These Terms of Service (“Terms”) apply to your access to and use of the website www.ImpactfulCoffee.com and other online or mobile products and services (collectively, our “Services”) provided by RBFP, LLC dba Impactful Coffee (“Impactful Coffee” or “we”). If you use our Services to purchase any of our coffee or other goods we offer for sale via our Services (collectively, our “Products”), such purchase is governed by these Terms, including the Terms of Sale set forth in Section 11 below. If you purchase a gift card or redeem a gift card in connection with purchase of Products, the terms set forth in Section 12 below also apply to that activity.

 By creating an account, purchasing any of our Products, or otherwise using our Services, you agree to be bound by these Terms, including the mandatory arbitration provision and class action waiver in Section 18 where permitted by applicable law. If you do not agree to these Terms, do not use our Services.

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We may supply different or additional terms in relation to some of our Services, and those different or additional terms become part of your agreement with us if you use those Services. If there is a conflict between these Terms and the additional terms, the additional terms will control for that conflict.

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We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.

 

If you have questions about our Product or an order you have placed, please contact our Impactful Coffee support team at Info@ImpactfulCoffee.com. If you have any questions about these Terms or our Services, please contact us at Info@ImpactfulCoffee.com.  

 

1. Privacy

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy. 

 

2. Eligibility

You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.  

 

3. User Accounts and Account Security

You may be able to register for an account to access certain features of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission.  If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.  

 

4. User Content

Our Services may allow you and other users to create, post, store and share content, such as messages, text, photos, videos, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Impactful Coffee.

 You grant Impactful Coffee and any future subsidiaries and affiliates a perpetual, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on our Services, you understand that your User Content and any associated information (such as your first name or profile photo associated with a product review or caption associated with a photo you share) may be visible to others.

 You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such User Content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice. 

This Section does not affect your data protection rights, it is only about your intellectual property rights.  

 

5. Prohibited Content and Conduct

You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Products and our Services. You will not:  

• Sell, resell or commercially use our Products or our Services

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct

• Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity 

• Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors

• Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services

• Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner

• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services

• Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services

• Develop or use any applications that interact with our Services without our prior written consent;

• Bypass or ignore instructions contained in our robots.txt file

• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms

You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent

• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law

• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party  

• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences

• Impersonates or misrepresents your affiliation with, any person or entity  

• Contains any unsolicited promotions, political campaigning, advertising or solicitations  

• Contains any private or personal information of a third party without such third party’s consent  

• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content  

• In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Impactful Coffee or others to any harm or liability of any type  

Enforcement of this Section 5 is solely at our discretion, and failure to enforce this Section 5 in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 5 does not create any private right of action on the part of any third party or any reasonable expectation that our Services will not contain any content that is prohibited by such rules.  

 

6. Ownership; Limited license

Our Services, including any text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Impactful Coffee or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

 

7. Trademarks

Impactful Coffee, the Impactful Coffee Logo, along with our other logos, product or service names, slogans, and the look and feel of the Services are trademarks of Impactful Coffee and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.  

 

8. Feedback

You may voluntarily communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Impactful Coffee, our Products, or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Feedback in our sole discretion. You understand that Impactful Coffee may treat Feedback as nonconfidential. 

 

9. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Impactful Coffee’s designated agent at Info@ImpactfulCoffee.com. 

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Impactful Coffee for certain costs and damages.

 

10. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Impactful Coffee does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

 

11. Terms of Sale

The Term of Sale set forth in this Section 11 apply to the purchase of Products using our Services. By purchasing a Product via our Services, you accept and agree to be bound by these Terms of Sale.  If you do not agree to these Terms of Sale, do not purchase Products via the Services.

 If you are making a purchase for shipment outside of the United States, this Section 11 does not apply to you. Please refer to Section 12 below instead.

 

A. Order Eligibility

To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Services.

 

B. Product Availability, Display, and Specifications

Details of Products available for purchase are set out on our Services. All features, content, descriptions and prices of our Products described or depicted on the Services are subject to change at any time without notice. We attempt to ensure that information on the Services is complete, accurate, and current. Despite our efforts, the information on the Services may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, availability, accuracy or currency of any information on the Services. For example, Products included on the Services may be unavailable or may have different attributes or ingredients than those listed.

