Terms and Conditions
IMPORTANT: PLEASE READ CAREFULLY. THESE TERMS GOVERN ALL PATRONAGE OF SINGLE BEAN, INCLUDING ORDERING, RECEIVING, CONSUMING, OR STANDING NEAR A BEAN. THEY CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS.
Effective as of the date on which you first became aware of Single Bean.
PART I. TERMS OF PATRONAGE
1. Definitions. "Single Bean" means Single Bean, its officers, agents, successors, assigns, and the Truck. "Truck" means the mobile food service vehicle operated under the Single Bean name, wherever it may be. "Patron" means any person who approaches the Truck, reads the Menu Board, stands in line, places an Order, or accompanies a person who has done any of the foregoing. "Bean" means one (1) bean. "Menu Item" means any of the nine (9) offerings listed on the Menu Board. "Order" means a request by a Patron for one (1) Menu Item. "Consumption Window" means the period beginning when the Bean is placed in the basket and ending when the Bean is no longer in the basket, by whatever means.
2. Acceptance. Patron accepts these Terms upon becoming a Patron. No signature is required. Patron's continued presence within sight of the Truck shall be deemed an ongoing reaffirmation of acceptance.
3. Service. Each Order consists of one (1) Menu Item. Each Menu Item consists of one (1) Bean. Limit one (1) Order per Patron per visit. Patron acknowledges that each Menu Item constitutes a complete serving and shall not request, suggest, or imply otherwise, whether verbally, in writing, or by facial expression.
4. The Bean. Beans are drawn from whatever supply Single Bean has on hand at the time of the Order. Single Bean makes no representation as to the species, variety, color, size, origin, texture, or preparation of any Bean, or as to whether any Bean resembles a Bean previously served to Patron or to the person ahead of Patron in line. Menu descriptions are illustrative only. All Beans are provided AS IS. Menu Items may contain beans.
5. Plating. All Beans are plated with full-size tongs by an authorized Single Bean representative. Patron shall not handle the tongs, request smaller tongs, or comment on the tongs.
6. Menu Integrity. Menu Items may not be combined, blended, merged, split, halved, stacked, or otherwise mixed, except by ordering the Machine Bean. The Machine Bean includes every component of every other Menu Item, without exception. No component of the Machine Bean may be omitted, removed, withheld, reduced, substituted, or served on the side. Requests for exclusions will not be honored, entertained, or acknowledged.
7. Payment. Payment is due in full, in cash, at the time of the Order. Single Bean does not accept cards, checks, digital payments, IOUs, barter, or promises. Exact change is required. Single Bean does not make change and assumes no responsibility for any change Patron believes they are owed.
8. Senior Discount. Patrons aged sixty-five (65) and over are entitled to a discount of ten percent (10%) off the standard price of any Menu Item upon presentation of valid identification. All discounted Orders are subject to a mandatory gratuity of ten percent (10%), calculated on the undiscounted price. Patron acknowledges that the discount and the gratuity are separate and independent terms and that Single Bean has made no representation regarding their combined effect.
9. No Refunds. All sales are final. No refunds, exchanges, credits, or replacement Beans will be issued for any reason, including dropped Beans, Beans lost to wind, birds, or other persons, or Beans that differ in any respect from what Patron anticipated.
10. Location of the Truck. Single Bean does not disclose where the Truck is, where it is going, or where it has been. Patron shall not follow, pursue, trail, tail, track, or monitor the Truck by any means, including by car, bicycle, foot, drone, aircraft, GPS device, social media, or organized group effort. Patron shall not record, compile, share, or analyze past locations of the Truck for the purpose of predicting future locations. Any Patron observed near the Truck at two (2) or more consecutive stops shall be presumed to be following it. The presence of the Truck at any location shall not be construed as a promise to return to that location.
