COBS Bread authorizes you to view, copy, print and distribute the documents, pictures, related graphics and other materials published by COBS Bread/Bakers Delight on this website, provided that:

• The use is for non-commercial purposes only.
• The documents, pictures or related graphics available from this site are not changed in any way.

As a user of our website, you agree not to reproduce, retransmit, disseminate, sell, publish, broadcast, or otherwise use any material from this website without the express prior written consent of COBS Bread.

COBS Bread may amend or update these Terms and Conditions from time to time, with or without notice.

PRIVACY POLICY

This Privacy Policy applies to all personal information submitted by Users on the COBS Bread ordering platform (the Website) or emailed to COBS Bread and any information that may be automatically retrieved through the services that COBS Bread offers on the Website (Services).

• By accessing the Website and/or using the Services, all Users consent to the collection, use, disclosure, storage and processing of their information in accordance with this Privacy Policy.
• COBS Bread may amend or update this Privacy Policy from time to time, with or without notice to Users. All Users agree to be bound by the Privacy Policy that is in effect at the time they access the Website and/or use the Services.
• In order to use the Services, all Users will need to submit certain personal information such as their email address, name, address, telephone number, gender and date of birth. Users may be asked to submit further information from time to time.
• The personal information that Users provide will only be used in connection with the Services offered by COBS Bread to communicate with Users in relation to the Services or to co-operate with any government, industry or regulatory authorities. COBS Bread reserves the right to use data (on an anonymous basis) in relation to Users’ use of the Services for marketing purposes.
• Unless expressly authorised to do so by the relevant User, COBS Bread will not disclose any User’s personal information to any third party except where the disclosure relates to the purposes for which the information was collected.
• Users may request at any time to see the personal information that COBS Bread holds on its behalf or to correct or update any personal information (to the extent that Users are unable to do so on the Website).
• COBS Bread will securely store Users’ personal information in Canada or in any other country, which COBS Bread may from time to time offer its Services. Users’ personal information may therefore be transferred outside of Canada
• COBS Bread may hold Users personal information both before and after the cancellation of each User’s account, but only for as long as COBS Bread is lawfully entitled to do so.

COBS BREAD LOYALTY PROGRAM

REGISTERED COMPANY

The COBS Club program (“Program” and/or the “COBS Club Program”) is operated by COBS Bread, BD Canada Ltd, (“COBS Bread”), 210-1100 Melville Street, Vancouver BC, V6E 4A6, 1-833-608-2200. The Program is available at all COBS Bread bakeries across Canada and the US, except where prohibited by law.

CONSENT TO THE SHARING OF INFORMATION

The COBS Privacy Policy (the “Privacy Policy”) applies to the COBS Club Program and is available at www.cobsbread.com/privacy or upon request. The Privacy Policy may be amended from time to time. By agreeing to these COBS Club Program Terms and Conditions, you are also agreeing to the terms of the Privacy Policy.

For greater certainty, by registering to the COBS Club Program, you consent to the collection, use, and sharing of information about you by and between us, our affiliated companies, and third-party rewards providers so the rewards providers know that you are a member of the COBS Club Program and can facilitate the fulfillment of your rewards and offers, and so that COBS Bread and its affiliates can provide you with marketing offers based on your participation in the Program.

WHO CAN BECOME A COBS CLUB MEMBER?

To join the Program, you must have a valid Canadian or US mobile number and valid email address. The COBS Club Program is intended for personal use only. The Program is only open to residents of Canada (excluding residents of Quebec) and to residents of the United States. You must be the age of majority in your jurisdiction of residence to participate in the COBS Club Program. If you are under the age of majority, you may not participate in the Program. You must be legally able to form a contract to participate in the COBS Club Program.

HOW DO I REGISTER AS A COBS CLUB MEMBER?

You can join the COBS Club Program (i.e., Register as a member) by downloading the COBS Bread App on your Android or iPhone device and completing the registration process within the app.

Once you have successfully registered, you will be a COBS Club member (also referred to as “you” in these Terms) of the COBS Club Program.

