Please read the Sweetpass Program Agreement (the “Agreement”) carefully. The terms and conditions may have changed since you last read them. By (A) registering for an account with sweetgreen using the App or online at order.sweetgreen.com, (B) using any Perk (as defined below) or otherwise participating in sweetgreen’s Sweetpass Program, or (C) if you have a registered sweetgreen account prior to February 21, 2023 and declined to opt out of the Sweetpass Program after receiving email notice of your enrollment in the Sweetpass Program, in each case of clauses (A), (B) or (C), you agree to the terms and conditions of this Agreement. If you do not agree to be bound by this Agreement in accordance with this paragraph, including any changes or modifications of the Agreement, you may not participate in sweetgreen’s Sweetpass Program. If you wish to opt-out of the Sweetpass Program, you can email us at email@example.com.
1. Membership. The Sweetpass Program (the “Program”) is offered by Sweetgreen, Inc. (“sweetgreen,” “we,” “us,” or “our”) to eligible individuals who enroll in the Program (“Members,” “you,” or “your”). To become a Member and earn and receive Perks (as defined below), you must create an account on order.sweetgreen.com or using sweetgreen’s mobile application (“App”) and enroll in the Program pursuant to one of the methods set forth in the introductory paragraph above. To download and use the App you must have a compatible mobile device (iOS or Android). sweetgreen does not warrant that the App will be compatible with your mobile device.
Individual residents of the 50 United States and the District of Columbia who are 16 years of age or older may enroll to become Members. If you are between the ages of 16 and 18 (or the age of majority in your jurisdiction of residence, if higher than 18), you may access and participate in the Program only with the consent and under the supervision of your parent or legal guardian. For the avoidance of doubt, only natural persons transacting in their personal capacity and for their own account (which may be by using a work or personal email) are eligible to participate in the Program. Third party aggregators, groups, organizations, and business entities are not eligible to become Members or earn Perks. sweetgreen reserves the right to delay enrollment until your membership eligibility is confirmed.
Your membership is non-transferable and you may only have one (1) membership at a time. If we discover that you have multiple memberships in the Program or otherwise violate this Agreement, we reserve the right to terminate all such membership accounts in accordance with Section 7 and invalidate any Perks associated with such accounts.
2. Membership Levels. There are two levels of membership – Sweetpass and Sweetpass+. When you become a Member, you are automatically enrolled at the Sweetpass level. You must be a Sweetpass member to enroll in the Sweetpass+ level of membership. There are no participation or membership fees associated with the Sweetpass level of membership. After becoming a Sweetpass Member, you may elect to separately enroll in Sweetpass+. Sweetpass+ is a paid monthly membership that renews automatically until canceled. For more details on the terms and conditions regarding the Sweetpass+ membership, see Section 8 of this Agreement.
3. Membership Level Perks. Each membership level includes certain benefits and rewards as set forth below (collectively, “Perks”), which may be changed by sweetgreen at any time in its sole discretion by updating this Agreement. All Perks are promotional in nature, are non-transferable, have no cash value and cannot be redeemed for cash or any cash equivalent (except as required by law).
Perks are subject to the following terms and conditions:
A. Sweetpass Perks
The following Perks may be offered to both Sweetpass and Sweetpass+ Members:
Rewards & Challenges: To earn rewards by participating in a challenge (each, a “Challenge”), you must first affirmatively opt-in to that individual Challenge by selecting “start Challenge” in the sweetgreen App or at order.sweetgreen.com/sweetpass. Specific Challenges may only be offered to selected Members based on criteria determined by sweetgreen in its sole discretion. To earn certain sweetgreen benefits (“Rewards”) corresponding to any Challenge that you opt into, you must complete all necessary steps for that Challenge prior to the stated “end date” as provided in the applicable Challenge’s terms and conditions. Additional terms and conditions for each Challenge and Challenge Reward shall apply, which will be provided in your sweetgreen app (iOS or Android) or on the order.sweetgreen.com/sweetpass page.
