STARBUCKS Add-in for Outlook
Last Revised: June 8, 2016
In order to use certain functions of our Application, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Starbucks if you discover or otherwise suspect any security breaches relating to the Application; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Third Party Terms and Conditions; Starbucks Policies
This Agreement supplements and incorporates (i) the terms and conditions of any site from which User downloads the Application (including the Microsoft Office Store) (“Third Party Terms”) and (ii) other Starbucks policies, including Starbucks Rewards™, posted at www.starbucks.com (“Starbucks Website”). If any of the provisions of the Third Party Terms or any applicable Starbucks policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.
Subject to these Terms, Starbucks grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on a device operating a Microsoft Office platform or service (each a “Device”) owned or controlled by User in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited. These Terms and User License also govern any updates to, or supplements or replacements for, this Application unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply.
Starbucks Cards; Starbucks Rewards™ Program
If a User signs up for a Starbucks account using the Application, the User is, by default, opted in to receive promotional email communications from Starbucks (“Email Communications”). The User may, at the time of sign up, opt out of receiving Email Communications from Starbucks. Thereafter, the User may opt out of receiving Email Communications solely by adjusting the User’s profile settings in the User’s Starbucks account via www.starbucks.com.
User’s use of the Application, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related to a Starbucks Card, employer name, or GPS location (“User Information”) transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access Starbucks or Content that is not authorized by Starbucks; (d) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Starbucks or Content; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (f) attempts to gain unauthorized access to Starbucks computer network or user accounts; (g) encourages in conduct that would constitute a criminal offense or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair Starbucks servers or networks; (j) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (k) fails to comply with applicable third party terms (collectively “Acceptable Use”). Starbucks reserves the right, in its sole discretion, to terminate any User License, remove Content, or assert legal action with respect to Content or use of the Application, that Starbucks reasonably believes is or might be in violation of these Terms, Third Party Terms, or Starbucks policies including the Starbucks Card Terms and Conditions. Starbucks failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User agrees to defend, indemnify, and hold harmless Starbucks, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorney's fees) that arise from or relate to the User’s use or misuse of the Application, violation of these Terms, or violation of any rights of a third party. Starbucks reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
STARBUCKS, MICROSOFT, AND WIRELESS CARRIERS OVER WHOSE NETWORK THE APP IS DISTRIBUTED (TOGETHER, “DISTRIBUTORS”) ARE PROVIDING THE APPLICATION TO THE USER "AS IS" AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, DISTRIBUTORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED.
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL STARBUCKS OR ANY DISTRIBUTOR (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Marks, Application and Content
Starbucks Coffee Company, Starbucks, the Starbucks logo, and other Starbucks trademarks, service marks, graphics, and logos used in connection with the Application are trademarks or registered trademarks of Starbucks Corporation (collectively “Starbucks Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Starbucks Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Starbucks or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Starbucks or the owner of the Content.
Third Party Content, Applications, Products and Services (including Advertising and Promotions)
Starbucks may provide third party content in the Application (including embedded content) or links to third party content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Starbucks of any application or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Starbucks is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you use other applications via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party applications will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application to which you navigate from our Application.
Governing Law and Jurisdiction
These Terms and use of the Application are governed by the laws of the state of Washington, United States of America, without regard to Washington's conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts in King County, Washington, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.
Starbucks reserves the right to change or modify these Terms or any other Starbucks policies related to use of the Application at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on the Starbucks Website. Continued use of the Application following such changes or modifications to the Terms or other Starbucks policies will constitute acceptance of such changes or modifications.
Any questions, complaints, or claims regarding the Application should be directed to:
Starbucks Coffee Company
Customer Care (firstname.lastname@example.org)
2401 Utah Ave. S
Seattle, WA 98134
Phone: 1-800-STARBUC (782-7282)
Microsoft, the Device manufacturer, and the wireless carrier are not obligated under this agreement to provide support services for the Application.