretion, to cancel any Starbucks Gold Card which is used by someone other than the Member. If Starbucks cancels your Gold Card, you will be entitled, upon request, to a pro rata refund of your Membership fee.
   • (g) We expect Members to submit and maintain accurate and current user information in connection with their Memberships. Such information includes name, address, email address, and telephone number. Members can change their account information by (i) updating Member profile data through an authenticated www.starbucksgold.com account or at www.starbucks.com, or (ii) calling us at 1.800.STARBUC (782-7282) (We cannot assume any liability for correspondence, mail or e-mail, that is lost, delayed, or misdirected.)
3. REGISTRATION OF CARD

   If you are a U.S resident, you may also register your Gold Card, which can be used as a Starbucks Card, by going to www.starbucksgold.com. By registering your Gold Card, you will become eligible for additional benefits such as special discounts and promotional offers. We will also be able to protect your Gold Card, as well as any balances on the Starbucks Card account, in the event that it is lost or stolen. Starbucks will replace your Gold Card and any balances remaining on your Starbucks Card account at the time you notify us of the loss. If you are a Canadian resident and would like to register your Starbucks Gold Card to protect your membership and Card balance, you may call customer service at 1.800.STARBUC to register but you will not be eligible for any additional Gold Card registration benefits, such as a free drink on your birthday.

4. MEMBERSHIP FEE

   The annual Membership fee is currently $25. We may change the Membership fee at any time, but changes will apply only to new and renewal Memberships. The fee is not refundable unless the Membership is canceled during the first thirty (30) days of the Membership term (including any renewal term).

5. TERM

   The initial term of a Membership shall commence on the date it is purchased and continue for 380 days thereafter. Upon expiration, you can renew your Membership ("Renewal Membership") by paying the $25 annual fee each year for additional one-year periods unless your Membership is cancelled or we terminate your Membership before it expires.

6. CANCELLATION; TERMINATION.
   • (a) You have the right to cancel your Membership at any time. If you cancel your Membership, you will only be entitled to a full refund of your Membership fee if you request it within 30 days of purchase and you surrender the Gold Card with the original receipt at participating Starbucks stores. For online purchases, a confirmation email upon purchase will suffice as your receipt. No refunds will be available after such thirty (30) day period (unless we terminate the Starbucks Gold program; see Program Termination section below). You can cancel your Membership by presenting your Member Card at any Starbucks Store.
   • (b) We may terminate your Membership, including any associated accounts, without notice, for any reason in our sole discretion, including without limitation our belief that continued use of such Membership would violate any provisions of this Agreement, applicable law, or otherwise be harmful to our interests. In the event of any such termination, you will be entitled to a pro rata refund of your Membership fee.
   • (c) We may terminate any or all of the benefits available under Starbucks Gold at any time with or without notice. In the event of our termination of this program, at our election, we will either maintain your Membership benefits until expiration of the Membership current term or refund each Member a pro rata portion of the Membership fee for the remaining portion of the current Membership term upon request.
7. MEMBER PRIVACY POLICY.

   As a Member, the information we capture will be subject to the Starbucks Privacy Policy as amended from time to time in accordance with its terms. You may view the current version of the Starbucks Privacy Policy at any time online at www.starbucksgold.com or you may obtain a copy of it by calling 800.STARBUC (782-7282)

8. STARBUCKS CARD FEATURE.

   You may use your Gold Card as a Starbucks Card at no additional charge by loading funds on it either at participating Starbucks stores or online at www.starbucksgold.com or through starbucks.com/card. The Starbucks Card feature of your Gold Card does not expire. If there is more than $5 remaining on your Starbucks Card at the time your Gold Card expires, is terminated or is turned in for a refund, these funds will be transferred to a new (regular) Starbucks Card or, if you prefer, to a current Starbucks Card account you designate. In California you may, upon request, receive cash redemption if the balance remaining is below $10. Any balance totaling less than $5 must be spent by you and cannot be transferred to another card.. In those states that require cash redemption of card balances below $5 such card balances can be redeemed for cash. You must surrender your Gold Card in a store or via U.S. mail after contacting the Customer Care Center at 800.STARBUC (782-7282) in order to transfer Starbucks Card funds remaining on the Gold Card. Starbucks Cards may not be redeemed for cash unless required by law and can only be refunded if they are unused and are accompanied by the original sales receipt. No fees are charged in connection with the Starbucks Card feature of your Gold Card. For a full set of Starbucks Card terms and conditions click here

9. DISCLAIMERS; LIMITATION OF LIABILITY.

   USE OF STARBUCKS GOLD AND ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK. THE MEMBERSHIP BENEFITS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

   STARBUCKS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

   STARBUCKS MAKES NO WARRANTY THAT (i) STARBUCKS GOLD WILL MEET YOUR REQUIREMENTS, (ii) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM YOUR USE OF THE STARBUCKS GOLD CARD WILL MEET YOUR EXPECTATIONS.

   STARBUCKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STARBUCKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE STARBUCKS GOLD CARD OR ANY BENEFITS THEREOF; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED VIA THE USE OF THE STARBUCKS GOLD CARD; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR STARBUCKS GOLD CARD DATA; OR (iv) ANY OTHER MATTER RELATING TO THE STARBUCKS GOLD PROGRAM.

   SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

10. GOVERNING LAW.

    This Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of Washington, without regard to conflict of law principles.

11. BINDING ARBITRATION.

    Any controversy or claim arising out of or relating to this Agreement (including any breach thereof) or the Starbucks Gold Program shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Starbucks Coffee Company from seeking any injunctive relief in State or Federal courts for protection of their respective intellectual property rights (including such rights of their respective licensors).

12. ACKNOWLEDGMENT.

    This Agreement, including all documents referenced herein, represents the entire understanding between us and any user of a Starbucks Gold Card and supersedes any other agreements, statements or representations. Headings used in this Agreement are for reference only and shall not affect the meaning of any terms.

13. CHANGES TO THIS AGREEMENT.

    We may change the terms of this Agreement at any time unless prohibited by law by posting a revised Agreement on the Starbucks Gold member website located at www.starbucksgold.com. We may also notify Members of such change in writing either by regular mail or via email to the email address in the Member's account. Any change shall take effect immediately, unless otherwise provided. You may view the current version of this Agreement at any time online at www.starbucksgold.com or you may obtain a copy of it by calling 800.STARBUC (782-7282)

    This Agreement was last modified on 10/22/08.