Earning Rewards. Challenges can only be completed by purchasing certain items or reaching a specific spend level, order frequency or other thresholds as described in the specific Challenge’s terms and conditions. Challenge requirements by placing qualifying digital pickup, sweetgreen native delivery, or Outpost orders using the App or order.sweetgreen.com, in each case, as specified in the applicable Challenge’s terms and conditions. Challenge requirements cannot be completed by ordering in-store at any sweetgreen location (including if paying using Scan to Pay via the App) or by ordering through any third-party platforms (including third-party delivery marketplaces such as DoorDash, GrubHub, Uber Eats or Postmates), or by placing catering orders. The redemption of any Reward, or the payment of taxes, tips, subscription fees, Sweetpass+ membership fees, merchandise, gift cards, or any other fees, including bag fees, service fees and delivery fees, will not be counted toward the completion of any Challenge.
Using Rewards. Any Reward earned from completing a specific Challenge (“Challenge Rewards”) must be redeemed for a future transaction with sweetgreen by the stated expiration date for such Reward. Challenge Rewards can only be redeemed in connection with qualifying pickup, sweetgreen native delivery and Outpost orders placed using the App or order.sweetgreen.com, as specified in the applicable Challenge Reward. Challenge Rewards cannot be redeemed for in-store purchases, including in-store orders paid for using Scan to Pay via the App or in connection with orders placed through any third-party platforms (including third-party delivery marketplaces, such as DoorDash, GrubHub, Uber Eats or Postmates), or with catering orders. Challenge Rewards can only be used once and must be redeemed by the Member associated with the email address connected to the account that earned the applicable Challenge Reward. Challenge Rewards cannot be used for alcoholic beverages, taxes, tips, subscription fees, membership fees, merchandise, gift cards, or any other fees, including bag fees, service fees and delivery fees. All Challenge Rewards are promotional in nature, non-transferable, non-refundable, have no cash value, and cannot be redeemed for cash or any cash equivalent (except as required by law).
Birthday Gift: if you voluntarily provide your day and month of birth in connection with your registration for a digital account on the App or on order.sweetgreen.com, on or around your birthday, a Birthday Gift Reward of up to $10 value (which may be in the form of a credit for use as a discount with a qualifying food or beverage order or a complimentary food or beverage item) will appear in your account. The Birthday Gift Reward expires (1) one week after issuance, may not be used for alcoholic beverages, can only be claimed once per eligible user and must be redeemed in the sweetgreen account associated with the email address at which you received this Reward from sweetgreen. The Birthday Gift Reward can only be redeemed in connection with digital pickup, sweetgreen native delivery, or Outpost orders placed using the App or order.sweetgreen.com. Not valid for in-store orders, including in-store orders paid for using Scan to Pay via the App, orders on any third-party platforms (including third-party delivery marketplaces such as DoorDash, GrubHub, Uber Eats or Postmates), or catering orders. The Birthday Gift Reward is promotional in nature, non-transferable, non-refundable, subject to change, has no cash value and cannot be redeemed for cash or any cash equivalent (except as required by law). If you do not provide your day and month of birth in connection with your registration of your digital account, you won’t receive a Birthday Gift Reward.
Access to Sweetpass Exclusives: from time to time, you may receive access to online-only exclusive menu items that will be available for pickup, sweetgreen native delivery and Outpost purchases made using the App or order.sweetgreen.com. Sweetpass exclusives cannot be accessed by ordering in-store at any sweetgreen location, including in-store orders paid for using Scan to Pay via the App, or through any third-party platforms (including third-party delivery marketplaces such as DoorDash, GrubHub, Uber Eats or Postmates), and are not offered with catering orders.
Merch Drops: from time to time, you may receive access to (i) giveaways of limited-edition or other sweetgreen merchandise, or (ii) early opportunities to purchase sweetgreen merchandise. Details of each merch drop, including how to have the opportunity to participate or purchase (as applicable), will be provided to Sweetpass Members selected by sweetgreen in its sole discretion.
