Terms of Use

Welcome to the web site (the “Site”) of Così, Inc. (“Così®”, “we”, or “us”). These Terms and Conditions of Use govern your access to and use of the Site, any information, text, graphics or other materials appearing in the Site (the “Content”), and any services provided through the Site (the “Services”).

Access to Site and Use of the Content and/or Services

Your access to and use of the Site, Content, and/or any Services are expressly conditioned upon your compliance with these Terms and Conditions of Use. By accessing, browsing, and/or using the Site, Content and/or Services, you agree to be bound by these Terms and Conditions of Use, including the Privacy Statement (collectively, the “Terms of Use”) and to comply with all applicable U. S. laws and regulations. If you do not or cannot agree to these Terms of Use, you should not use the Site, Content and/or any of the Services.

Modification of Terms of Use

You acknowledge and agree that we may update, revise, supplement and otherwise modify these Terms of Use and impose new or additional terms and conditions on your use of the Site, Content and/or Services from time to time. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions will be effective immediately and incorporated into these Terms of Use. If we change our Terms of Use, we will post a new statement on our Site and change the date. By continuing to access or use the Site, Content and/or Services after we make any such updates, revisions, supplements, modifications and additions, you agree to be bound by the revised Terms of Use. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Site for any updates or changes.

Privacy

For information on Così® practices and policies related to the collection and use of your personal information, please refer to Così® Privacy Statement contained on Così® website at www.getcosi.com. If you have any questions about our Privacy Statement or our use of your personal information, you can email us at contactus@getcosi.com.

Your Use of the Content

Così® authorizes you to download, view and print a single copy of any Content, solely for your personal and non-commercial purposes and subject to the restrictions set forth in these Terms of Use. Commercial use of any of the Content on the Site is strictly prohibited without the express prior written permission of Così®.

Così® Property

All right, title and interest in and to the Site, Content and Services, including, without limitation, the trademarks, trade names, service marks, logos, copyrights and other intellectual property rights (the “Trademarks”), are and will remain the exclusive property of Così®, its subsidiaries, affiliates and/or licensors. The Site, Content and Services are protected by copyright, trademark and other laws of both the United States and foreign countries. Except as otherwise expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly perform, transmit, or otherwise use the Site, Content and/or Services. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content or Services on or in connection with any other website, for any purpose. In all copies of this information, you must include this notice and any other copyright notices originally included with such information.

Intellectual Property Rights

The Trademarks used and displayed on the Site are registered and unregistered Trademarks of Cosi and/or its subsidiaries and affiliates and/or its licensors. Nothing in these Terms of Use or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without in each case the express prior written permission of the Trademark owner.

Feedback and Submissions

While we appreciate your interest in Così®, we do not want and cannot accept any ideas or information you consider to be proprietary, including, without limitation, product or advertising ideas, designs, product technology and other suggestions you may have developed. Consequently, any ideas, information, materials, suggestions, ideas, graphics, concepts, know-how, techniques or other information you submit to Così® through this Site (“Submission”) will forever be the property of Così®. Così® will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere, and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. If any court determines that Così® does not retain exclusive ownership of any such Submission (or portion thereof), then you will be deemed to grant to Così® a royalty-free, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and contribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called “moral rights” have been waived. This paragraph is not intended to apply to any personal information about you, the use of which will be governed by Così® Privacy Statement.

General Prohibitions

You agree not to do any of the following while using the Site, Content or Services:
post, publish or transmit any text, graphics or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; access, tamper with or use non-public areas of the Site, Così® computer systems, or the technical delivery systems of Così® providers; attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures; attempt to access or search the Site, Content or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Così® or other generally available third-party web browsers (such as Microsoft Internet Explorer or Netscape Navigator); send unsolicited email, junk mail, “spam”, chain letters, promotions or advertisements for products or services; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content or Services to send altered, deceptive or false source-identifying information; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content or Services; interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mailbombing the Site; or impersonate or misrepresent your affiliation with any person or entity. Così® will have the right to investigate and prosecute violations of any of the above, including intellectual property rights’ infringement and Site security issues, to the fullest extent permitted by law. Così® may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Così® has no obligation to monitor your access to or use of the Site, Content and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Così® of such websites or resources or the content, products or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination

If you violate any of these Terms of Use, your permission to use the Site, Content and Services will automatically terminate. We reserve the right to revoke your access to and use of the Site, Content and Services at any time, with or without cause. We also reserve the right to cease providing or to change the Site, Content or Services at any time and without notice.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content and Services is at your own risk. We will have no responsibility for any hard to your computer system, loss of data or other harm that results from your access to or use of the Site, Content or Services.

