Terms of Service

Last Updated: November 21, 2018

1. General Terms.

These Terms of Service (“Terms”) are entered into by and between you and Coffee Fund, LLC, a Nebraska limited liability company (“Company” or “we” or “us”). The following Terms govern your access and use of the website https://coffeefund.co (the “Site”), including any content, functionality, products, and services offered on or through the Site (the “Services”), whether as a registered user or a guest.

Please read these Terms carefully, as they constitute a legally binging agreement between you and the Company. By accessing or using the Services, you confirm your agreement to be bound by these Terms and all other terms incorporated herein by reference. Do not use the Services if you do not fully agree with the Terms.

You represent and warrant that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made with the Company. If you are using the Services on behalf of a business or some other entity, you represent and warrant that you are authorized to agree to these Terms on behalf of the business or entity.  

The Company reserves the right to modify these Terms at any time. Any modifications are effective immediately when we post them. Your continued access or use of the Services following such posting confirms your agreement to be bound by these Terms, as amended. Please review these Terms frequently.  

2. Privacy.

You have read and agree to our Privacy Policy. By using the Services, you agree that the Company can collect and use your Personal Information as outlined therein.    

3. Use of Services.

Subject to your compliance with these Terms, the Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use the Services for your own personal use or internal business use. The Services may not be used for any commercial purpose other than your internal business use. Any rights not expressly granted herein are reserved by the Company.      

The Services and all rights therein are owned by the Company, its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  

4. Modifications to Services.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof), in our sole discretion without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension, price change, or discontinuance of the Services.  

5. Purchases.

If you purchase products or services through the Site, you acknowledge and agree that such purchases are subject to these Terms, our Privacy Policy, and our FAQ. Your purchase of products or services through the Site constitutes your acknowledgement of and agreement to all such terms and conditions. The Site’s FAQ is incorporated herein by this reference.  

6. User Conduct.

You agree to comply with all applicable federal, state, local and international laws and regulations when accessing or using the Services, and you may only access or use the Services for lawful and customary purposes. Without limiting the foregoing, you agree not to:  

  • Use the Services for any fraudulent or unlawful purpose or any purpose prohibited by these Terms.
  • Copy, modify, duplicate, create derivative works from, distribute, sell, lease, transmit, frame, mirror, republish or download all or any aspect of the Services, nor may you decompile, disassemble or reverse engineer all or any aspect of the Services.Transmit any information that contains a virus or bug or otherwise compromise the security of the Services.
  • Use the Services in any manner that could interfere with or disrupt other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner.
  • Attempt to gain unauthorized access to the Services or related systems or networks.
  • Transmit, or procure the sending of, any advertising or promotional materials, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • Stalk or otherwise harass another.
  • Collect or store any Personal Information about other users.
  • Impersonate any person or entity, or falsify state or otherwise misrepresent your affiliation with any person or entity.  

7. Your Account.  

In order to access or use the Services or some aspects of the Services, you may be asked to register for and maintain an active Services account with a unique login identification and password (“Account”). To obtain an Account, you may be required to submit to the Company certain information, which may include personally identifiable information such as your name, address, email address, telephone number, and age (“Registration Data”). You agree to provide truthful, accurate, current and complete information when creating your Account and to maintain and promptly update the Registration Data upon any changes. You are responsible for maintaining the confidentiality of your password and are fully responsible and liable for any activity that occurs under your Account. You will not create more than one Account for yourself.  

8. Feedback.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Third Party Resources.

The Services or third parties may provide links to access other websites, services and resources provided by third parties (collectively, “Third Party Resources”). The Company has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and the Company is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through any such Third Party Resources.

10. Termination.

The Company may suspend or terminate your access to all or part of the Services and/or disable or terminate your Account, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason. You agree that the Company will not be liable to you or any third party for any termination of your access to the Services.  

11. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS AND EXCLUDES ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH YOUR USE OF THE SITE WILL BE TIMELY, ACCURATE, OR RELIABLE; (D) THE PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SITE WILL BE AVAILABLE; OR (E) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  

12. Limitation of Liability. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY OTHER PECUNIARY LOSS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; OR (B) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDERED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE LAST TWELVE (12) MONTHS.  

13. Indemnity. 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (A) YOUR USE OF THE SERVICES; (B) YOUR VIOLATION OF ANY LAW, REGULATION, THESE TERMS OR ANY RIGHT OF ANOTHER.  

14. Governing Law; Forum Selection.

These Terms shall be governed by, and construed in accordance with, the laws of the State of Nebraska, without reference to conflicts of law principles. Any legal action with respect to these Terms shall be brought exclusively in the state or federal courts located in Lancaster County, Nebraska. You and the Company agree to submit to the personal jurisdiction of such courts, and agree to waive any jurisdictional, venue, or inconvenient forum objections thereto.

15. Miscellaneous.

These Terms contain the entire agreement between you and the Company and govern your use of the Services, superseding any prior agreements between the parties with respect to the Services. If any provision of these Terms shall be held illegal, void, or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. The Company’s delay or failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement.  

Contact Us.

If you have any questions about these Terms, please email us at support@coffeefund.co.  

 

4845-4944-9594, v. 1

1. General Terms.

These Terms of Service (“Terms”) are entered into by and between you and Coffee Fund, LLC, a Nebraska limited liability company (“Company” or “we” or “us”). The following Terms govern your access and use of the website https://coffeefund.co (the “Site”), including any content, functionality, products, and services offered on or through the Site (the “Services”), whether as a registered user or a guest.