Upon verification of your account, you agree to receive benefits and rewards as determined and communicated by COBS Bread, including through push notifications sent to the mobile device you register with and at the email address you provide. Benefits and rewards may be sent to you directly to your registered email account or through the COBS Bread app. You also agree to receive marketing communications from COBS Bread via email (“commercial emails”) and through the COBS Bread app, unless you advise us otherwise. You can change your communications preferences using the preference center within the COBS Bread app, and you may also use the ‘unsubscribe’ tool we include in our commercial emails to opt-out of commercial emails. Notifications and emails related to the administration of your membership in COBS Club, e.g., account information, transaction information, will still be sent to you.

All benefits and rewards are offered to you and cannot be transferred or exchanged, unless expressly stated otherwise.

WHAT ARE BREADCRUMBS?

Breadcrumbs are the reward points that you earn by purchasing at COBS Bread bakeries (“Breadcrumbs”). You can monitor your Breadcrumbs balance at any time by logging into your COBS Club account through the COBS Bread app. We don’t want you to miss out on earning Breadcrumbs on your purchases, so always remember to scan your COBS Bread app in-store, as we are unable to attribute a transaction to your account retrospectively.

AT WHAT RATE WILL I EARN BREADCRUMBS?

You will earn a minimum of 2 Breadcrumbs for every whole dollar, excluding taxes, that you spend at a COBS Bread bakery. Not applicable to gift card purchases.

BONUS BREADCRUMBS

Sometimes we may also run promotions whereby you can earn bonus Breadcrumbs, for instance, an offer to earn bonus Breadcrumbs on particular products or an offer to earn bonus Breadcrumbs on your whole purchase. Some of these offers may be exclusive personalized offers to earn bonus Breadcrumbs based on your individual profile and will be available in your account in the COBS Bread app. From time to time and at our discretion, we may also choose to offer gratuitous Breadcrumbs unrelated to any purchase of goods or services, subject to applicable law, and we may specify that such gratuitous Breadcrumbs expire after a period of time.

We may make these promotions available to all Program members or to any subset of Program members at our discretion.

HOW CAN I EARN BREADCRUMBS?

Breadcrumbs can be earned for purchases made in-bakery at COBS Bread locations. To earn Breadcrumbs for an eligible purchase, you must present your COBS Bread app to the cashier at the time of your purchase and scan it to register your Breadcrumbs. Breadcrumbs cannot be earned for online purchases. COBS Club spend is calculated in CAD or USD for purchases made in COBS Bread bakeries in Canada or the United States, respectively. Please allow up to 3 business days from any transaction for Breadcrumbs to be posted to your account.

TRANSFER OF BREADCRUMBS

The Breadcrumbs and rewards registered to your COBS Club 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) COBS Club member account that is personal to you.

MEMBER DEACTIVATION AND BREADCRUMBS EXPIRY

A member’s account will be made dormant if:

1. The member has not made a purchase eligible to earn Breadcrumbs at a COBS Bread location for a period of 24 months from their last eligible purchase or redemption of Breadcrumbs; AND
2. The member has not logged into their COBS Club account and redeemed Breadcrumbs or a Reward for a period of 24 months from their last eligible purchase or redemption of Breadcrumbs.

A member can re-activate their account if they log into their COBS Club account AND make an eligible purchase at a COBS Bread location, or if they redeem Breadcrumbs or a Reward within 60 days of their account being made dormant. If the member does so, all Breadcrumbs earned and remaining in the account will remain accessible to the member.

If a member does not re-activate their account within 60 days of its going dormant, their account will be deactivated and all Breadcrumbs and Rewards, and/or other benefits and rewards associated with the account will be lost, with no remuneration or other compensation.

Deactivated accounts, and any Breadcrumbs or Rewards associated with them, cannot be reinstated.

You can view and track your Breadcrumbs balance and available Rewards as well as additional benefits for which you are eligible as a COBS Club member on the COBS Bread app. We have no obligation to provide you with this information in any other way.

RECEIVING REWARDS

All benefits and rewards will appear within your account in the COBS Bread app, and a communication will be sent to the registered email or COBS Bread app notification and are subject to availability. COBS Bread is not liable for any rewards, gifts, benefits, or offers not being available for any reason. Substitutes may be offered at COBS Bread’s absolute discretion. Benefits and rewards are subject to any restrictions, limitations, or conditions that we place on them. Blackout periods, such as public holidays, bakery closures, etc. may apply. Subject to applicable law, COBS Bread in its absolute discretion may change or amend a benefit or reward, including ceasing the benefit or reward, without notification.

