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CCC TERMS OF SERVICE 2024 Effective Date: January 1, 2024

OVERVIEW

Please read these Terms carefully before using our websites and any online services, software, or apps provided by Codec Coffee™ (a DBA of Metaplexus LLC) (“Codec Coffee,” “we,” “us,” or “our”) that post a link to these Terms (the “Service”). The Service is operated by Metaplexus LLC. Codec Coffee 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” or “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 CCC Text Program Terms and Conditions and our CCC Loyalty 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. By using our Service, you also consent to our practices as set forth in our Privacy Policy. 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 calling 866-556-2722 (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

Certain 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. Not all products or services depicted via the Service may be available in all areas or at all times, 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 our sole discretion. 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 email 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 products 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 services over which we may have no control or input (e.g., social media plug-ins, such as “like” buttons) (“Third-party Service(s)”). 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.

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 contact us tools, etc.) or otherwise, with or without a request from us, (collectively, “User-Generated Content” or “UGC”), you hereby grant Codec Coffee™ (a DBA of Metaplexus LLC) 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 BRCC to your UGC, you also, as permitted by applicable law, hereby grant and agree to grant to BRCC 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 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:
  • Your UGC. All of your UGC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UGC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UGC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Black Rifle Coffee Company. (For example, if someone has taken a picture of you and your friend, and you submit that photo to Black Rifle Coffee Company as your UGC, then you must obtain your friend’s and the photographer’s permission to do so.)
  • Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
  • Act Appropriately. All of your Service activities must be venue appropriate, as determined by us. Be respectful of others’ opinions and comments so we can continue to build Communities for everyone to enjoy. If you think your UGC might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the Service. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your UGC must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap. Your UGC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UGC must not feature children under the age of eighteen (18).
  • Do Not Use for Commercial or Political Purposes. Your UGC must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
  • Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
  • Do Not Use for Inappropriate Purposes. Your UGC must not promote any infringing, illegal, or other similarly inappropriate activity.
  • Be Honest and Do Not Misrepresent Yourself or Your UGC. Do not impersonate any other person, user, or company, and do not submit UGC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in consideration from us with respect to your UGC (g., coupons, sweepstakes entries, etc.) you represent you will include disclosure of the receipt of this consideration clearly and conspicuously as part of the UGC and include any other disclosures we may require.
  • Others Can See. We hope that you will use the Communities to exchange information and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semi-public and UGC that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others.
  • Don’t Share Other People’s Personal Information. Your UGC should not reveal another person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Black Rifle Coffee Company (e.g., an email address to send an email invite to a friend).
  • Don’t Damage the Service or Anyone’s Computers or Other Devices. Your UGC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
If you submit UGC that CCC 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. If anyone contributes to your UGC or has any rights to your UGC, or if anyone appears or is referred to in the UGC, then you must also have their permission to submit such UGC to Codec Coffee™ (a DBA of Metaplexus LLC).

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 and 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.

DMCA Notice

Codec 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 CCC’s sole discretion, CCC 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 DMCA and other applicable law, CCC 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:
  1. A legend or subject line that says: “DMCA Copyright Infringement Notice”;
  2. 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;
  3. 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);
  4. Your full name, address, telephone number, and email address;
  5. 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;
  6. 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, that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
  7. Your electronic or physical signature.
Codec Coffee™ (a DBA of Metaplexus LLC) 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 Codec Coffee’s sole discretion, Codec Coffee 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 DMCA and other applicable law, Codec Coffee has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.

By Mail:
Metaplexus LLC
17350 State Hwy 249, Ste 220 #6205
Houston, Texas 77064
Attn: Legal Department – DMCA

By Email: legal@codeccoffee.com
For more information, call: 1-XXX-XXX-XXXX

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 outlined in our Privacy Policy.

SECTION 14 – LIMITED LICENSE AND PROHIBITED USES

Your Rights to Use the Service and Content

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. 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. Use tools provided by the Service to share Content with others, as long as such use is lawful and consistent with these Terms;
  4. 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; and
  5. Use any other functionality expressly provided by CCC on or through the Service for use by users, subject to these Terms and any applicable Additional Terms.

SECTION 14A – TRADEMARKS AND INTELLECTUAL PROPERTY NOTICE

All trademarks, service marks, trade names, logos, designs, slogans, product names, and other identifiers used on or in connection with the Service are the property of Metaplexus LLC (‘company”), the parent entity and owner of the Codec Coffee brand (“CCC”) or its affiliates, licensors, or content providers, whether or not registered. These marks include, without limitation: Codec Coffee™, Codec Challenge™, Codec Chamber™, Codec HQ™, Codec Coffee HQ™, Mission Supply Box™, Mission Kit™, Codec Collectors Kit™, Codec Field Kit™, Codec Operators Kit™, Codec Commanders Kit™, Taste & Talk™, Sacred Snake™, CCxCC™, Wake Up to Possibility™, Expergiscere ad Possibilitatem™, Change Your Brand Change the World™, Esto Mutatio™, Esto Mutatio Quam Mundus Desiderat™, Be the Change the World Desires™, Metaplexus™, and ARIS™. Unauthorized use, reproduction, imitation, or modification of any of these trademarks, whether in commerce, marketing, digital media, or any other context, is strictly prohibited and may constitute trademark infringement, unfair competition, or false designation of origin under applicable law. Nothing in these Terms or on the Service shall be construed as granting any license or right to use any trademark displayed on the Service without the prior written permission of CCC or the applicable rights holder. All goodwill arising from any permitted use of CCC trademarks shall inure solely to CCC’s benefit. You agree not to use CCC’s trademarks or trade dress in any way that may cause confusion among customers or the public, or that disparages or discredits CCC or any of its brands. Authorized Use by Partners and Ambassadors: CCC may, from time to time, grant limited, revocable permission for authorized partners, ambassadors, or affiliates to use select trademarks or brand assets in connection with approved programs, promotional events, or co-branded materials. Such use must comply with CCC’s brand guidelines and any written authorization provided. CCC reserves the right to revoke such permission at any time in its sole discretion.

