WEBSITE TERMS AND CONDITIONS OF USE

Last Revised: May 2020

Better Buzz Coffee Company (“Better Buzz” or the “Company”) maintains this website as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use, including a limitation of our liability, an arbitration agreement, and class-action and jury trial waivers. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.

1. Agreement. This Terms of Use agreement (the "Agreement") specifies the Terms and Conditions for access to and use of www.betterbuzzcoffee.com (the "Site") and describe the terms and conditions applicable to your access to and use of the Site. Better Buzz may modify this Agreement at any time upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.betterbuzzcoffee.com/pages/terms-conditions. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Ownership. All content included on this Site is and shall continue to be the property of Better Buzz or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.

3. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.

4. Trademarks. Better Buzz Coffee, Life’s Better Buzzed, Buzz Life, Best Drink Ever, and others are either trademarks or registered trademarks of Better Buzz. Other product and company names mentioned on this Site may be trademarks of their respective owners.

5. Site Use. Better Buzz grants you a limited, revocable, nonexclusive license to use this Site solely for your personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site; reverse engineer or break into the site; or use materials, products, or services in violation of any law. The use of this website is at the discretion of Better Buzz and the Company may terminate your use of this website at any time.

6. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that any information provided by you is truthful and accurate to the best of your knowledge.

7. Indemnification. You agree to indemnify, defend and hold Better Buzz and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.

8. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BETTER BUZZ DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BETTER BUZZ BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. IF APPLICABLE BECAUSE YOU PURCHASED GOODS OR SERVICES THROUGH THE SITE, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S OBLIGATION OR LIABILITY EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY SUCH GOODS OR SERVICES.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

10. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our designated Copyright Agent:

11. Online Orders.

A. Placing Orders. By placing an order on our Site, you are effectively offering to purchase whatever products and services you select.  We reserve the right to accept or reject any order in our discretion. We will only accept or reject an order in its entirety.  Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.  Please also note that all products offered on our Site are subject to availability.

B. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (e.g., PayPal) where applicable. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.

C. Shipping Information. Where applicable, it is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. You bear the risk of loss or damage during shipment (other than when returning non-conforming merchandise) and as such, you are advised to obtain appropriate insurance. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

D.Food and Beverage Orders for In-Store Pick-Up. Certain food and beverage items may be ordered online and picked up at a participating Better Buzz location you select. To make any modifications to such orders, you must call the selected location as soon as possible, but please understand that we will not be able to make changes to your order if you contact us later than the estimated order-pick up time on your order confirmation. Please also understand that online orders for prepared food and beverage items are final, as such perishable items cannot be returned, restocked, or resold.  Your complete satisfaction is always our goal, however, so please be sure to notify your barista if you do not like your drink so that we may prepare a new one for you.

E. Returns. If you are not satisfied with your order for any reason, the original purchaser may return it for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within 21 days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. An original proof of purchase may be required. Once the goods are received by us, we will refund your purchase price, less the original shipping & handling charges and a 30% re-stocking fee. Following our receipt of your eligible returned goods, your refund will be credited back to the same payment method used to make the applicable purchase. To return eligible goods, please call customer service at (619) 269-4022.

F. Accuracy of Information. We endeavor to be as accurate as possible with our description of products on the Site; however, we do not warrant that all product descriptions, photographs, pricing, or other information is accurate, complete, current, or error-free.  All size dimensions and weights are approximates.  If a product offered by us is not as described or pictured, your sole remedy is to return it in an unused condition for a refund.

12. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Better Buzz or its affiliates.

13. Assignment. Better Buzz may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion.  You may not assign any of your rights or delegate any of your duties hereunder at any time without the Company’s prior written consent in each instance, and any attempt to do so shall be null and void.

14. Force Majeure. Better Buzz shall not be responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including, without limitation, war, weather, strikes, floods, earthquakes, lockouts, fires, acts of God, terrorism, pandemics or similar public health emergencies, and/or delivery, vendor, supplier, or other third party delays, non-performances, or failures of any kind.

15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

16. Waiver. The failure of Better Buzz to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Better Buzz must be in writing and signed by an authorized representative of the Company.

17. Termination.  Better Buzz may terminate this Agreement at any time, with or without notice, for any reason. Further, Better Buzz reserves the right to terminate your access to the Site, without cause or notice, which may result in forfeiture and destruction of all information associated with your account.  All provisions of this Agreement that, by their nature, should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

19. Disputes; Class Action & Jury Waiver. Any claim or controversy arising out of or relating to the Site, including your purchase of any goods or services on the Site, shall be resolved by binding, individual arbitration administered by the American Arbitration Association in accordance with its Consumer-Related Arbitration Rules, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The place of Arbitration shall be San Diego, California. 

You acknowledge and agree that any dispute resolution proceeding will be conducted only on an individual basis and without resort to any form of class action, as any such class, collective, or representative basis is hereby waived. Thus, you may not assert claims as a plaintiff or class member in any purported class or representative proceeding.

If for any reason a claim proceeds in court rather than in arbitration, you acknowledge and agree that any such claims must be commenced and maintained exclusively by the appropriate court located in the County of San Diego, State of California. Both you and Sponsor hereby submit to the exclusive jurisdiction and venue of any such court and waive any and all objections to jurisdiction and venue (whether improper venue or inconvenient forum) of those courts.

In addition, WE AND YOU AGREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE ANY RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM OR ACTION ARISING OR RELATING TO SITE, INCLUDING THE PURCHASE OF ANY GOODS OR SERVICES FROM THE SITE.

20. Entire Agreement. This Terms of Use constitutes the entire agreement between you and Better Buzz governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website.  Better Buzz may revise this Terms of Use at any time by updating this Agreement and posting it on the Site.  Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.

21. California Resident Notice. Pursuant to California Civil Code section 1789.3, California residents are entitled to the following disclosures: the provider of the Site is Better Buzz Coffee Company, 801 University Ave., San Diego, CA 92103.  To file a complaint regarding the Site or to receive further information regarding the use of our Site, send a letter to the above address and state “California Resident Request” in the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 N. Market Blvd., Ste. N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

22. Contact Information.