TERMS & CONDITIONS

LinkedIn: https://www.linkedin.com/company/bonefrog-coffee/

Welcome to BoneFrog Coffee! These Terms of Use (“Terms”) are a legally binding contract between you and BoneFrog Coffee Company, LLC. Please read these Terms carefully before using the website, or “Service”, “Services”. In these Terms, we use “we”, “us”, “our” or “BoneFrog” to refer to BoneFrog Coffee Company, LLC, and “you” or “your” refers to you, the user of our product and services.

We built our website to share information about our company, our coffee, and our merchandise. It provides updates related to our company and allows you to purchase our offered products and have them shipped directly to you.

Acceptance

By accessing or using the Services, you agree to be bound by all of the Terms of this agreement, our Privacy Policy, and any other terms referenced in this document. By using our Services, you agree to these terms.

We may, at any time, and at our sole discretion, update these Terms of Use, including our Privacy Policy, with or without notice. Any such modification will be effective immediately upon public posting. Your continued use of our Services following any such modification constitutes your acceptance of the revised Terms.

Privacy

Please review our Privacy Policy to understand our privacy practices. All information you provide to us is subject to our Privacy Policy.

Trademarks

BoneFrog Coffee Company® and the BoneFrog Coffee logo are registered trademarks of BoneFrog Coffee Company, LLC. You must not use these trademarks without our prior written permission.

Permitted and Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of our products to and from the U.S. or other countries).

Purchasing Our Products

When you place an order, you represent that (1) all of the information you provide is accurate, current, and complete, (2) you will be solely responsible for all transactions that take place using your account, and (3) you will be responsible for maintaining the secrecy and security of your personal payment information. We reserve the right to refuse service, terminate your account or your participation in any rewards program offered, or cancel your orders in our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

Links from the Services

Any links from the Services to other sites and resources provided by third parties are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites and resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and resources.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY LINKED WEBSITE OR APP.

YOUR USE OF OUR SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BoneFrog COFFEE NOR ANY PERSON ASSOCIATED WITH BoneFrog COFFEE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER BoneFrog COFFEE NOR ANYONE ASSOCIATED WITH BoneFrog COFFEE REPRESENTS OR WARRANTS THAT OUR SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

IN NO EVENT WILL BoneFrog Coffee Company, LLC., ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SERVICES, ANY LINKED WEBSITES LINKED, ANY CONTENT ON OUR SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify and hold harmless BoneFrog Coffee, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from our Services.

Governing Law and Jurisdiction

All matters relating to our Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Washington State, without giving effect to any choice or conflict of law provision. Any legal suit, action, or proceeding arising out of, or related to, these Terms or our Services is subject to the exclusive jurisdiction of the federal and state courts located in King County, Washington. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

Dispute Resolution and Binding Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

YOU AND BoneFrog Coffee Company AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS THROUGH THE SERVICES, EXCLUDING ANY CLAIM, DISPUTE OR CONTROVERSY THAT QUALIFIES FOR SMALL CLAIMS COURT, EXCLUSIVELY AND FINALLY BY BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BY A JUDGE OR A JURY.

Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

Small Claims Court. You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class Action Waiver. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR BoneFrog COFFEE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Waiver and Severability

No waiver by BoneFrog Coffee of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BoneFrog Coffee to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

Recurring Subscriptions

When starting a BoneFrog subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscription is canceled or paused. If paused, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely.

Your subscription may be canceled at any time via our website, through the phone, or via email communication. If canceling via phone or email, please contact us at least 72 hours before the date you are scheduled to be charged next.

You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription, or you cancel and then resume that subscription. The term of your subscription is continuous.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and BoneFrog Coffee with respect to our Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to our Services. In the event you later agree to additional terms and conditions applicable to the Services, such as terms and conditions governing a rewards program, such terms and conditions are made part of these Terms of Use by reference.

Feedback

We welcome your comments and suggestions regarding our Services and the information, products, and services we make available here. Contact us at tim@bonefrog-coffee.com or (919) 636-8816 to provide feedback.

Thank you for visiting our Services.