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Effective Date: September 5, 2022
Please read these Terms carefully before using our websites and any online services, software or apps provided by Dark Horse Coffee Company (“Dark Horse Coffee Company”, “we”, or “us” or “our”) that post a link to these Terms (the “Service”). The Service is operated by Dark Horse Coffee Company. Dark Horse Coffee Company offers this Service, including all information, tools and services available from this Service to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting, accessing, or using any part of the Service and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies that apply to certain parts of the Service, referenced herein and/or available by hyperlink (“Additional Terms”). Examples are our DHCC Text Program Terms and Conditions These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of these Terms, then you may not access the Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes as to the continued usage of the Service.
These Terms are a contract that limits your rights and remedies and our liability and grants us rights from you. This includes mandatory arbitration of disputes and waiver of class actions. Read the entirety of these Terms and do not use the Service if you do not agree.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your right to access or use Services.
SECTION 2 - SUBSCRIPTIONS
We offer different subscription plans for our coffee products and merchandise (each, a “Subscription”). Your Subscription(s) will automatically renew at the end of each period at the then-prevailing rate unless you cancel. The products in your Subscription(s) and the frequency of delivery may vary depending upon your selections. Any changes you make to your Subscription(s) may also result in changes to any applicable shipping and handling charges as well as delivery times. If we change the prices or other charges associated with our Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our websites. The fees for your Subscription(s) can be found on your My Account page under Subscriptions and are subject to change in the future at our discretion.
You may cancel your Subscription(s) at any time for any reason on your My Account page under Manage Subscriptions or by texting 863-899-6301 (M-F, 9-5 CT). Cancellations will only apply to future charges and no refunds will be given for cancellations made after the renewal date for the Subscription(s).
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION(S) WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
In the event you cancel your Subscription(s), please note that we may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
SECTION 3 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, as permitted by applicable law. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks consistent with credit card industry security obligations. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access the Service, or any content on the Service, except as expressly permitted by these Terms, or applicable Additional Terms, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Service or elsewhere is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Service or elsewhere, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service or elsewhere, should be taken to indicate that all information on the Service or elsewhere has been modified or updated. You agree that it is your responsibility to monitor changes to our Service.
We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk.
The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
SECTION 5 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 - PRODUCTS OR SERVICES
All products or services may be available exclusively online through the Service, or a specific portion thereof (e.g. website availability only). These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, available at https://www.Darkhorsecoffeecompany.com/pages/privacy-policy. Not all products or services depicted via the Service may be always available in all areas or and pricing and availability may vary by location. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction as permitted by applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. An order made via the Service is an offer by you to us, which is not accepted by us until we fulfill the order, and we may reject any orders. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Availability of product and services is subject to our acceptance of an order and may be limited as required by applicable law.
We have made every effort to display as accurately as possible our products and services, including the colors and images of our products that appear at the store, and information and pricing about them. However, as permitted by applicable law, we do not guarantee accuracy. Further, subject to applicable law, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Service will be corrected.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – THIRD-PARTY SERVICES
We may provide you with access to third-party content, tools and service over which may have no control or input (e.g., social media plug-ins such as “like” buttons)(“Third-party Services). You acknowledge and agree that we provide access to such Third-party Service “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, and that the use of these Third-party Services is subject to the third-party operator’s own terms of use, privacy policy and data and other practices (which we advise you to review before using the Third-party Service). We shall have no liability whatsoever arising from or relating to your use of Third-party Services. Any use by you of Third-party Services available through our Service is entirely at your own risk and discretion.
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Apps via Apple, see below for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.
Terms Applicable For Apple iOS.
(i) To the extent that you are accessing the Service through an Apple mobile application, you acknowledge that these Terms are entered into between you and Dark Horse Coffee Company and, that Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you by Dark Horse Coffee Company under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
(iii) You acknowledge that Dark Horse Coffee Company, and not Apple, is responsible for providing the Service and content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and Dark Horse Coffee Company, Dark Horse Coffee Company, and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third-party’s Intellectual Property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such Intellectual Property infringement claims.