Any rewards, gifts, benefits, or offers communicated as part of the COBS Club Program may include specific offer terms and conditions, including expiry dates and redemption conditions. You should read such terms and conditions carefully. Only COBS Club members who receive our communications are eligible to use and redeem any rewards, gifts, benefits, or offers. All offers, gifts, benefits, or rewards are not transferable and cannot be redeemed for cash or equivalent. Customers must present their COBS Bread app or mobile phone number in-store and any other form of redemption that may be required from time to time in order to redeem any such rewards, gifts, benefits, or offers.

We may make these promotions available to all Program members or to any subset of Program members at our discretion.

REDEEMING BREADCRUMBS

Once you have earned 200 Breadcrumbs, you will automatically receive a $5 voucher within your COBS Bread app that can be redeemed on your next in-store purchase at COBS Bread (“Reward”). The availability of the Reward will appear in your COBS Bread app and must be marked as “Loaded” in your member account in order for the reward to be redeemed. The $5 reward must be fully redeemed in one (1) transaction within 90 days of issuance. When the $5 voucher is issued to your account, the corresponding 200 Breadcrumbs will be deducted from your account.

REDEEMING REWARDS

To redeem the benefits and rewards offered under the Program, you must scan your COBS Bread app on your smartphone or electronic device in the bakery, in accordance with any terms that apply to the reward. Specific conditions may apply to certain benefits and rewards supplied, which will be detailed with the benefit or reward coupon, advertising, or communication. Redemption of the benefits and rewards offered under the Program is excluded from online purchases and phone orders.

LIMIT OF ACTIVE COUPONS

To ensure an optimal experience for all COBS Club members, each member is subject to a limit of ten (10) active coupons at any given time. This limit encompasses various types of coupons, including but not limited to Rewards and other applicable vouchers.

BIRTHDAY REWARD

To qualify for your Birthday Reward, you must join the COBS Club Program and provide your birthday in your COBS Club member account information. A Birthday Reward will be issued to your COBS Club account on the birthday date registered in your account for one (1) free cinnamon bun prior to the expiry date stated (“Birthday Reward”). The Birthday Reward offer is valid for 14 days after the member’s birthday. Only one (1) Birthday Reward will be issued per COBS Club member per calendar year.

HALF BIRTHDAY REWARD

To qualify for your Half Birthday Reward, you must join the COBS Club Program and provide your birthday in your COBS Club member account information. A Half Birthday Reward will be issued to your COBS Club account on the date six months past your birthday date registered in your account for one (1) free scone prior to the expiry date stated (“Half Birthday Reward”). The Half Birthday Reward offer is valid for 14 days after the member’s half birthday. Only one (1) Half Birthday Reward will be issued per COBS Club member per calendar year.

OTHER OFFERS AND REWARDS

You may receive personalized offers that are only available to you and other select members, as determined by COBS Bread in its sole and absolute discretion. Certain benefits and rewards may not be available to all COBS Club members. It is at COBS Bread’s absolute discretion whether to supply you with these or any benefits or rewards.

CHANGE OF DETAILS

You are responsible for providing COBS Bread with accurate information for your account. Changes to your member account such as change of name, address, mobile number, or email address should be updated immediately. COBS Bread is not responsible for any failure by you to notify us of your change of details, which may result in you not obtaining the benefit of COBS Club communications and rewards, gifts, or benefits. Changes to your details can be made on the COBS Bread app.

GOVERNING LAW

These Terms and Conditions, and your participation in the COBS Club Program, are governed by and will be construed in accordance with the laws of the customer’s jurisdiction of residence in Canada or the US.

MEMBER ACCOUNT USAGE LIMITATIONS BY COUNTRY

A member’s account is designed to be accessible and usable exclusively within the country where the account was created, either Canada or the USA. Members are inherently limited to utilizing their accounts solely for transactions and activities related to COBS Bread locations within the country of their account registration.

It is important to note that members will be unable to use their accounts for transactions or activities outside the country of account creation. The COBS Bread Loyalty Program has been configured to restrict account functionality based on the country of origin. Consequently, members should be aware that any attempt to utilize their account in a different country will result in the system preventing such transactions automatically.