 

We make reasonable efforts to publish information and display Product images accurately, but we cannot guarantee that the image you see on your monitor or mobile device will exactly match the Product. Packaging and labeling may vary from that shown and may contain more and/or different information from that shown on the Services. You should not solely rely on the information presented on the Services and should always read labels, warnings, and directions for safe use on the labeling and package you receive before using any of our Products.

 

C. Purchase Restrictions and Quantity Limits

You may only purchase Products for personal use by either yourself or your intended recipient of the Products. The Products are not authorized for resale.  We may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

 

D. Order Process; Errors

You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will send you an email acknowledging your order shortly after you place it, and our acceptance will be complete at the time we send such email. We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss in any Products you purchase pass to you when the shipping carrier receives the goods from Impactful Coffee.  Shipping options and availability of promotions like free shipping may not be available for all locations or address types. Shipping and delivery dates are estimates only and cannot be guaranteed.  We are not liable for any delays in shipments.  

 

We reserve the right to refuse or cancel any order prior to delivery. For example, if there are errors on the Services or made in connection with your order, inaccuracies in Product or pricing information or Product availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We also may require verification of information prior to the acceptance and/or shipment of any order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Occasionally, the manufacture or distribution of a certain Product may be delayed. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule.

 

E. Price

Prices shown on the Services exclude all taxes or charges for shipping and handling. Taxes and shipping and handling costs will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. Each item in your shopping bag is shown at the current price.  All prices on the Services are subject to change at any time without notice.

 

F. Payment

The Services give you several payment options. We reserve the right to change the payment options we offer at any time and for any reason. Payment must be received by us before our acceptance of an order. When you provide credit card information or other information necessary to facilitate payment for your order, you represent that (a) you are the authorized user of the credit card that is used to pay for our Products, (b) the credit card information you supply is true, correct and complete, (c) charges incurred by you will be honored by your credit card company, and (d) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. 

 

In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Credits or refunds will be made to the same method of payment and account used to place the order or can be issued as store credit if you select that option.  

 

G. Return Policy

OUR RETURN POLICY IS IN ADDITION TO ANY STATUTORY RIGHTS YOU MAY HAVE UNDER LAW.

We hope that you will be pleased with Products you purchase using our Services. However, if for any reason you decide to return a Product that you purchased via our Services, you must notify Impactful Coffee and return the Product to us within thirty (30) days from the date such Product was purchased. Impactful Coffee will not accept returns of products purchased from other retailers. Any Impactful Coffee-branded products purchased from other retailers are subject to that retailer’s return policies, and Impactful Coffee disclaims any liability with respect to the return of such products. In addition, Impactful Coffee will only accept a return if:

• The Product(s) are returned from the country where it was originally shipped by Impactful Coffee; and

• You initiate the return through by first contacting us at Info@ImpactfulCoffee.com.

 

Impactful Coffee may decline a return if it fails to meet the criteria set forth above. Impactful Coffee does not take title to returned Products until the Product is received by Impactful Coffee. Once the Product you are returning has been received and processed, Impactful Coffee will issue a refund to the original payment method used to purchase the Product or will issue you store credit, depending upon the option you selected when initiating the return. If the Product was purchased with a Gift Card (defined below), Impactful Coffee will issue store credit for the refund amount. For items given or received as a gift, Impactful Coffee can refund the payment method used by the purchaser or provide the recipient with store credit. The refund amount will include the purchase price of the returned Product and any associated sales tax. Unless prohibited by law, any shipping and handling charges paid for the original purchase will not be refunded. 

 

H. Return Procedure

To initiate a return, you must first email us at Info@ImpactfulCoffee.com. To fill out the return request, you will need to provide your order number (found in your order confirmation email) and the shipping zip code associated with the order. You can then select which Product(s) you wish to return and the options for refund (if applicable), including a refund to your original payment method or store credit.

 After you file the return request, you will be provided with a pre-paid shipping label to use to return the Product(s).

 If applicable, Impactful Coffee will initiate the refund associated with your return upon receipt of the returned Product(s). Please note that the time it takes for a refund amount to appear on your billing statement may differ based on your payment provider and billing cycle.