B. Sweetpass+ Perks
In addition to the Perks above, Sweetpass+ Members, will receive the following Perks:
Daily $3 Off: Each day during your membership period, Sweetpass+ Members shall receive one $3 discount (the “Daily $3 Off”) redeemable in connection with one Eligible Digital Order (as defined below). The Daily $3 Off cannot be redeemed in connection with more than one Eligible Digital Order completed during any twelve (12) hour period (as measured based on the time of the placement of the order, regardless of the time of the completion of the pickup or delivery). To qualify for redemption of a Daily $3 Off, an “Eligible Digital Order” must: (1) be at least $9.95 in minimum food and/or beverage cost (not including gift cards, merchandise, tax, bag, delivery and service fees, and after the application of all promotions, Rewards and the value of employee stipends from the Outpost program); and (2) be either a pickup, sweetgreen native delivery or Outpost purchase made using the App or order.sweetgreen.com. The Daily $3 Off may not be redeemed in connection with orders placed in-store, including in-store orders paid for using Scan to Pay via the App, or orders placed on any third-party platforms (including third-party delivery marketplaces such as DoorDash, GrubHub, Uber Eats or Postmates), or catering orders. Only one Daily $3 Off can be applied per transaction. Member must select the “Daily $3 Off” offer in their bag at checkout for the Daily $3 Off to apply to the order while on order.sweetgreen.com or on the App. The Daily $3 Off is promotional in nature, is non-transferable, non-refundable, subject to change, has no cash value and is not redeemable for cash or any cash equivalent (except as required by law).
Monthly $0 Delivery Fee for Dinner: once each month (with each month determined based on the date of your Sweetpass+ billing cycle as described below), Sweetpass+ Members shall be issued a Reward for a “$0 delivery fee” order (the “$0 Delivery Reward”) that can be applied to a single Member sweetgreen native delivery order placed through the sweetgreen App, or at order.sweetgreen.com after 4 PM local time (as measured based on the time of the placement of the order, regardless of the time of the completion of the delivery) on any day prior to the end of the Member’s then-current Sweetpass+ billing cycle. A separate service fee may [GP6] still be applied to all delivery orders. The $0 Delivery Reward is valid for delivery from all sweetgreen locations offering delivery after 4 PM local time, although delivery service area radii restrictions apply and deliveries are subject to availability. The $0 Delivery Reward cannot be combined with other sweetgreen Rewards, and customer must select the “$0 Delivery” Reward within the checkout flow on the App or at order.sweetgreen.com for the $0 delivery fee to be applied to the order. The $0 Delivery Reward can only be used once during any month (with each month determined based on the date of your Sweetpass+ billing cycle). Unused $0 Delivery Rewards will expire at the end of such monthly billing cycle. The $0 Delivery Reward does not apply to any delivery orders placed on any third-party platforms (including third-party delivery marketplaces such as DoorDash, GrubHub, Uber Eats or Postmates) or to any catering orders. The “$0 Delivery” Reward is promotional in nature, is non-transferable, non-refundable, subject to change, has no cash value and is not redeemable for cash or any cash equivalent (except as required by law).
Friends of Earth Perk: sweetgreen will donate fifty percent (50%) of a Sweetpass+ Member’s first paid monthly membership fee to a nonprofit organization with a mission focused on sustainability. sweetgreen will make the donation for all eligible Sweetpass+ memberships once per year (with the timing of such donation to be determined in sweetgreen’s sole discretion) for all new memberships in the prior 12 months. sweetgreen shall have the sole discretion to determine the applicable beneficiary organization for any year but may solicit recommendations from Members.
Sweetpass Support: Sweetpass Support provides you with faster access to sweetgreen customer service representatives to assist you with any requests you may have in connection with sweetgreen’s products and services, including providing personalized recommendations based on your order history and preferences. Priority access is subject to availability.