Guard Your Password

You are responsible for safeguarding any password that you use to access any secure areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Così® of any unauthorized use of your password.

The Site is Available “As Is”

THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COSÌ® EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
COSÌ® MAKES NO WARRANTY THAT THE SITE, CONTENT OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS. COSÌ® MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COSÌ® OR THROUGH THE SITE, CONTENT OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

By using the Site, you agree to defend, indemnify and hold harmless Così®, its affiliates and subsidiaries, and its and their respective officers, directors, employees and agents, from and against any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and expenses, arising out of or in any way connected with your access to or use of the Site, Content or Services, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER COSÌ®, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT OR SERVICES, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, TORT) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COSÌ® HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You specifically acknowledge that Così® is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. Further, Così will have no liability to you or to any third party for any third-party content uploaded onto or downloaded from the site or through the services.
YOU AGREE THAT THE AGGREGATE LIABILITY OF COSÌ® TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO AMOUNTS YOU HAVE PAID TO COSÌ® FOR ACCESS TO AND USE OF THE SITE, CONTENT OR SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COSÌ® AND YOU.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Severability

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. However, if such invalid or unenforceable provision may be modified so as to be enforceable as a matter of law, such provision will be deemed to be modified so as to be valid and enforceable to the maximum extent permitted by law.

Waiver

The failure of Così® to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action relating to these Terms of Use will be interpreted and governed by the laws of the State of Illinois without regard to its conflicts of law principles. You agree that the parties shall settle any claim or dispute relating to these Terms of Use by binding arbitration in Chicago, Illinois, under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under or relating to these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. NOTWITSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH IN THIS SECTION, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO OR USE OF, THE SITE, INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE APPROPRIRATE STATE OR FEDERAL COURTS LOCATED IN COOK COUNTY, STATE OF ILLINOIS, U.S.A., AND YOU HEREBY IRREVOCABLY WAIVE ANY OBJECTION THE JURISCTION AND VENUE IN SUCH COURTS.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Così® and you regarding the Site, Content and Services, and these Terms of Use supersede and replace any prior agreements between Così® and you regarding the Site, Content and Services.

For More Information

If you have any questions regarding our Terms of Use, please contact us by email at contactus@getcosi.com  or write to us at Così, Inc., 294 Washington Street, Suite 510, Boston, MA 02108, Attention: Terms of Use / Legal Department.

COSÌ, INC.

COSÌ CARD® Agreement of Terms and Conditions of Use

This Agreement governs your use of the Così Card®. Beginning November 20, 2006, this Agreement also governs your use of the Così Card®. References in this Agreement to "Così", "us", "we", and "our" mean Così, Inc. and its subsidiaries and affiliates.

Part One of this Agreement describes general terms and conditions that apply generally to your Così Card®. Part Two of this Agreement describes additional terms and conditions that apply to the Stored Value Account of your Così Card®. Part Three of this Agreement describes additional terms and conditions that apply to the Loyalty Rewards Program of your Così Card®. Part Four of this Agreement contains additional legal terms that apply to the CosìCard, including information regarding Così's Privacy Statement, and our right to terminate or make changes to this Agreement and the Così Card®.

PART ONE: Così Card® – General Terms and Conditions

Stored Value Account and Loyalty Rewards Program.

The Così Card® is issued by Così® and replaces our "Frequent Diner/Coffee" stamp program, which expired on December 31, 2006. The Così Card® has two features. It can be used as a stored value (gift card/pre-paid) account ("Stored Value Account") and it can be used to earn frequency rewards ("Loyalty Rewards Program").

Use of Così Card®.

Your use of the Così Card® is expressly conditioned upon your compliance with this Agreement. By using the Così Card®, you agree that you have read and understand and agree to be bound by this Agreement, including the Privacy Statement, and to comply with all applicable U. S. laws and regulations. If you do not or cannot agree to this Agreement, please do not use the Così Card®. Participation rules are void to the extent where prohibited by law. Taxes may apply where required by law. Use of your Così Card® is subject to present and future program rules.

Registering your Così Card®.