SECTION 14A – TRADEMARKS AND INTELLECTUAL PROPERTY NOTICE

All trademarks, service marks, trade names, logos, designs, slogans, product names, and other identifiers used on or in connection with the Service are the property of Metaplexus LLC, the parent entity and owner of the Codec Coffee™ brand, or its affiliates, licensors, or content providers, whether or not registered. Codec Coffee™ operates as a DBA (doing business as) of Metaplexus LLC. These marks include, without limitation:

Codec Coffee™, Codec Challenge™, Codec Chamber™, Codec HQ™, Codec Coffee HQ™, Mission Supply Box™, Mission Kit™, Codec Collectors Kit™, Codec Field Kit™, Codec Operators Kit™, Codec Commanders Kit™, Taste & Talk™, Sacred Snake™, CCxCC™, Wake Up to Possibility™, Expergiscere ad Possibilitatem™, Change Your Brand Change the World™, Esto Mutatio™, Esto Mutatio Quam Mundus Desiderat™, Be the Change the World Desires™, Metaplexus™, and ARIS™.

Unauthorized use, reproduction, imitation, or modification of any of these trademarks, whether in commerce, marketing, digital media, or any other context, is strictly prohibited and may constitute trademark infringement, unfair competition, or false designation of origin under applicable law.

Nothing in these Terms or on the Service shall be construed as granting any license or right to use any trademark displayed on the Service without the prior written permission of Metaplexus LLC or the applicable rights holder. All goodwill arising from any permitted use of these trademarks shall inure solely to the benefit of Metaplexus LLC.

You agree not to use Company trademarks or trade dress in any way that may cause confusion among customers or the public, or that disparages or discredits Metaplexus LLC, Codec Coffee™, or any affiliated brands.

Authorized Use by Partners and Ambassadors: Metaplexus LLC may, from time to time, grant limited, revocable permission for authorized partners, ambassadors, or affiliates to use select trademarks or brand assets in connection with approved programs, promotional events, or co-branded materials. Such use must comply with the Company’s brand guidelines and any written authorization provided. The Company reserves the right to revoke such permission at any time in its sole discretion.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

As permitted by applicable law:
  1. We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from the use of the Service will be accurate or reliable.
  2. You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice to you.
  3. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

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 meet other legal requirements set forth in these Terms. You agree to indemnify, defend, and hold harmless Codec Coffee Company, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, 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 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. Additionally, we 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 concerning the Service constitute the entire agreement and understanding between you and us. These terms 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.

SECTION 20 – DISPUTE RESOLUTION

Arbitration of Claims

Unless you provide us notice of opt-out within five (5) business days of your first use of the Service, addressed to Metaplexus LLC, 17350 State Hwy 249, Ste 220 #6205, Houston, Texas 77064 (Attention: Dispute Resolution/Chief Operations Officer), all actions or proceedings arising in connection with, touching upon, or relating to any controversy, allegation, or claim arising out of or relating to the Service, the content, your UGC, these Terms, or any applicable Additional Terms (collectively, “Dispute”), shall be submitted to JAMS for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000, or under its Streamlined Arbitration Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Houston, Texas, before a single arbitrator. If the matter in dispute is between CCC and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall commence or maintain any action in a court of law regarding any matter in dispute until such matter has been submitted to arbitration.

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 OTHER EQUITABLE RELIEF OF ANY KIND.

Class Action Waiver

As permitted by applicable law, both you and CCC waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in such actions regarding any Dispute brought by anyone else.

Jury Waiver

AS PERMITTED BY APPLICABLE LAW, BOTH PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL FOR ALL CLAIMS AND ISSUES ARISING UNDER THESE TERMS OR THE USE OF THE SERVICE.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. If you access the Service from outside the U.S., you accept the application of U.S. law.

SECTION 22 – CALIFORNIA NOTICES

In accordance with California Business and Professions Code Section 17538 et al., Codec Coffee’s return and refund policy is available at https://codeccoffee.com.
California residents may receive verification of this information by contacting Metaplexus LLC at 17350 State Hwy 249, Ste 220 #6205, Houston, Texas 77064, or emailing info@codeccoffee.com.

SECTION 23 – GIFT CARD TERMS OF SERVICE

Codec Coffee Company Gift Card Terms of Service are as follows:
  1. Gift Cards may be redeemed online at [Insert Website] or at participating locations.
  2. Gift Cards cannot be exchanged for cash unless required by law.
  3. Gift Cards do not expire and carry no fees.
  4. Additional terms and policies are available in the full Gift Card policy.

Gift Cards may be redeemed online at https://codeccoffee.com or at participating locations.

SECTION 24 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms 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 constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms should be sent to us at info@codeccoffee.com.