4. Additional Reward Terms. Rewards can only be redeemed for orders placed with sweetgreen through the App or sweetgreen’s website, in each case, while logged into your sweetgreen account created through the App or order.sweetgreen.com. Rewards cannot be redeemed through any third-party platforms (including third-party delivery marketplaces such as DoorDash, GrubHub, Uber Eats or Postmates), or on any in-store purchases, including if paying using Scan to Pay via the App.
To redeem any Rewards on your App, you must be on App version 2.4.17 or later (iOS) or App version 6.40 or later (Android). To redeem any Rewards, you must affirmatively apply the applicable Reward in the App or on order.sweetgreen.com to your transaction during checkout. If you elect not to apply Rewards in a particular transaction during checkout, no Rewards will be applied to your order and they will remain in your account until the applicable expiration date. Multiple Rewards cannot be redeemed in a single transaction. If you have multiple Rewards, you will be able to select which Reward you want to use for the applicable transaction. sweetgreen reserves the right to restrict the use of Rewards in combination with other discounts and promotions.
The redemption value associated with a Reward will never exceed the total purchase price of the order for which it is redeemed. If a full Reward is not used when redeemed (e.g., the value of the full Reward is greater than the order purchase price), no remaining balance will be available for use in a future transaction. All Rewards issued through the Program are fully exhausted by their first use.
Rewards are automatically tracked and allocated to each Member’s account by sweetgreen or our service providers and our decisions and records regarding such calculations and benefits will be final and binding in all respects. Your eligibility to receive Rewards is subject to verification. Any Rewards that cannot be verified to the satisfaction of sweetgreen are subject to adjustment, cancellation or disqualification at our sole discretion.
sweetgreen will not be liable for the failure of any Rewards to be accurately credited or awarded as a result of any human error or technical failure or error, including, but not limited to, (i) any failure of the App or the order.sweetgreen.com website; (ii) any technical malfunction or other problems relating to any network, computer system, servers, access providers, computer equipment or software; and/or (iii) any combination of the foregoing. sweetgreen shall not be obligated to issue retroactive Rewards for any reason (e.g., if you forget your mobile device or forget to login to your account on order.sweetgreen.com or use the App when ordering, you will not earn Rewards for your order).
Rewards are promotional in nature, non-transferable, non-refundable, have no cash value, and are not exchangeable for cash or any cash equivalent under any circumstances (unless required by law). Rewards have no value outside of this Program.
Rewards cannot be assigned, exchanged, sold, traded, bartered, purchased, given by gift or otherwise transferred. Any Rewards so acquired are void. Rewards cannot be redeemed for gift cards, cash, or gift certificates. The accumulation of Rewards does not entitle the Member to any vested rights, and sweetgreen does not guarantee in any way the continued availability of any reward.
All expiration times referenced in this Agreement (including expiration times for any specific reward or Challenge) expire on the date of the applicable expiration time. sweetgreen’s computer clock is the official timekeeping device for expirations.
sweetgreen reserves the right, in our sole and absolute discretion, to (i) suspend or terminate a Member’s account at any time for any reason or (ii) invalidate any Rewards we deem to have been awarded in error, or as the result of the use of an account to make orders by or on behalf of a third party aggregator, group, organization, or business entity or any actual or suspected fraudulent or dishonest activity (including without limitation, the use of any system, macro, script, or bot to manipulate the Program). Reasons for account suspension or termination or reward invalidation may include, without limitation, disorderly personal conduct at a sweetgreen location which actually or potentially harms sweetgreen, its parents, subsidiaries, affiliates, officers, employees, contractors, agents, business partners, and licensors or any third party, violations of law, or any other activity not in keeping with the letter and/or spirit of this Agreement, as interpreted by us in our sole and absolute discretion. If your account has been suspended or terminated, you forfeit any accumulated Rewards and are prohibited from registering for a new account without the prior written permission of sweetgreen. sweetgreen is not liable for Rewards sent to suspended or terminated accounts.