To register your Così Card®, please visit our website at http://www.getcosi.com/cosi-card/register-new-card and complete the registration process. Please update your registration information immediately if you change any of your registration information. If your card is lost, stolen or damaged, it can be replaced with any remaining balance on your Stored Value Account and/or earned rewards on your Loyalty Rewards Program only if your Così Card® has been registered, as described in Part Two and Part Three below. You must register your Così Card® online to redeem frequency rewards.

When you register your Così Card®, you agree to receive advertising, marketing materials and other communications from Così® by email.

Participating Così® Restaurants. 

Most Così® restaurants in the United States accept your Così Card®. Certain Così® restaurants or Così-branded locations may not permit you to use the Così Card® for payment. To find out whether or not a particular Così® location is accepting the Così Card®, you can check the specific location under "Così® Locator" at http://www.getcosi.com/locations. If a particular Così® restaurant or Così-branded location is not accepting the Così Card®, it will be indicated in the Così® Locator section of the website under that location's information. We reserve the right not to accept any Così Card® or otherwise limit use of a Così Card® if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

Billing Errors; Corrections. 

We reserve the right to correct the balance of our Così Card® Stored Value Account or Loyalty Rewards Program if we believe that a clerical, billing or accounting error occurred. If you have any questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Così Card®, please send us a Talk to Us email from our website at www.getcosi.com or call 1.888.611.COSÌ (2674). We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We will have no liability for any billing error unless you can provide us notice within sixty (60) days of the date of the transaction in question. You should monitor your transactions and account balances closely.

PART TWO: Così Card® Stored Value Account

About the Così Card® Stored Value Account. 

The Così Card® allows you to load a dollar value onto your Così Card® for future purchases at participating Così® restaurants. The dollar value that you load onto your Così Card® is a pre-payment only for the purchase of goods and services at participating Così® restaurants. This is not a credit card or bank card and there is no credit line, overdraft protection or deposit account associated with a Così Card®. Unless otherwise required by law or permitted by this Agreement, any amount on your Così Card® is non-refundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Così Card® will accrue or be paid or credited to you by COSÌ®. The value associated with the Così Card® is not insured by the Federal Deposit Insurance Corporation (FDIC).

Loading Value on Your Così Card®

In the United States, you can load a dollar value on the Così Card® by using a credit card, debit card or cash by visiting any participating Così® restaurant or by going online to www.getcosi.com/cosi-card.  You may not load more than $1,000 worth of value to your Così Card®. The minimum amount that must be loaded to your Così Card® is $5.00. We may change the maximum and minimum amounts at any time by notifying you at the point of sale, by telephone when you call, or on the Così® website, and such change shall not constitute an amendment to this Agreement. All amounts loaded onto your Così Card® are held and denominated in U. S. currency. Transactions that occur on our website are denominated in U.S. dollars.

Fees and Expiration of CosìCard Balances.

Your Così Card® does not expire and you will not be charged any fees for any reason.

Receipts and Statements for Così Card® Stored Value Account. 

Cardholders are not sent statements of itemized transactions for their Così Card® Stored Value Account. You can check the balance of your Così Card® Stored Value Account by calling 1.888.611.COSÌ (2674) or review recent transactions on your Così Card® Stored Value Account at our website at www.getcosi.com/cosi-card. Click on "Get Cosi", then"Cosi Card", and then "Manage Your Account". The account balance for a Così Card® Stored Value Account also will appear on your register receipt from a point-of-sale register. When you use your Così Card®, you will receive a receipt but you will not be asked to sign the receipt. The register receipt will indicate that the purchase was made using a Così Card® and will provide the remaining balance of your Così Card® Stored Value Account. You should keep your receipts and check your online statement to ensure that your account balance is correct.

Liability for Unauthorized Transactions; Replacing your Così Card® Stored Value Account.

Your Così Card® Stored Value Account is used like cash for purchases from Così®, and you are responsible for all transactions associated with your Così Card®, including unauthorized transactions. If your Così Card® is lost, stolen, or destroyed, the Così Card® can be replaced with the balance remaining on it at the time you notify us that the card has been lost, stolen, or destroyed, but only if you have previously registered your Così Card® with us. Please notify us immediately if you change any of your registration information. If your Così Card® becomes lost, stolen or damaged, you should contact us immediately by calling 1.888.611.COSÌ (2674) or by sending us a Talk to Us email from our website at www.getcosi.com. Your Così Card® balance is only protected from the point in time you notify us that your Così Card® is missing. We will freeze the remaining balance on your Così Card® at the time you notify us and will load that remaining balance on a replacement Così Card® and mail it to you.

