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Terms of Use

1. Introduction

a. General

i. This website and its contents (“website”) is owned and operated by GRACE COFFEE LLC. By accessing or using the website or by purchasing goods via this website, you agree to accept and comply with these Terms and Conditions.

ii. These Terms and Conditions apply to goods and services purchased through any GRACE COFFEE LLC store as well as govern the use of this website

iii. GRACE COFFEE LLC reserves the right to amend these Terms and Conditions at any time without notice.

b. Applicable Law

i. These Terms and Conditions are governed by and to be construed in accordance with the US Government. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Florida, United States. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceable be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

ii. GRACE COFFEE LLC makes no representation that the content of the website complies with the laws of any country outside the United States of America.

iii. All rights not expressly granted herein are reserved.

c. Links to 3rd Party websites

i. GRACE COFFEE LLC assumes no responsibility and accepts no liability for the terms and conditions or content of third party web sites that may be linked to or accessed from the website. Except as GRACE COFFEE LLC may specifically direct otherwise, GRACE COFFEE LLC does not authorize the content of those third party web sites. The website may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of GRACE COFFEE LLC for such goods or services.

ii. Third party advertisers or content providers are solely responsible to you for any representations or offers made by them, and for any goods or services which you agree to purchase from those third parties.

d. Internet Security.

i. Any access to the internet can expose you to the risk of computer viruses, malicious computer code and other forms of interference and you acknowledge that you will adopt your own safeguards to ensure that you minimize your risk of damage to your computer, systems or data.

ii. We do not warrant that use of this website will not expose you to risks of this nature.

e. Competitions and Promotions

i. Certain parts of the website may contain competitions or promotions from GRACE COFFEE LLC or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, GRACE COFFEE LLC specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the website without any liability to you.

f. Disclaimer and liability

i. This website is provided on an “as is” basis. GRACE COFFEE LLC has used its best endeavors to ensure that the information contained on and accessed through the website is correct and current at the time of publication.

ii. GRACE COFFEE LLC does not accept any liability for our failure to comply with any of these terms and conditions due to circumstances that are beyond our reasonable control.

iii. To the fullest extent permissible by law, GRACE COFFEE LLC, its affiliated companies and their respective directors, officers, employees, agents, and contractors:

1. Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the website, your access to the website or results of your access, or the information, content, materials or products on the website; and

2. Do not warrant that the functions on the website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

iv. Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of GRACE COFFEE LLC, its affiliated companies or their respective directors, employees, agents and contractors) will GRACE COFFEE LLC, its affiliated companies or their respective directors, officers, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the website.

g. Indemnity

i. You agree to indemnify and keep indemnified GRACE COFFEE LLC, its affiliated companies and their directors, officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your willful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

h. Intellectual Property & Restrictions On Use Of Content

i. The website is subject to copyright under the United States law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright protected works which are owned by GRACE COFFEE LLC, and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, reproduce, communicate to the public, adapt, print, display, publish, transfer, distribute, store or create derivatives of any of the contents of the website, or incorporate any part of the website into another website without GRACE COFFEE LLC express consent.

i. Ownership of Submissions

i. Any submission made on this website by way of email, image, comment, feedback or similar information automatically becomes the property of GRACE COFFEE LLC and you agree to assign all intellectual property rights in the submissions to us at no charge and agree that we are under no obligation to keep such submissions confidential other than your private information which will be handled as per the privacy policy contained in these Terms and Conditions.

ii. You further warrant that the content of any submission made will not infringe the intellectual property of any third party.

iii. We reserve the right to store any submission made and will do so if there is any legal requirement to do so.

j. Termination and Cancellation

i. GRACE COFFEE LLC reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the website, at any time without notice. Any amendments to these Terms and Conditions placed on this website will come into effect immediately and your continued use of the website will constitute an agreement to the new Terms and Conditions as amended. Without limiting the operation of any other Terms and Conditions herein, GRACE COFFEE LLC will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on GRACE COFFEE LLC liability will survive such termination or cancellation.

 

2. Goods and Services Representation

a. GRACE COFFEE LLC will take all reasonable steps to ensure that all product descriptions and specifications contained on this website are technically accurate.

b. Whilst every reasonable care has been taken to ensure that product images shown on this website are an accurate representation of the actual product the very nature of imaging product and reproducing those images on a website means that we cannot warrant the accuracy of these representations and product may appear larger or smaller than actual sizes and colors may vary.

c. Whilst we will take all reasonable steps to ensure that all product advertised on this website is available we cannot guarantee the availability of any product.

d. All goods and services offered for sale on this website comply with United States law but we do not warrant that they will comply with the laws of any other country.

 

3. Online Purchasing

a. Goods and services offered for sale on this website are available for shipment or delivery within the United States and internationally.

b. All purchases of goods and services made on this website must be paid for in full at the time of purchase. Lay-by and finance offer sales are not available on this website.

c. Payment for goods and services purchased on this website may be made through all major credit card companies and are made via Shopify's or Carthook's payment gateway.  The PayPal payment system is also available.

d. Whilst we make every effort to ensure the security of your payment through the payment gateway you acknowledge that no transmissions over the internet can be guaranteed as totally secure and therefore you use your credit card to make payments for good services on this website entirely at your own risk.

e. All prices shown on this website are in US dollars excluding taxes.

f. For information regarding shipping, please see our Shipping & Returns page here: https://gracecoffee.com/pages/shipping-info

g. All international orders are subject to duties, taxes and fees as determined by their local government. The customer is responsible for all duties and taxes.

 

4. SMS/MMS MOBILE MESSAGING

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Grace Coffee LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”).  By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below.  This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.  By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us.  While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).  Message and data rates may apply. 


User Opt Out:  If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program.  You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify:  If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number.  You understand and agree that your agreement to do so is a material part of these terms and conditions.  You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number.  This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at contact@gracecoffee.com.  Please note that the use of this email address is not an acceptable method of opting out of the program.  Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements:  You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:  You may not use of engage with the Platform if you are under thirteen (13) years of age.  If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.  By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:  You acknowledge and agree to not send any prohibited content over the Platform.  Prohibited content includes:

-       Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

-       Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

-       Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

-       Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

-       Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

-       Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Boca Raton, FL before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Grace Coffee LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute.  If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”).  The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision.  The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract.  The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding.  Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.  If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction.  If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.  This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

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