Members are encouraged to contact COBS Bread customer support if they have any questions or concerns related to the country designation of their account. This inherent usage limitation aims to provide a seamless and secure experience for all members within the specified geographic boundaries.

GENERAL MEMBER RESPONSIBILITIES

Personal information collected by COBS Bread will be used to communicate with you as a COBS Club member and provide you with benefits and rewards under the Program. Participation in the Program is conditional to you providing the required personal information. You agree to the release of your personal information to authorized third parties as necessary to carry out the Program. For details of our privacy practices including how we collect, use and disclose personal information and how to make a complaint regarding the management of your personal information, please read our Privacy Policy at www.cobsbread.com/privacy.

It is the responsibility of the COBS Club members to advise COBS Bread of any change of account details including name, email, mobile number, etc. immediately after the change. Updates can be made on the COBS Bread App, further verification requirements may be required. COBS Bread is not responsible for any late delivery or loss of benefits or rewards to COBS Club members relating to any failure by you to provide us with accurate information, or to notify us of any change in your details.

COBS Club members are responsible for all activity in the account including any activity by a third party. Individuals cannot share or have multiple individuals use or redeem rewards or benefits using the same COBS Club member account. Only one account can be linked to a single instance of the COBS Club app. There is a limit of one (1) COBS Club account per individual.

COBS Club members must not provide false or misleading information to COBS Bread and must not alter, reproduce, disclose, or interfere with the details of other COBS Club members including prospective members.

Membership to the Program is free however all expenses for internet access to use the COBS Club app, access the Program website, or access benefits and rewards offered are the responsibility of the COBS Club member.

GENERAL RIGHTS

These Terms are to be read in conjunction with, and subject to, any additional terms governing any benefit, promotion, discount, or offer operated by COBS Bread.

COBS Bread reserves the right, subject to these terms and the applicable law, in its absolute discretion and without prior notice, to remove benefits or offers, terminate or disqualify any COBS Club member that COBS Bread has reason to believe has contravened these terms or has tampered or compromised any part of the Program that could jeopardize the fair and proper conduct of the Program. Failure by COBS Bread to enforce any of its rights at any stage does not constitute a waiver of those rights. COBS Bread’s legal rights to recover any loss, damages, or other compensation from such offender are reserved.

COBS Bread reserves the right, at any time, to verify the validity and status of actual or prospective COBS Club members, registrations, verification of account details, Breadcrumbs, Rewards, and any other benefits or rewards issued and redeemed, including a COBS Club member’s identity, age, email, and mobile phone number.

In the instance of a dispute of identity (including name, age, email, or mobile phone number) of an actual or prospective COBS Club member, COBS Bread reserves the right, in its absolute discretion, to reject or determine the identity of the member.

In the event of a third-party dispute over ownership of the Program membership account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.

We reserve the right at any time to update, change, modify, or revise all or any portion of these Terms, including without limitation the structure of the Program, the nature of the Breadcrumbs and Rewards offered, and the rates at which they are earned or redeemed. These same rights apply to any FAQ, policy, or guidelines that we issue with respect to the Program. Any changes will become effective upon our distribution of the revised Terms, FAQ, policy, or guidelines, or on any date we specify. Your continued access to or participation in the Program or use of the Program app, after any such changes indicates your acceptance of the Terms and the Program as modified. It is your responsibility to review the Terms and our website regularly for updates.

COBS Bread may terminate the Program and these Terms, at any time, with or without notice. If the Program and these Terms are terminated, this will result in the loss of any Breadcrumbs, Rewards, and any other benefits and rewards associated with the Program, with no remuneration or other compensation. Benefits, Breadcrumbs, Rewards, and other rewards are not your property, do not have cash or monetary value, cannot be exchanged, transferred, redeemed, or sold for cash or other compensation other than as contemplated in these Terms and any applicable additional terms, and subject to the applicable law, may be revoked, canceled, limited, or modified at any time. Breadcrumbs have no value outside of this Rewards Program.