Please read these Terms carefully, as they constitute a legally binging agreement between you and the Company. By accessing or using the Services, you confirm your agreement to be bound by these Terms and all other terms incorporated herein by reference. Do not use the Services if you do not fully agree with the Terms.

You represent and warrant that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made with the Company. If you are using the Services on behalf of a business or some other entity, you represent and warrant that you are authorized to agree to these Terms on behalf of the business or entity.  

The Company reserves the right to modify these Terms at any time. Any modifications are effective immediately when we post them. Your continued access or use of the Services following such posting confirms your agreement to be bound by these Terms, as amended. Please review these Terms frequently.  

2. Privacy.

You have read and agree to our Privacy Policy. By using the Services, you agree that the Company can collect and use your Personal Information as outlined therein.    

3. Use of Services.

Subject to your compliance with these Terms, the Company hereby grants you a limited, non-exclusive, non-transferable, non-sublicenseable, revocable license to access and use the Services for your own personal use or internal business use. The Services may not be used for any commercial purpose other than your internal business use. Any rights not expressly granted herein are reserved by the Company.      

The Services and all rights therein are owned by the Company, its licensors or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.  

4. Modifications to Services.

We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof), in our sole discretion without notice. You agree that we shall not be liable to you or to any third party for any such modification, suspension, price change, or discontinuance of the Services.  

5. Purchases.

If you purchase products or services through the Site, you acknowledge and agree that such purchases are subject to these Terms, our Privacy Policy, and our FAQ. Your purchase of products or services through the Site constitutes your acknowledgement of and agreement to all such terms and conditions. The Site’s FAQ is incorporated herein by this reference.  

6. User Conduct.

You agree to comply with all applicable federal, state, local and international laws and regulations when accessing or using the Services, and you may only access or use the Services for lawful and customary purposes. Without limiting the foregoing, you agree not to:  

  • Use the Services for any fraudulent or unlawful purpose or any purpose prohibited by these Terms.
  • Copy, modify, duplicate, create derivative works from, distribute, sell, lease, transmit, frame, mirror, republish or download all or any aspect of the Services, nor may you decompile, disassemble or reverse engineer all or any aspect of the Services.Transmit any information that contains a virus or bug or otherwise compromise the security of the Services.
  • Use the Services in any manner that could interfere with or disrupt other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner.
  • Attempt to gain unauthorized access to the Services or related systems or networks.
  • Transmit, or procure the sending of, any advertising or promotional materials, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • Stalk or otherwise harass another.
  • Collect or store any Personal Information about other users.
  • Impersonate any person or entity, or falsify state or otherwise misrepresent your affiliation with any person or entity.  

7. Your Account.  

In order to access or use the Services or some aspects of the Services, you may be asked to register for and maintain an active Services account with a unique login identification and password (“Account”). To obtain an Account, you may be required to submit to the Company certain information, which may include personally identifiable information such as your name, address, email address, telephone number, and age (“Registration Data”). You agree to provide truthful, accurate, current and complete information when creating your Account and to maintain and promptly update the Registration Data upon any changes. You are responsible for maintaining the confidentiality of your password and are fully responsible and liable for any activity that occurs under your Account. You will not create more than one Account for yourself.  

8. Feedback.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to the Company are non-confidential and the Company will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

9. Third Party Resources.

The Services or third parties may provide links to access other websites, services and resources provided by third parties (collectively, “Third Party Resources”). The Company has no control over such Third Party Resources or any products, services or content made available through or by such Third Party Resources, or the business practices of the third parties providing such Third Party Resources, and the Company is not responsible for and does not endorse such Third Party Resources or the products, services or content made available thereby. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, products or services available on or through any such Third Party Resources.

10. Termination.

The Company may suspend or terminate your access to all or part of the Services and/or disable or terminate your Account, or generally cease offering or deny access to the Services or any portion thereof, at any time, for any reason. You agree that the Company will not be liable to you or any third party for any termination of your access to the Services.  

11. Disclaimer of Warranties.

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY DISCLAIMS AND EXCLUDES ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH YOUR USE OF THE SITE WILL BE TIMELY, ACCURATE, OR RELIABLE; (D) THE PRODUCTS OR SERVICES PURCHASED BY YOU THROUGH THE SITE WILL BE AVAILABLE; OR (E) THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.  

12. Limitation of Liability. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY OTHER PECUNIARY LOSS), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; OR (B) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL THE COMPANY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDERED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID THE COMPANY, IF ANY, IN THE LAST TWELVE (12) MONTHS.  

13. Indemnity. 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO: (A) YOUR USE OF THE SERVICES; (B) YOUR VIOLATION OF ANY LAW, REGULATION, THESE TERMS OR ANY RIGHT OF ANOTHER.  

14. Governing Law; Forum Selection.

These Terms shall be governed by, and construed in accordance with, the laws of the State of Nebraska, without reference to conflicts of law principles. Any legal action with respect to these Terms shall be brought exclusively in the state or federal courts located in Lancaster County, Nebraska. You and the Company agree to submit to the personal jurisdiction of such courts, and agree to waive any jurisdictional, venue, or inconvenient forum objections thereto.

15. Miscellaneous.

These Terms contain the entire agreement between you and the Company and govern your use of the Services, superseding any prior agreements between the parties with respect to the Services. If any provision of these Terms shall be held illegal, void, or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. The Company’s delay or failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. No joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement.  

Contact Us.

If you have any questions about these Terms, please email us at support@coffeefund.co.  

 

4845-4944-9594, v. 1