DEJA BREW COFFEE & BAKERY TERMS OF USE

The following Terms of Use (“Terms”) govern your access to and use of any website, application, or product owned or hosted by Deja Brew Coffee & Bakery. and its direct or indirect subsidiaries and affiliates (collectively, “DEJA BREW COFFEE & BAKERY,” “we,” and “us”) that links to or incorporates these Terms, including any content and services offered through
such a website or application (collectively, the “Site” or “Sites”). These Terms constitute a binding agreement between you and DEJA BREW COFFEE & BAKERY. By using our Site, you agree to these Terms and the DEJA BREW COFFEE & BAKERY Privacy Policy at https://dejabrewcb.com/privacy-policy. If you do not agree to these Terms, you may not use the Site. The Site is available only to individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, the Site and the services offered by the Site are not available to minors. If you do not qualify, stop using the Site immediately.

Modification of Terms

We may revise and update these Terms from time to time without notice. All changes are effective immediately when we post them. Your continued use of our Sites following the posting of revised terms means that you accept and agree to the changes.

Privacy

We value your privacy. Please review the DEJA BREW COFFEE & BAKERY Privacy Policy at https://dejabrewcb.com/privacy-policy, which is incorporated into these Terms and made a part hereof, to understand our privacy practices.

Trademarks

DEJA BREW COFFEE & BAKERY™ and the DEJA BREW COFFEE & BAKERY logo are registered trademarks of Deja Brew Coffee & Bakery. or its direct or indirect subsidiaries or affiliates. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these or DEJA BREW COFFEE & BAKERY’s unregistered trademarks in anyway, including in
advertising or publicity pertaining to distribution of materials on the Sites, without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on the Sites are the trademarks of their respective owners and may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified without express permission from the respective owner. The use of DEJA BREW COFFEE & BAKERY trademarks on any other website is not allowed. We prohibit the use of any of our trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Other Intellectual Property Rights 

The Sites and all content, features and functionality (including but not limited to all information, software, text, displays, images, graphics, photographs, illustrations, video and audio, and the design, selection and arrangement thereof) (“Content”) are owned by DEJA BREW COFFEE & BAKERY, its licensors, agents, or Content providers. The Sites and all Content are protected by U.S. and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws. The Sites may only be used for the intended purpose for which the Sites are made available. Except as may be otherwise indicated on the Sites, these terms permit you to use, view, play, print, and download documents, audio and video on the Sites for your personal, information, and non-commercial purposes only. You may not use, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, post, download, upload, store or transmit any of the Content on the Sites, or any part of the Sites, or our trademarks in any way, except as follows:

- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

- You may store files that are automatically cached by your web browser for display enhancement purposes.

-You may print or download one copy of a reasonable number of pages of our Sites for your own personal, information, non-commercial use and not for further reproduction, publication or distribution.

The Sites, all Content, and all related rights shall remain the exclusive property of DEJA BREW COFFEE & BAKERY or its licensors unless otherwise expressly agreed. You may not remove any copyright, trademark, or other proprietary notices from material found on the Sites.

Permitted and Prohibited Uses 

You may use our Sites only for lawful purposes and in accordance with these terms. You agree not to:

-Use our Sites in any way that may violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries), that may give rise to civil liability, that violates the privacy or publicity rights of individuals or entities, or that could humiliate, threaten, or injure another person or their property rights, including but not limited to intellectual property rights,

-Sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane messages or materials through the Sites.

-Use the Sites in any manner or take any action that could, in our sole discretion, disable, overburden, impose an unreasonable or disproportionately large load, damage, or impair the Sites or interfere with any other party’s use of the Sites.

-Use any robot, spider, other automatic device, or manual process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.

-Use any device, software, routine, or take any other action that interferes or attempts to interfere with the proper working of the Sites or any activities conducted on or through the Sites including transactions.

-Frame, scrape, data-mine, extract, or collect the content of the Site in any form or manner.

-Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

-Bypass, or attempt to bypass, any measures we may use to prevent or restrict access to the Sites or otherwise gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.

-Attack our Sites via a denial-of-service attack or a distributed denial-of-service attack.

Unsolicited Submissions Policy 

We are pleased to hear from our loyal customers and welcome your comments regarding DEJA BREW COFFEE & BAKERY. Except where we specifically request comments or submissions, DEJA BREW COFFEE & BAKERY does not accept or consider creative ideas, suggestions, or materials, including but not limited to recipes and menu items. This policy is designed to avoid misunderstandings if projects developed by DEJA BREW COFFEE & BAKERY or its agents or contractors seem to others to be similar to their own creative
work. You are not permitted to submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against DEJA BREW COFFEE & BAKERY (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant DEJA BREW COFFEE & BAKERY a nonexclusive, perpetual, sublicensable, transferable, royalty-free worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release DEJA BREW COFFEE & BAKERY (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.