Interpretation of these terms shall be at the absolute discretion of COBS Bread, whose decision will be final and binding. COBS Bread is not liable for benefits and rewards that are obtained or lost due to fraudulent, unauthorized, or other unacceptable use, whether by the user or a third party. Should the Program be suspended or canceled at any time, a notification will be placed on the COBS Bread website. Breadcrumbs, Rewards, and any other benefits and rewards are personal and cannot be assigned, sold, traded, willed, or otherwise transferred except in accordance with these terms and conditions. Any assignment or transfer in violation of these terms and conditions will be void and may, at the discretion of COBS Bread result in the loss of membership in COBS Club, and/or cancellation of any Breadcrumbs, Rewards, and any other benefits and rewards.

If, in the sole opinion of COBS Bread, you abuse any of the privileges or benefits of the COBS Club, fail to follow any of its terms and conditions, or make any misrepresentation to COBS Bread, COBS Bread may, in its sole and absolute discretion, revoke any or all of the Breadcrumbs, Rewards, and any other benefits and rewards in your account and/or revoke your membership in COBS Club, with or without notification.

Breadcrumbs, Rewards, and any other benefits and rewards, information, or activities associated with this Program are subject to verification at any time and for any reason. COBS Bread reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to COBS Bread – including, without limitation, government-issued photo identification): (i) for the purposes of verifying your eligibility to participate in this Program; (ii) for the purposes of verifying the eligibility and/or legitimacy of any Program-related information that has been used or submitted in connection with this Program; and/or (iii) for any other reason that COBS Bread deems necessary, in its sole and absolute discretion, for the purposes of administering this Program in accordance with the letter and spirit of these Terms and Conditions. If you fail to provide such proof to the complete satisfaction of COBS Bread within any timeline specified by COBS Bread, then you may be disqualified from the Program (and your Breadcrumbs, Rewards, and any other benefits and rewards, account, and any other benefit aspect of the Program made available to you may be revoked, nullified, and voided) in the sole and absolute discretion of COBS Bread. The sole determinant of the time for the purposes of this Rewards Program will be COBS Bread’s server machine(s). COBS Bread may, in its sole discretion, suspend, cancel, or combine accounts that appear to be duplicative.

COBS Bread reserves the right, in its sole and absolute discretion, to invalidate any Breadcrumbs, Rewards, and any other benefits and rewards it deems to have been awarded in error, or as the result of any fraudulent activity, or any activity not in keeping with the letter and/or spirit of these Terms and Conditions, as interpreted by COBS Bread in its sole and absolute discretion. Any Breadcrumbs, Rewards, and any other benefits and rewards that cannot be verified to the complete satisfaction of COBS Bread are subject to disqualification. COBS Bread will not be liable for the failure of any Breadcrumbs, Rewards, and any other benefits and rewards to be captured or recorded for any reason.

Members may cancel their membership at any time by emailing customer support at [email protected] or calling customer support at 1-833-608-2200. If you cancel your participation in the Program, you will no longer earn points and you will forfeit your unused points. If you decide to enroll in the Program again in the future, previously forfeited points will not be reinstated to your account.

DISCLAIMER OF WARRANTIES AND LIABILITIES

Use of the COBS Bread app may be dependent on certain hardware and software to operate, use, or access any part of your account including benefits and rewards. COBS Bread is not responsible for a COBS Club member’s inability to access the COBS Bread app due to incompatible hardware or software.

COBS Bread is not responsible for any unauthorized use or access of a COBS Club member’s account including through the COBS Bread app and redemption of Breadcrumbs, Rewards, or any other benefits and rewards by third parties, including unauthorized redemption. It is each COBS Club member’s responsibility to protect their account from misuse or access.

Any tax liability connected with receipt, use, or redemption of any benefit or reward under the Program is the responsibility of the COBS Club member.

