YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 5 TO RESOLVE ANY DISPUTES WITH COFFEENOW.
1.1. Orders and Fees. Fees are based on your order. To use the service, you must have Internet access and provide us with a Payment Method. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time. You hereby authorize CoffeeNow to charge your credit card, debit card, or bank account in connection with the ongoing cost of applicable fees for the service.
1.2. Payment Processing. We will charge the fees for to your Payment Method. Payments are processed through Stripe.
1.3. Transfer and Use. You may not assign or transfer your account to any other person or entity without CoffeeNow consent. You are responsible for providing all mobile and or other computer hardware and software or other equipment necessary to gain access to the service.
1.4. Delivery. Once the products have been delivered and accepted at their intended location, we are not responsible for missing, cold, lost, stolen, or other issues with the product.
1.5. Returns. CoffeNow does not accept returns. We may choose to refund your purchase if your beverage is not correct or otherwise defective for any reason.
1.6. Fees and Gratuities. Any additional fees or gratuities will be reflected in your sub-total when placing your order. Please be kind and tip your barista!
2. Billing and Cancellation
2.2. Payment Methods. To use CoffeeNow service, you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available for payment of your fees. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details. Please keep your Payment Methods up-to-date.
2.3. Cancellation. You can cancel CoffeeNow services at any time by ceasing to use the services.
2.4. Payments Nonrefundable. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
3. CoffeeNow Service
3.1. Proprietary Information. All content of our platform and services is the copyrighted material of CoffeeNow, or the appropriate contributor, as applicable, and is protected by United States and international copyright, trademark, and other applicable laws. The platform and service include content, appearances, and design, as well as trademarks, product names, graphics, logos, slogans, colors and designs that are the property of CoffeeNow, or other third parties, as applicable. Except as set forth in the relevant license agreements, nothing contained in our platform or services grants any license or other right to any of CoffeeNow’s intellectual property or any third parties’ intellectual property. The appropriate party reserves complete title and interest to its intellectual property on or associated with the platform and/or services. You may not copy, modify, distribute, alter, display, reproduce, transfer or republish any of the data of our platform and/or services without obtaining the written permission of the platform and/or services, as applicable.
3.2. Limited Grant. CoffeeNow service and any content viewed through the service are for your personal and non-commercial use only and may not be shared with other individuals. During your CoffeeNow services, you are granted a limited, non-exclusive, non-transferable right to access the service and view CoffeeNow content through the service for your own personal use. No right, title, or interest will be transferred to you. You agree not to use the service for personal gain.
3.4. DMCA Notice. If you are a holder (or agent thereof) of copyright or other proprietary rights and you believe that any services infringe upon such proprietary rights, you may submit a notice to CoffeeNow pursuant to the Digital Millennium Copyright Act by submitting the following information in writing to our copyright agent: (1) The signature (physical or electronic) of the holder (or agent thereof) of a proprietary right that is allegedly infringed; (2) Identification of the work or multiple works alleged to have been infringed; (3) Identification of the material that allegedly infringes or is the subject of infringing activity that is requested to be removed or otherwise modified with information reasonably sufficient to permit CoffeeNow to locate the material; (4) Contact information for CoffeeNow to contact you, including an address, telephone number and/or e-mail address; (5) Your statement that you have a good faith belief that use of the material in question is not authorized by the holder of the proprietary rights, its agent or otherwise under law; and (6) Your statement that the information in the notice to CoffeeNow is accurate and, under penalty of perjury, that you are authorized to act on behalf of the allegedly infringed work. You acknowledge that your failure to comply fully with these requirements may result in an invalid notice under the Digital Millennium Copyright Act.
3.5. Quality of Streaming. The quality of the display of CoffeeNow content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection, and the functionality of the device you are using. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. CoffeeNow makes no representations or warranties about the quality of your viewing experience on your display.
3.6. Protecting Personal Information. Never give out personal information or access to your documents on CoffeeNow. Protecting your personal information and safeguarding CoffeeNow links is your responsibility.
3.7 Discounts and Coupons. Promotions and discounts are not transferable and are limited one (1) per user. There is no cash value and promotion, and discounts may not be combined or applied to past orders.
4. Disclaimers of Warranties and Limitations on Liability
4.1. COFFEENOW SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH COFFEENOW SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. COFFEENOW DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. COFFEENOW DOES NOT GUARANTEE ANY SPECIFIC LEARNING OUTCOMES FROM VIEWING THE VIDEOS.
4.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT WILL COFFEENOW, ITS EMPLOYEES, OR ANY OF ITS AFFILIATES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
4.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
4.4. WE ARE NOT RESPONSIBLE FOR ANY INTERRUPTION OF SERVICE OR PLATFORM DOWNTIME.
5. Dispute Resolution
5.2. Procedure on Dispute. If you elect to seek arbitration or file a small claim court action, you must first send to CoffeeNow, by certified mail, a written Notice of your claim (Notice). The Notice to CoffeeNow must be addressed to: CoffeeNow, 2101 Oak Ave, Ste. 104, Yakima, WA 98903 (Notice Address). If CoffeeNow initiates arbitration, it will send a written Notice to the email address used for your account. A Notice, whether sent by you or by CoffeeNow, must: (1) Describe the nature and basis of the claim or dispute; and (2) Set forth the specific relief sought (Demand). If CoffeeNow and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or CoffeeNow may commence an arbitration proceeding or file a claim in small claims court.
5.3. Governing Rules. The arbitration will be governed by the Commercial Arbitration Rules (AAA Rules) of the American Arbitration Association (AAA), as modified by this Agreement, and will be administered by the AAA. Unless CoffeeNow and you agree otherwise, any arbitration hearings will take place in Yakima county in Washington state, U.S.A. The arbitrator’s award will be final and binding on all parties, except: (1) For judicial review expressly permitted by law; or (2) If the arbitrator’s award includes an award of injunctive relief against a party, in which case that party will have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that will not be bound by the arbitrator’s application or conclusions of law. Arbitration will occur before one (1) arbitrator selected under the AAA rules.
5.4. YOU AND COFFEENOW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and CoffeeNow agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision will be null and void.
6.2. Unsolicited Materials. CoffeeNow does not accept, open, view, or otherwise interact with unsolicited materials or ideas for CoffeeNow content and is not responsible for the similarity of any of its content to materials or ideas transmitted to CoffeeNow. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against CoffeeNow and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
6.3. Termination. You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the services with or without notice and for any reason. Any suspected fraudulent, abusive or illegal activity may constitute grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
6.4. Feedback. CoffeeNow is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (Feedback), without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving CoffeeNow service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
6.7. Communication Preference. CoffeeNow will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, via email to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
7. Contact Us
2101 Oak Avenue, Yakima WA 98903