 If, in our reasonable determination, a Product shipped to us is ineligible for return, we will not be responsible for returning that ineligible Product to you. Impactful Coffee has no obligations with respect to such ineligible Products. 

 

12. International Orders

Impactful Coffee does not sell outside of the United States at this time.

 

13. Gift Card Terms

This Section 13 applies specifically to your use of gift cards (“Gift Cards”) to purchase Products via our Services. By purchasing or redeeming a Gift Card, you accept and agree to be bound by these Gift Card Terms. If you do not agree to the Gift Card terms set forth in this Section 13, do not purchase or redeem Gift Cards on our Services.  

 

A. Purchase

Gift Cards may only be purchased through our Services. A valid email is required to send and receive a Gift Card. Coupons, promo codes and other discounts we may offer may not be available in connection with purchasing Gift Cards.

 

B. Redemption

Gift Cards may be redeemed solely for Products Impactful Coffee offers for sale on our Services. Purchases made using a Gift Card may be subject to tax. If the purchase amount, including tax, is greater than the value of the Gift Card, you are responsible for any balance owed. Gift Cards may be redeemed only by customers who reside in the United States.

 

C. Expiration; Restrictions

Gift Cards do not expire. Gift Cards cannot be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Unused Gift Card balances may not be transferred to another Impactful Coffee customer.

 

D. Returns; Risk of Loss

If a purchase made with a Gift Card is returned, the refund amount will be issued to the individual initiating the return via store credit. See our Return Policy for additional information. The risk of loss and title for a Gift Card passes to the purchaser upon electronic transmission of the Gift Card to the purchaser or designated recipient. We are not responsible for Gift Cards that are undeliverable or are not received due to customer failure to enter a valid or accurate email address. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. 

 

E. Termination

We reserve the right to suspend or terminate your ability to purchase, receive and/or use Gift Cards if you violate this Section 13 or another provision of these Terms. We may also suspend, terminate, or otherwise limit access to your Gift Cards if we suspect fraudulent, abusive or unlawful activity associated with your purchase, account and/or your use of Gift Cards.   

 

14. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Impactful Coffee and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Impactful Coffee Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Products or Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Products or Services. You will promptly notify Impactful Coffee Parties of any third-party Claims, cooperate with Impactful Coffee Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees). The Impactful Coffee Parties will have control of the defense or settlement, at our sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Impactful Coffee or the other Impactful Coffee Parties.  

 

15. Disclaimer of Warranties and Release

Your use of our Products or our Services is at your sole risk. Except as otherwise provided in athese Terms or in writing by us, our Products and our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Impactful Coffee does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Impactful Coffee attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.  

 

To the fullest extent permitted by applicable law, you release Impactful Coffee and the other Impactful Coffee Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to (a) your use of our Products or Services; (b) disputes between users of our Services; and (c) the acts or omissions of third parties.

 

Some jurisdictions do not allow or limit the exclusion of certain warranties, so the disclaimers and limitations above may not apply to you to the extent applicable law so requires. Some jurisdictions may impose additional warranties for consumer contracts, which may be applicable to you depending on your jurisdiction of residence or where you purchased the Product.

 

If you are a consumer located in the United Kingdom or a country in the European Economic Area, Impactful Coffee warrants that it will provide the Services using reasonable skill and care, and this Section 15 does not limit your rights and protections under your country’s consumer laws. 

 

16. Limitation of Liability

To the fullest extent permitted by applicable law, Impactful Coffee and the other Impactful Coffee Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Impactful Coffee or the other Impactful Coffee Parties have been advised of the possibility of such damages. If you are a consumer located in the United Kingdom or a country in the European Economic Area, this provision shall be interpreted to mean that, to the fullest extent permitted by applicable law, Impactful Coffee and the other Impactful Coffee Parties will not be liable to you for any losses that were not foreseeable by Impactful Coffee and you at the time you entered into these Terms.

 

The total liability of Impactful Coffee and the other Impactful Coffee Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to purchase Products via our Services in the 12 months preceding the claim.

 

The limitations set forth in these Terms will not limit or exclude liability for death or personal injury caused by negligence, the gross negligence, fraud or intentional misconduct of Impactful Coffee or the other Impactful Coffee Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. 