Reliance on Information in the Sites 

The information presented on the Sites is made available solely for general information purposes with the understanding that by providing these materials, we are not engaged in the rendering of professional advice or services. In the event that any product available through or listed on the Sites is mistakenly listed at an incorrect price or with other incorrect
information, we reserve the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.

Store location, hours, pricing information, and product details may change from time to time, and we do not warrant the accuracy, completeness or usefulness of this information.

The information or materials contained in or through the Sites are based upon sources believed to be accurate and reliable; however, we make no representation or warranty as to the accuracy, completeness or timeliness of the information or materials. Any reliance you place on such information or materials is strictly at your own risk. We disclaim all
liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

Food Allergen and Preference Information and Ingredient Substitutions

DEJA BREW COFFEE & BAKERY may ask for your food allergen and preference information to assist you in selecting foods that do not include common allergens, and to assist our chefs as they prepare your food. Please note that, while we takes various precautions, we cannot guarantee that any item is free of any animal product or allergen, particularly due to our
reliance on supplier information, the potential for cross contamination with other food in shared preparation and cooking areas, and potential ingredient substitutions.

Ingredient substitutions may occur and preparation methods may vary from those that are disclosed or described, whether due to supply chain challenges, variations in supplier practices, or otherwise.

Age Restrictions 

The Sites are intended for use by persons 18 or older. If you are not 18 or older, you are prohibited from submitting any personal information through the Sites. We do not knowingly collect or permit account registration for anyone under 18 and will delete any personal information submitted by someone under 18 upon information of such. Notwithstanding
the foregoing, we may permit job applicants or employees that are 16 or 17 years old whose personal information we may collect, use, and share for purposes consistent with such roles.

Account Registration and Purchases 

You may only register for a DEJA BREW COFFEE & BAKERY account and purchase our products if you are at least 18 years old. When you register for an account, you represent that (1) you meet such age requirement, (2) all of the information you provide is accurate, current and complete and you will maintain and promptly update such information to keep it accurate,
current, and complete, (3) you will be solely responsible for all transactions that take place using your account, and (4) you will be solely responsible for maintaining the secrecy and security of your account and password.

We reserve the right to refuse service, terminate your account (including your rewards account and any credits accumulated therein), or cancel your orders in our sole discretion, including, without limitation, if we believe in our sole and absolute discretion that your conduct violates applicable law, is harmful to our interests, including may cause financial loss
or legal liability for us or our users or customers, or if you fail to comply with these requirements or any other provision of these terms. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data. DEJA BREW COFFEE & BAKERY will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.

We may suspend or terminate your account, in addition to all other rights and remedies, if you fail to provide valid payment information or fail to pick up your order(s).

Right to Cancel or Suspend Use of Site

If for any reason any portion of the Sites is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sites, we reserve the
right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using the Sites, and to cancel, terminate, modify or suspend the Sites or any portion thereof and void such information.

Charges

For all charges for any products sold on the Sites, DEJA BREW COFFEE & BAKERY will bill your credit card or alternative payment method offered by DEJA BREW COFFEE & BAKERY. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse DEJA BREW COFFEE & BAKERY for all
expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of the Sites and any and all fees charged to you by your financial institution related to the charges. Except as otherwise stated herein, payment obligations are non-cancelable, and fees paid are non-refundable.

To the extent that you access external websites through our Site or through a link on our Site for the purpose of payment processing, those entities may have their own terms, conditions, privacy policies, data collection, and use and disclosure practices to which you understand you may be subject to.

Order Fulfillment 

When you place an order through our Sites, DEJA BREW COFFEE & BAKERY will send you an order acknowledgement to the email address you provide. We reserve the right to refuse or cancel any orders for any reason, including pricing errors as described above, and whether or not the order has been confirmed. Without limitation of the foregoing, DEJA BREW COFFEE & BAKERY is not responsible for any inability to fulfill orders. If your payment card has already been charged for the purchase and we cancel your order, we will issue a credit to your payment card account in the amount charged.

Abandoned Orders 

If you place an order with us and fail to pick it up, we reserve the right to charge you the amount due (including by charging your credit card, if applicable). If you realize you cannot pick up an order, please contact the store that is fulfilling the order as soon as possible to let them know you cannot pick up the order and to see whether a charge may be avoided.
Abandoned orders lead to higher food costs, which in turn requires us to raise our prices. This policy is in place to help us manage food costs and keep our prices low.