5. Redemption Order of Priority. We reserve the right in our sole discretion to determine the order in which Rewards are applied to transactions and their priority in relation to promotional codes, gift cards, or other payment credits unrelated to the Program that are associated with your account. We cannot guarantee that the Rewards and/or credits with the earliest expiration dates will be given priority in all transactions and you agree to monitor your account regularly to verify the status of your Rewards and/or credits.
6. E-mail Communications. By participating in the Program, you agree to receive e-mail communications from sweetgreen regarding the Program, including without limitation, communications regarding your Perks, Rewards and membership level; annual renewals of your Sweetpass+ membership; incentives; promotions and events; new products; reward or Challenges expiration notifications; and commercial messages which may be of interest to you. To unsubscribe from sweetgreen’s commercial e-mail list, use the unsubscribe link in any commercial e-mail message you receive. If you request to unsubscribe, you may still receive administrative e-mails from time to time regarding your account and updates to this Agreement.
7. Program Termination/Modification. sweetgreen may terminate the Program (including the Sweetpass+ membership terms) at any time, with or without notice, which may result in the cancellation of all Perks, Rewards, privileges and benefits associated with the Program. Notwithstanding the foregoing, if sweetgreen terminates the Sweetpass+ membership level of the Program, we will provide all Sweetpass+ Members with prior notice of our decision and an opportunity to use their Sweetpass+ Perks through the end of their then current monthly membership period. Except as otherwise expressly set forth in this Agreement, sweetgreen reserves the right to modify any of the rules, terms, conditions, and benefits of the Program at its sole discretion, with or without notice. Interpretation of this Agreement shall be at the sole discretion of sweetgreen, whose decision will be final. Your continued use of the Program indicates your acceptance of any revised terms. You may cancel your membership in the Sweetpass program at any time by reaching out to our CX team at firstname.lastname@example.org. For additional terms on how to cancel the automatic renewal of your Sweetpass+ membership, but continue your membership in Sweetpass, please refer to Section 8(B) of this Agreement.
8. SWEETPASS+ MEMBERSHIP BILLING AND AUTOMATIC RENEWAL TERMS.
A. Monthly Subscription:
General. Sweetpass+ is an automatically renewing premium membership level with monthly fees that will be automatically charged to your designated payment method until your Sweetpass+ membership is canceled. You must be a member of the Program at the free Sweetpass level of Program participation to enroll in Sweetpass+ and must separately and affirmatively join the Sweetpass+ level of the Program to enroll. A Sweetpass+ membership grants you access to Sweetpass+ Perks as described in Section 3 of this Agreement. If you enroll in Sweetpass+, you agree that your membership will be subject to the terms and conditions of this Agreement, including this Section 8.
Automatic Renewal and Billing. Your Sweetpass+ membership will automatically renew on a monthly basis, at the end of each disclosed monthly membership billing period, unless canceled by you in accordance with the instructions for cancellation in Section 8(B) below or canceled by us. Payment of the monthly Sweetpass+ membership fee (currently $10.00 plus applicable taxes) will be charged to your chosen payment method at confirmation of purchase (or as such designated payment method may later be modified by you in the App or on our website) and at the start of every new billing period, unless canceled. Gift cards may not be used for payment of the Sweetpass+ membership fee. When you provide a payment method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. Your membership “billing period” is the interval of time between each recurring billing date and corresponds to the monthly term of your Sweetpass+ membership. For purposes of this Agreement, a “day” or “date” begins at 12:00 a.m. Pacific time and ends at 11:59 p.m. Pacific time of that same calendar day. To see your next recurring membership renewal billing date, log in to your account and view your account details. You acknowledge that the timing of when you are billed may vary, including if your Sweetpass+ membership began on a day not contained in a given month (e.g., if you have a monthly membership and became a paying member on January 31, your payment method would be billed next on February 28, then on March 31, then on April 30, etc.), due to free trials and other promotional offers, credits applied, or changes in your membership or payment method. We may also offer you the ability to pause your Sweetpass+ membership for a specified period. If you do not cancel before the end of the pause period, billing will resume automatically.