PART THREE: Così Card® Loyalty Rewards Program

About your Così Card® Loyalty Rewards Program.

The Così Card® allows you to earn rewards for your frequent purchases of certain products at participating Così® restaurants:

  • Buy 10 Entrees, Get One FREE! After you purchase 10 entrees, your rewards can be redeemed for one free entrée of your choice on your next transaction. Entrees include all sandwiches, breakfast sandwiches, entrée salads pizzas and test entrée items. Soups are not included.
  • Buy 10 Specialty Beverages, Get One FREE! After you purchase 10 specialty beverages, your rewards can be redeemed for one free specialty beverage of your choice on your next transaction. Specialty beverages include coffee, barista and handcrafted only (does not include soft drinks, grab and go beverages, etc.).
  • Special Situations. If purchasing a Breakfast Sandwich Bundle, you will receive one entrée point only; an entrée reward may be redeemed for a Breakfast Sandwich Bundle.
  • Catering Excluded. Catering orders are not eligible for the Così Card® Loyalty Rewards Program.

Fees and Expiration of Così Card® Balances. 

Rewards do not expire.

Receipts and Statements for your Così Card® Loyalty Rewards Program. 

Cardholders are not sent statements of itemized transactions from the Così Card® Loyalty Rewards Program. You can check the balance of your Cosi Card® Loyalty Rewards Program by calling 1.888.611.COSÌ (2674) or review recent transactions on your Così Card® Loyalty Rewards Program at our website at www.getcosi.com/cosi-card. Click on "Manage Your Account". The rewards balance for a Così Card® Loyalty Rewards Program also will appear on your register receipt from a point-of-sale register. When you use your Così Card®, you will receive a receipt but you will not be asked to sign the receipt. The register receipt will indicate any earned rewards or rewards used in the purchase and the rewards balance for your Cosi Card® Loyalty Rewards Program. You should keep your receipts and check your online statement to ensure that your rewards balance is correct.

Lost, Stolen or Damaged Cards.

If your Così Card® is lost, stolen, or destroyed, the Così Card® can be replaced with the rewards balance remaining at the time you notify us that the card has been lost, stolen, or destroyed, but only if you have previously registered your Così Card® with us. To register your Così Card®, please visit our website at www.getcosi.com/cosi-card. Please notify us immediately if you change any of your registration information. If your Così Card® becomes lost, stolen or damaged, you should contact us immediately by sending us a "Talk to Us" email from our website at www.getcosi.com/cosi-card.html. Your Così Card® balance is only protected from the point in time you notify us that your Così Card® is missing. We will freeze the rewards balance on your Così Card® at the time you notify us by Talk to Us email. On our next visit to a participating Così® restaurant, you can pick up a new Così Card® with your purchase and have the register operator activate your new Così Card® through the register. Register your new Così Card® online at our website at www.getcosi.com/cosi-card. After registering your new Così Card®, send us another Talk to Us email instructing us to transfer the rewards balance from the old card to your new Così Card®, and we will transfer the rewards balance to your new Così Card®.

Frequency Rewards Not Transferable. 

Your frequency rewards are not transferable and rewards may not be combined among Così Card® users or conveyed by any means to any other person.

Employees Not Eligible. 

Employees of Così, Inc. are not eligible to participate in the Loyalty Rewards Program. 

PART FOUR: Important Legal Terms

Privacy Statement.

For an explanation of our practices and policies relating to the collection, use and storage of your personal information, please refer to Così's Privacy Statement contained on our website at www.getcosi.com/privacy-policy. If you have any questions about our Privacy Statement or our use of your personal information, you can send us a Talk to Us email from our website at www.getcosi.com/talk-to-us.

Changes to this Agreement. 

You acknowledge and agree that we may update, revise, supplement and otherwise modify the terms of this Agreement and impose new or additional terms and conditions on your use of Così Card®, at any time and from time to time. As permitted by applicable law, such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions will be effective immediately when posted on this website or as stated in any notice to you. Unless we state otherwise, the updates, revisions, supplements, or modifications will apply to your future and existing Così Cards®. If we change this Agreement, we will post a new statement on our website at www.getcosi.com/terms-of-use. By continuing to use the Così Card®, you agree to be bound by the revised Agreement.