(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
(x) Your use of real time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.
SECTION 9 - THIRD-PARTY LINKS
Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party locations linked to from our Service and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If you send or post content or other submissions on or via the Service (e.g., contest entries, user posting areas, community forums, comments sections, using contract us tools, etc.), or otherwise, with or without a request from us, (collectively, “User-Generated Content” or “UGC”), you hereby grant Dark Horse Coffee Company, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your UGC (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UGC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UGC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Dark Horse Coffee Company to your UGC, you also, as permitted by applicable law, hereby grant to Dark Horse Coffee Company, and agree to grant to Dark Horse Coffee Company, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UGC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UGC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
We are and shall be under no obligation (1) to maintain any UGC in confidence; (2) to pay compensation for any UGC or provide you other consideration or attribution; or (3) to respond to any UGC. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You represent, warrant and agree that your UGC will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your UGC will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or harm us or any other User of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any UGC. You remain the owner of your UGC, subject to our licensed rights, and are solely responsible it. We take no responsibility and assume no liability for any UGC posted by you or any third-party.
SECTION 11 – COMMUNITY USAGE RULES
As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
If you submit UGC that Dark Horse Coffee Company reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UGC in question being removed from the Service.
SECTION 12 – PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions below.
Dark Horse Coffee Company asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Dark Horse Coffee Company’s sole discretion, Dark Horse Coffee Company’s may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Dark Horse Coffee Company has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
(iv) your full name, address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
Dark Horse Coffee Company will only respond to DMCA Notices that it receives by mail or email at the addresses below:
By Mail: Dark Horse Coffee Company
1808 James L Redman Pkwy, Suite 326
Plant City Florida
Attn: Jeremy Turner
By Email: info@darkhorsecoffeecompany.com
It is often difficult to determine if your copyright has been infringed. Dark Horse Coffee Company may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Dark Horse Coffee Company may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting Dark Horse Coffee Company’s other rights, Dark Horse Coffee Company may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by Dark Horse Coffee Company.
If access on the Service to a work that you submitted to Dark Horse Coffee Company is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, email address, and the username of your Account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
SECTION 13 - PERSONAL INFORMATION
Your submission of personal information through the Service is governed by our Privacy Policy. By using our Services you also consent to our practices as set forth in our Privacy Policy, available at https://www.darkhorsecoffeecompany.com/pages/privacy-policy .
SECTION 14 – LIMITED LICENSE AND PROHIBITED USES
The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Dark Horse Coffee Company, our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Dark Horse Coffee Company, our licensors (including licensors of UGC) or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Dark Horse Coffee Company owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Your right to use the Service and Content is subject to your strict compliance with these Terms and applicable Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use:
(1) Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding source and object code in raw form or otherwise) as it is displayed to you;
(2) Stream the Content using any of the widgets and/or other digital streaming internet video players, if any, provided on the Service;
(3) Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
(4) If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device;
(5) Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, Dark Horse Coffee Company does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software's owner (which may be Dark Horse Coffee Company and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of Dark Horse Coffee Company; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;
(6) If made available to you, obtain a registered personal account (and/or related username and password) on the Service and interact with the Service in connection therewith;
(7) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any Dark Horse Coffee Company names, logos, or images (b) the links and the content on your website do not suggest any affiliation with Dark Horse Coffee Company or cause any other confusion, and (c) the links and the content on your website do not portray Dark Horse Coffee Company or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to Dark Horse CoffeeCompany. Dark Horse Coffee Company reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party; and
(8) Use any other functionality expressly provided by Dark Horse Coffee Company on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content and any applicable Additional Terms.