Pricing Changes. We reserve the right to change our Sweetpass+ membership fee pricing with notice to you. In the event of a price change, we will attempt to notify you in advance of the change by sending an email to the email address you have registered for your account. If you do not wish to accept a price change, you may cancel your Sweetpass+ membership in accordance with the instructions included in that email notice and in section 8(B) below. If you do not timely cancel your Sweetpass+ membership, your membership will be renewed at the price in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts. We will not be able to notify you of any changes in applicable taxes, if any.
Free Trials and Promotions. Your membership in Sweetpass+ may begin with a free trial. Such trial is subject to this Agreement and any additional terms and conditions associated with the promotional offer disclosed at sign-up or provided to Member. Availability of a free trial is not guaranteed and, if one is available, is only available on the specified terms of the free trial. Your first payment for your Sweetpass+ membership will be charged to your chosen payment method (provided by you prior to your free trial period) immediately following the expiration of the free trial period, unless canceled prior to such expiration in accordance with the instructions for cancellation in Section 8(B) below. You can cancel your membership at any time before the end of your free trial, but you will continue to receive the Sweetpass+ benefits for the remainder of your free trial period. We provide notice of the terms of the free trial at the time you sign up and you will not receive a separate notice that your free trial is about to end or has ended, or that your paid membership has begun, unless required by law in particular jurisdictions or instances. We may also offer, in our sole discretion, promotions (e.g., promotional introductory discount pricing) subject to promotional terms disclosed during your sign-up or in other materials provided to you. We will begin billing the same payment method we otherwise have on-file for your membership at the then-current, non-promotional price after your promotion period ends unless you timely cancel prior to the end of your promotion or unless otherwise disclosed. If your Sweetpass+ membership is terminated by sweetgreen for any reason, you shall not be eligible for a free trial on any subsequent Sweetpass+ membership.
Payment Details. You authorize Braintree, a service of PayPal, Inc., or any successor third party payment processor engaged by sweetgreen to store your provided payment method details (e.g., credit card information) for payments for future Sweetpass+ monthly membership fees in accordance with this Agreement. If your payment details change, it is your responsibility to provide sweetgreen with an updated payment method on the “sweetpass membership” section on your App or on the sweetgreen website. Your Sweetpass+ account will not be activated until your payment information is validated by Sweetgreen’s third party payment processor. Where your payment method details change or are due to expire, we or our payment processor may obtain or receive from your payment provider updated payment details including your card number and expiration date. This information enables us to continue to provide you access to your Sweetgreen+ membership without an interruption in service. You authorize us to continue to charge your payment method using the updated information. In the event of a failed attempt to charge to your payment method (e.g., if your payment method has expired), we reserve the right to retry billing your payment method. If a payment is not successfully authorized due to expiration, insufficient funds, or otherwise, we may suspend or terminate your Sweetpass+ membership. You will remain responsible for any amounts you fail to pay in connection with your membership. You also agree that we may charge your payment method on file if you decide to restart your Sweetgreen+ membership after a cancelation.
Sweetpass+ Membership Perk. Subject to your spending a minimum required qualifying annual amount during any calendar year on qualifying orders (as determined in sweetgreen’s sole discretion), sweetgreen may waive your monthly Sweetpass+ membership fee for the following calendar year. Sweetgreen shall not be liable or responsible for any errors in calculating your spend level for any calendar year. The minimum qualifying annual amount to be eligible for this Perk may be changed by sweetgreen for each year in its sole discretion. Sweetgreen may terminate or modify this Perk at any time. Members whose free Sweetpass+ membership fee is not renewed by us at the end of any calendar year agree that after sending them an email notice that their free Sweetpass+ membership has not been renewed, we may resume charging such Member the then current monthly Sweetpass+ membership fee to their payment method on file until their Sweetpass+ membership is canceled in accordance with Section 8(B).