11. Complaints and Binding Arbitration. Any complaint, claim, or dispute arising out of or relating to a Bean, an Order, or these Terms shall be resolved exclusively through binding individual arbitration. Patron waives any right to a jury trial and any right to bring or participate in a class, collective, or representative action. All complaints must be submitted in writing, signed by Patron, and delivered in person to Single Bean Headquarters or to the Truck at its current location. Patron is reminded of Section 10. Complaints delivered to any former location of the Truck shall be deemed not received. The arbitrator shall be selected by Single Bean. The arbitrator's decision is final and may be delivered orally, in writing, or not at all.
12. Limitation of Liability. Single Bean's total liability for any claim arising out of or relating to a Bean shall not exceed the value of one (1) Bean. In no event shall Single Bean be liable for any indirect, incidental, consequential, special, or existential damages, or for any loss arising from Patron's reliance on a Bean.
13. Refusal of Service. Single Bean may refuse service to anyone, at any time, for any reason or no reason, including suspected violations of Section 10.
14. Governing Law. These Terms are governed by the laws of the jurisdiction in which the Truck was located at the time the dispute arose. If that location cannot be determined, the governing jurisdiction shall be selected by Single Bean.
15. Modification. Single Bean may amend these Terms at any time without notice. Amendments take effect immediately and, where Single Bean prefers, retroactively.
16. Severability. If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be enforced anyway to the extent Single Bean considers reasonable.
PART II. BEAN THERE, DONE THAT LOYALTY CARD
17. Acceptance. POSSESSION OF THE CARD CONSTITUTES ACCEPTANCE OF THIS PART II, WHETHER OR NOT CARDHOLDER HAS ACTUALLY READ, UNDERSTOOD, OR HAD SUFFICIENT TIME TO CONSIDER IT.
18. Issuance. The Bean There, Done That Loyalty Card ("Card") is issued solely to the original recipient ("Cardholder") and may not be sold, gifted, loaned, assigned, transferred, inherited, bartered, traded, shared, sublicensed, or otherwise conveyed to any other person, family member, friend, acquaintance, coworker, neighbor, dependent, roommate, or guy you know from church.
19. Punch Limit. Limit ONE (1) punch per customer, per calendar day, per group and/or family, regardless of the number of Beans purchased, transactions completed, separate checks requested, disguises worn, trips through the line, or attempts to return later pretending to be a different customer. NO DOUBLE PUNCHES.
20. Presentation. Cardholder must be physically present at the time of purchase and must present the original Card before completion of the transaction. Punches may not be requested retroactively. Forgotten Cards, lost Cards, damaged Cards, Cards left in another vehicle, and Cards allegedly "at home on the counter" shall receive no credit.
21. Valid Punches. Only punches applied by a duly authorized Single Bean representative using an approved Single Bean punching instrument are valid. Any unauthorized, duplicated, altered, forged, simulated, traced, self-administered, counterfeit, suspiciously bean-shaped, or otherwise questionable punch shall immediately render the entire Card null and void. Single Bean reserves the right to inspect any punch using whatever level of scrutiny seems appropriate at the time.
22. Redemption. Upon receipt of five (5) valid punches, Cardholder may redeem the Card for ONE (1) qualifying Bean. Redemption does not include upgrades, toppings, premium Beans, additional Beans, substitutions, cash value, store credit, emotional damages, travel expenses, lost wages, or compensation for the time required to earn five (5) punches. The Card must be surrendered upon redemption. Punches have no monetary value, cannot be combined between Cards, and may not be transferred from a lost, stolen, destroyed, washed, folded, mutilated, emotionally damaged, or otherwise unavailable Card.
23. Program Changes. Single Bean reserves the right, at its sole discretion and without notice, to modify, suspend, interpret, reinterpret, enforce, selectively enforce, discontinue, resurrect, or pretend this program never existed.
BY ACCEPTING A PUNCH, CARDHOLDER CERTIFIES THAT THEY ARE THE SOLE AND LAWFUL PROPRIETOR OF THE CARD AND AGREES TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY.
VOID IN THE UNITED STATES.