In addition to other prohibitions as set forth elsewhere in the Terms of Service, you are prohibited from using the Service or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect, track, or share the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to solicit or send unwanted communications; or (m) to damage the Service or anyone’s computers or other devices. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
As permitted by applicable law:
SECTION 16 – YOUR WARRANTIES AND INDEMNIFICATION
Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Dark Horse Coffee Company the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Dark Horse Coffee Company obligation to obtain consent of any third-party and without creating any obligation or liability of Dark Horse Coffee Company; (b) the UGC is accurate; (c) the UGC does not and, as to Dark Horse Coffee Company’s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
You agree to indemnify, defend and hold harmless Dark Horse Coffee Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Limitation on Injunctive Relief. AS PERMITTED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS (WITHOUT LIMITATION) THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, UGC, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED, OR CONTROLLED BY ANY DARK HORSE COFFEE COMPANY PARTY OR A LICENSOR OF ANY DARK HORSE COFFEE COMPANY PARTY.
Class Action Waiver. As permitted by applicable law, both you and Dark Horse Coffee Company waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the Disputes of different persons into one proceeding. Notwithstanding the arbitration provision set forth above, if the provision regarding waiver of class, collective, representative, and private attorney general claims of this Section 19 is found to be void or otherwise unenforceable, any such class, collective, representative, or private attorney general claims must be heard and determined through an appropriate court proceeding, and not in arbitration.
Loading Value on the Card:
You can load value on the Gift Card by visiting any participating store or going online to https://www.darkhorsecoffeecompany.com/products/dark-horse-coffee-company-gift-card. You can reload your card for amounts ranging from $5 - $500. There may be a delay from the time you pay the amount to be loaded onto your Gift Card and those funds being available for use.
You may not have more than $500 in value on any Gift Card at any time, and no more than $2,000 may be associated with charges from or value loaded to any Gift Card in a single twenty-four hour day. We reserve the right to change any of these amounts at any time without notice. You may not use a Gift Card to purchase another Gift Card.
Limitations:
We have no liability resulting from any temporary inability to access funds on your Gift Card for any reason, including, without limitation, equipment malfunctions, temporary problems with our vendors or service providers, connectivity problems, or problems with your device.
eGift Cards:
The DHCC eGift Card allows you to purchase and send a digital Gift Card via email or mobile. You may choose the design and dollar value and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may create a personal message and/or upload an image. If we find inappropriate content, we reserve the right to cancel the order. You may choose when to have your eGift delivered, either the same day (provided that your form of payment is approved) or at a future date. You authorize us to charge your credit card, debit card, or other electronic payment method at the time you purchase your eGift Card regardless of the date you choose for delivery. On the requested delivery date, we will send the recipient of your eGift an email notifying the recipient of an eGift from you. The recipient can print out the eGift Card and bring it to a Dark Horse Coffee store to make a purchase or can show their eGift Card on their mobile device. We will also send you an email confirming receipt of your eGift when the recipient opens the eGift email. An eGift is like any other DHCC Gift Card and should be treated like cash by the recipient. Each eGift has a unique DHCC Gift Card number associated with it no matter how many times the email is printed out. We will only give refunds for unused eGift Cards with the original receipt.
Receipts and Transaction History:
When you use your Gift Card, we will provide a receipt if you request one. The receipt will indicate that the purchase was made using a DHCC Gift Card and will provide the remaining balance of your Gift Card. The account balance for a Gift Card also will appear on your receipt from a point-of-sale register.
Changes to This Agreement:
We may amend these Terms of Service at any time. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised Terms of Service to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Gift Cards. You are deemed to accept the changes, additions, or deletions if you continue use of a Gift Card.
ADA Compliance:
Our Consumer-facing Gift Card Storefront incorporates responsive design principles for viewing on desktop, tablet, and/or mobile devices in support of ADA compliance. Delivery methods and options include email, mobile, and Gift Card delivery directly to customers.
Gift Card Redemption Instructions:
eGift Card Redemption Instructions:
If you have any concerns regarding DHCC Gift Cards, please contact us at Info@darkhorsecoffeecompany.com.
SECTION 21 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@DarkhorseCoffeeComapny.