Cancelation of Sweetpass+: You can cancel your Sweetpass+ monthly membership at any time (i) in the “sweetpass membership” section in the App or at order.sweetgreen.com or (ii) by emailing email@example.com. To avoid being charged for your next monthly membership period, you must cancel your Sweetpass+ membership at least forty-eight (48) hours before the next-scheduled monthly membership renewal billing date (which, for the avoidance of doubt, you can view by logging into your account and accessing your account details). For example, if your next scheduled Sweetpass+ monthly membership renewal billing date is April 10, you must cancel by 11:59:59 pm PT on April 8 to ensure you will not be charged for your next monthly Sweetpass+ membership period. Once it starts, each monthly Sweetpass+ membership period is non-refundable. We do not refund or credit for partially used membership periods. If you cancel your Sweetpass+ membership, but later want to re-enroll, you may do so by visiting the “sweetpass membership” section of your Account tab in the App or at order.sweetgreen.com. Upon cancellation of your Sweetpass+ membership, you will continue to be a Sweetpass+ member, and enjoy the Perks (including Rewards) available to you as a Sweetpass+ member, through the end of your then-current monthly membership period. At the end of the then-current monthly membership period, all available Rewards will expire and become permanently non-redeemable. If you choose to cancel your Sweetpass+ monthly membership, you will remain a member of the Sweetpass program at the free Sweetpass membership level unless you opt-out of the Program entirely as described above or delete your sweetgreen account on the App or at sweetgreen.com, but the Sweetpass+ membership associated with your account will be terminated effective at the end of the then-current monthly billing period, and the Sweetpass+ Perks will no longer be available to you after the end of the then-current monthly Sweetpass+ membership period.
9. Change to Your Account Information. You must advise sweetgreen of any change in your name or the address, phone number and/or email address associated with your account. Name, address, email and phone number changes can be made via the App sweetgreen or on the sweetgreen website. sweetgreen is not liable for e-mail communications, Rewards or other Perks sent to outdated contact information.
10. BETA TESTS AND MODIFICATIONSTO THE PROGRAM. THE PROGRAM MAY BE OFFERED TO YOU AS PART OF ONE OR MORE BETA TESTS. YOU AGREE THAT ALL BETA VERSIONS OF THE PROGRAM ARE PROVIDED “AS IS”. SWEETGREEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY BETA OR OTHER VERSIONS OF THE PROGRAM, INCLUDING ANY REPRESENTATION THAT THE SERVICES THEREUNDER WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SWEETGREEN DISCLAIMS ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT OF ANY BETA OR OTHER VERSION(S) OF THE PROGRAM. FOR THE AVOIDANCE OF DOUBT, ALL BETA VERSIONS OF THE PROGRAM SERVICES ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL AND ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PROGRAM SERVICE OFFERING. BETA VERSIONS OF PROGRAM SERVICES MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO THEIR RELEASE FOR GENERAL PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. ACCORDINGLY, YOUR ACCESS TO AND USE OF ANY BETA VERSION OF THE PROGRAM IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL SWEETGREEN BE LIABLE FOR ANY DAMAGE WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE ANY BETA VERSION OF THE PROGRAM, EVEN IF SWEETGREEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF ANY BETA VERSION OF THE PROGRAM. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, WE RESERVE THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE THE PROGRAM (IN WHOLE OR IN PART) AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. ANY FUTURE RELEASE, UPDATE, OR OTHER ADDITION TO FUNCTIONALITY OF THE PROGRAM WILL BE SUBJECT TO THESE TERMS, WHICH MAY BE UPDATED FROM TIME TO TIME. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUATION OF THE PROGRAM (WHETHER ANY BETA VERSION OR OTHERWISE) OR ANY PART THEREOF.