 

17. Transfer and Processing Data

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law. For more information regarding how Impactful Coffee processes, transfers, and stores information about you, see our Privacy Policy.  

 

18. Dispute Resolution; Binding Arbitration

Please read this Section 18 carefully because it requires you to arbitrate certain disputes and claims with Impactful Coffee and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.  

 

No Representative Actions. You and Impactful Coffee agree that any dispute arising out of or related to these Terms, our Products, or our Services is personal to you and Impactful Coffee and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.  

 

Arbitration of Disputes. Except for small claims disputes in which you or Impactful Coffee seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Impactful Coffee seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Impactful Coffee waive your rights to a jury trial and to have any dispute arising out of or related to these Terms, our Products, or our Services resolved in court. Instead, for any dispute or claim that you have against Impactful Coffee or relating in any way to our Products or Services, you agree to first contact Impactful Coffee and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Impactful Coffee by email at Info@ImpactfulCoffee.com. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Impactful Coffee cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Dallas County, Texas or may be conducted telephonically or via video conference for disputes alleging damages less than $5,000, unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). For purposes of this Section 18, you will be deemed a “consumer” if you use our Products and Services for your personal, family or household purposes. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.  

 

You and Impactful Coffee agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.  

 

The arbitrator, Impactful Coffee, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

 

You and Impactful Coffee agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Impactful Coffee will pay the remaining JAMS fees and costs. For any arbitration initiated by Impactful Coffee, we will pay all JAMS fees and costs. You and Impactful Coffee agree that the state or federal courts of the State of Texas and the United States sitting in Dallas County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Impactful Coffee will not have the right to assert the claim.  

 

Opt-Out. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by emailing us at: Info@ImpactfulCoffee.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 21.

 

Severability. If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 18 will be enforceable.  

 

19. Alternative to Arbitration

If you are a resident of a jurisdiction that prohibits arbitration agreements or class action waivers in consumer contracts and these Terms are deemed to be a consumer contract, the portions of these Terms related to arbitration will not apply to you. Instead, the exclusive jurisdiction and venue of any claim will be the state and federal courts located in the State of Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts. If you are a resident of a jurisdiction that prohibits the application of Texas law in a consumer contract, these Terms will be governed by the laws of your jurisdiction of residence and the non-exclusive venue of any claim will the in the courts of your jurisdiction of residence. 

 

20. Language

It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. 

 

21. Governing Law and Venue

Any dispute arising from these Terms and your use of the Products or Services will be governed by and construed and enforced in accordance with the laws of Texas except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Texas and the United States, respectively, sitting in Dallas. 

 

If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not be applicable to you (but only to the extent that local law conflicts with this section).

 

22. Modifying and Terminating our Services

We reserve the right to modify our Products or Services or to suspend or stop providing any of our Products or all or portions of our Services at any time. You also have the right to stop using our Services at any time. Except for liability that we do not limit or exclude under these Terms (as described in Section 16), we are not responsible for any loss or harm related to your inability to access or use our Services. 

 

23. SMS Program

This section applies to you if you choose to participate in Impactful Coffee’s short message service program (“SMS Program”). By participating in the SMS Program, you agree to receive recurring automated promotional and personalized marketing text messages from Impactful Coffee, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other phone number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase.

 

Message and data rates may apply to any messages sent to you from us and to us from you. Message frequency will vary. Impactful Coffee reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Impactful Coffee also reserves the right to change the short code or phone number from which messages are sent.

 

Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas.  We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). Impactful Coffee, its service providers and the mobile carriers supported by the SMS Program are not liable for delayed or undelivered messages.

 

Cancellation. You can cancel your participation in the SMS Program at any time. Just text the keyword "STOP" to our short code. After texting STOP to our short code, will send you a text message to confirm that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Impactful Coffee and its service providers will have no liability for failing to honor such requests. 

 

Help. If at any time you forget what keywords are supported, just text “HELP” to the short code. After you text HELP to the short code, we will respond with our customer care information.

 

Customer Care. If you have any questions about the SMS Program, contact our customer care team at Info@ImpactfulCoffee.com. 

 

24. Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. 

 

25. Miscellaneous

The failure of Impactful Coffee to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.