Termination. 

We may suspend or terminate this Agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may result from your violation of any of the terms and conditions of this Agreement or your fraudulent or unauthorized use of the Così Card®. If we terminate this Agreement and your use of the Stored Value Account of your Così Card® without cause, we will refund or issue restaurant credits equal to the balance held in the Stored Value Account of your Così Card® less any amounts that you may owe us. In the event this Agreement is terminated, this Part Four shall survive in accordance with its terms.

Governing Law.

This Agreement and any action relating to this Agreement or the Così Card® will be interpreted and governed by the laws of the State of Illinois without regard to its conflicts of law principles.

Arbitration Rights.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to this Agreement and/or your use of the Così Card®. Any dispute or claim made by you against us or any of our affiliates arising out of or relating to this Agreement or your use of the Così Card® (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that (a) you may take claims to small claims court if they qualify for hearing by such court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, even for those claims that may be taken to court, you and we both waive any claims for punitive damages and any right to pursue claims on a class action basis.

Arbitration Procedures. You must first present any claim or dispute to us by contacting us to allow us an opportunity to resolve the claim or dispute. If the claim or dispute is not resolve within 60 days after you contact us, you may request arbitration. The arbitration of any claim or dispute shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association. You and we agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and we agree otherwise, any arbitration shall be conducted in Chicago, Illinois, and will be conducted in English. An arbitrator may not award relief in excess of or contrary to the limits set forth in this Agreement, or award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying the Commercial Arbitration Rules applicable to large/complex cases, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the Commercial Arbitration Rules. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. To the fullest extent permitted by applicable law, no arbitration under or relating to this Agreement or your use of the Così Card® shall be joined to an arbitration involving any other party subject to this Agreement or using the Così Card®, whether through class arbitration proceedings or otherwise. 

If any portion of this arbitration provision is determined by a court of competent jurisdiction to be inapplicable or invalid, the remainder of this provision shall be given full force and effect.

Costs of Arbitration. All administrative fees and expenses of arbitration will be divided equally between you and us. In al arbitrations, each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration.

Waiver of Punitive Damage Claims and Class Actions. By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.

Disclaimers and Limits of Liability. 

COSÌ, INC. MAKES NO REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE COSÌ CARD®, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. COSÌ® DOES NOT REPRESENT OR WARRANT THAT YOUR COSÌ CARD® WILL ALWAYS BE ACCESSIBLE OR ACCEPTED.

IN THE EVENT THAT COSÌ® OR ITS AFFILIATES OR SUBSIDIARIES ARE FOUND LIABLE TO YOU, YOU SHALL ONLY BE ENTITLED TO RECOVER ACTUAL AND DIRECT DAMAGES, AND SUCH DAMAGES SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR COSÌ CARD®. COSÌ® AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE OR USE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR USE OF YOUR COSÌ CARD®, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, OR DESTRUCTION OF A COSÌ CARD®® THROUGH ACCIDENT, MISUSE, OR FRAUDULENT MEANS OR DEVICES BY YOU OR ANY THIRD PARTY, OR AS A RESULT OF ANY DELAY OR MISTAKE RESULTING FROM ANY CIRCUMSTANCES BEYOND OUR CONTROL.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this Agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Assignment. 

We may assign all or any part of this Agreement, without such assignment being considered a change in the Agreement, and without notice to you. We are then released from all liability. Our assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this Agreement.

Entire Agreement; Construction. 

This Agreement is the complete and exclusive statement of agreement between you and Così, Inc., and supersedes and merges all prior proposals and all other agreements, whether oral or written. If any provision, or any portion of any provision, of this Agreement, shall be determined to be illegal or unenforceable in whole or in part, such provision (or portion of such provision) shall, as to such jurisdiction, be ineffective to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable to the maximum extent permitted by law.

Inquiries or Questions. 

If you have any questions regarding this Agreement or your Così Card®, or the Stored Value Account or Loyalty Rewards Program of your Così Card®, please visit our website at www.getcosi.com and send us a Talk To Us email, or write to us at Così, Inc., 294 Washington Street, Suite 510, Boston, MA, 02108, Attention: Così Card® / Legal Department.

"Così", (Sun & Moon Design)" and related marks are registered trademarks of Così, Inc. in the United States and certain international countries. © 2006-2016 Così, Inc. All rights reserved.

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