Events beyond COBS Bread’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, pandemics, labor shortages, civil disturbances, terrorism or war, which may materially affect our ability to perform, may cause us to suspend or terminate the Program. COBS Bread is not responsible for such instances including without limitation any injury or damage to you or any other person’s computer related to or resulting from participation in or downloading of any materials in the Program.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, COBS BREAD WILL NOT BE LIABLE FOR ANY DAMAGES, LOSS OR CLAIM THAT YOU MAY SUFFER OR INCUR (INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL LOSS) BECAUSE OF YOUR USE OF THE COBS BREAD APP AND/OR PARTICIPATION IN THE PROGRAM EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM, INCLUDING ALL BREADCRUMBS, REWARDS, OR ANY OTHER BENEFITS AND REWARDS ARE PROVIDED AS SUPPLIED, AS IS, AND AS AVAILABLE, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. WITHOUT LIMITING THE GENERALITY PRECEDING SENTENCE, COBS BREAD DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PURPOSE OR THAT THE PROGRAM WILL BE ERROR-FREE OR FREE FROM HARMFUL CODE. Some jurisdictions do allow limitations on implied warranties, so the preceding limitations on implied warranties may not apply to you.

NEITHER COBS BREAD NOR ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY WHATSOEVER FOR ANY (A) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE APP OR THE PROGRAM; (C) DATA NON-DELIVERY, LOSS, THEFT, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF 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 APP OR THE PROGRAM; (F) ANY INACCURACIES OR OMISSIONS IN PROGRAM CONTENT; OR (G) EVENTS BEYOND THEIR REASONABLE CONTROL.

THE REMEDIES DESCRIBED IN THIS AGREEMENT, INCLUDING CANCELLATION OF YOUR MEMBERSHIP IN THE PROGRAM, ARE YOUR SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO THE PROGRAM. NEITHER COBS BREAD NOR ANY OF ITS AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO THESE TERMS, THE PROGRAM, THE APP OR OTHERWISE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) RELATED TO THE PROGRAM, YOUR PARTICIPATION IN THE PROGRAM, OR YOUR USE OF THE APP, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL ANY LIABILITY OF COBS BREAD, ITS AFFILIATES, PARTNERS, AND LICENSORS WITH RESPECT TO THE PROGRAM, THE APP, THESE TERMS, OR OTHERWISE EXCEED THE LESSER OF (A) ALL DIRECT DAMAGES ACTUALLY INCURRED BY MEMBER OR (B) $100. Some jurisdictions do not allow limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion with respect to incidental or consequential damages may not apply to you.

THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP IN THE PROGRAM.

You release COBS Bread, its affiliates, partners, licensors, and its and their respective equity owners, directors, managers, officers, contractors, employees, representatives, and agents against all loss, claims, costs, demands, damages, and liabilities related to the use of, or inability to use, the Program or the App.

MISCELLANEOUS

In the event that any provision in these Terms is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms.

No failure or delay of COBS BREAD to exercise any right or remedy under this Agreement will be a waiver of such right or remedy. No waiver of any such right or remedy will be effective unless made in a writing signed by COBS BREAD, and specifically referring to each such right or remedy being waived.

These Terms inure to the benefit of, and are binding upon, you and COBS BREAD and each of your and COBS BREAD’s successors and assignees, except that you may not assign any of your rights or obligations under this Agreement without first obtaining the written consent of COBS BREAD. Any attempt by you to assign to a third party any right or remedy under these Terms will be null and of no effect. COBS BREAD may, in its sole discretion, assign or otherwise transfer these Terms to a third party (including, but not limited to, an affiliate of COBS BREAD).

These Terms constitute the entire agreement between you and COBS Bread regarding your participation in the Program, your entitlement to collect and redeem Breadcrumbs, Rewards, and any other benefits and rewards, and your entitlement to any other benefits of the Program, and supersede all previous versions and representations.

GOVERNING LAW

All matters arising out of or related to these Terms are governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.

DISPUTE RESOLUTION

YOU AND COBS BREAD ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND COBS BREAD ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE PROGRAM OR THE APP, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Dispute Resolution section. COBS BREAD will be responsible for the AAA filing fee of any such proceeding.

The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small claims court rather than arbitration, if you provide COBS BREAD with written notice of your intention to do so within 30 days of when the event giving rise to a dispute occurs. The small claims court proceeding will be limited solely to your individual dispute or controversy.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR COBS BREAD WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER COBS CLUB MEMBERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant to COBS BREAD that you (1) have carefully read these Terms, (2) are agreeing to these Terms on your own behalf, and (3) have sufficient capacity to enter into this Agreement. In participating in the Program, you accept these Terms. If you do not accept these Terms, you may not and should not participate in the Program.