Text Messaging 

By providing a cell phone to us you represent and warrant that you are the owner or authorized primary user of the device and you expressly consent to receiving text messages from DEJA BREW COFFEE & BAKERY from time to time, including messages about products that you have ordered and promotional messages. If you no longer wish to receive these messages, please contact us at  [email protected] or reply “STOP” to the text message. Your carrier may charge you standard text messaging rates for each message sent or received.

Changes to the Sites 

We may update the information on our Sites from time to time, but its content is not necessarily complete, accurate, or up to date. Any of the information or materials on our Sites may be out of date, inaccurate, or incomplete at any given time, and we are under no obligation to update such materials or information.

Linking to the Sites 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Links from the Sites 

Any links from the Sites to other websites and resources provided by third parties are provided for your convenience only. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates have control over the contents of those websites or resources, including any content, materials or other information located on or accessible from other websites or resources. We and our respective affiliates accept no responsibility for these websites or resources, make no endorsement, guarantee, or representation or warranty regarding any other website or resource, including any content, materials, or other information located on or accessible from the other websites or resources, or the results of your use these websites or resources, including any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Electronic Communications Privacy Act Notice (18 U.S.C. 2701-2711)

We make no guaranty of confidentiality or privacy of any communication or information transmitted on the site or any website linked to the Sites. We will not be liable for the privacy of the information, e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content transmitted over networks accessed by the Sites, or otherwise connected with your use of the Sites.

Sanctions

You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties. RELEASE, DISCLAIMER AND LIMITATION OF LIABILITY YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR MAINTAINING A MEANS EXTERNAL TO OUR SITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT. YOUR USE OF OUR SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES IS AT YOUR OWN RISK. OUR SITES, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DEJA BREW COFFEE & BAKERY NOR ANY PERSON ASSOCIATED WITH DEJA BREW COFFEE & BAKERY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SITES, NOR DOES DEJA BREW COFFEE & BAKERY OR ANY PERSON ASSOCIATED WITH DEJA BREW COFFEE & BAKERY MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES.

IF YOU PARTICIPATE IN THE PROGRAM, YOU AGREE TO RELEASE DEJA BREW COFFEE & BAKERY, OUR FRANCHISES, AFFILIATED ENTITIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND RELATED COSTS) RELATING TO ANY ISSUES ARISING IN CONNECTION WITH THE PROGRAM, USE OF DEJA BREW COFFEE & BAKERY REWARDS, OR YOUR CONSENT TO THESE TERMS. OUR PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, DEJA BREW COFFEE & BAKERY MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE PROGRAM (INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING OUT OF ANY COURSE OF DEALING, USAGE, OR TRADE, THAT THE REWARDS PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED OR ALWAYS ACCESSIBLE, THAT ANY INFORMATION YOU SUBMIT, INCLUDING PERSONAL INFORMATION AND PAYMENT CARD
INFORMATION, WILL BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DEJA BREW COFFEE & BAKERY OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

DEJA BREW COFFEE & BAKERY SHALL NOT BE LIABLE FOR UNAUTHORIZED USE, ALTERATION, THEFT OR DESTRUCTION OF A REWARDS CREDIT DUE TO ACCIDENT, MISUSE OR FRAUDULENT MEANS BY YOU OR A THIRD PARTY OR AS A RESULT OF CIRCUMSTANCES BEYOND OUR CONTROL.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEJA BREW COFFEE & BAKERY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN THE EVENT THAT DEJA BREW COFFEE &
BAKERY IS FOUND TO BE LIABLE FOR ANY DAMAGES NOTWITHSTANDING THE FOREGOING, ANY DAMAGES OWED BY OR THROUGH DEJA BREW COFFEE & BAKERY SHALL NOT EXCEED THE LAST REWARDS CREDIT BALANCE HELD IN YOUR MEMBERSHIP OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS. DISPUTE RESOLUTION, GOVERNING LAW, AND ARBITRATION

In the event there are any issues, these Terms will be governed by and interpreted in accordance with the laws of the State of Pennsylvania without regard to any conflict of laws principles. BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT YOU WILL RESOLVE ANY DISPUTES WITH DEJA BREW COFFEE & BAKERY THROUGH BINDING AND FINAL ARBITRATION (INSTEAD OF THROUGH COURT PROCEEDINGS) AS FURTHER SET FORTH BELOW. AS PART OF YOUR EXPRESSED ACCEPTANCE OF THESE TERMS, PLEASE NOTE THAT ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR ARISING OUT OF YOUR ACCESS TO OR PARTICIPATION IN THE PROGRAM MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, AND MAY NOT BE ARBITRATED OR OTHERWISE PURSUED AS A CLASS ACTION. YOU AGREE THAT, AS PART OF THE FOREGOING, ANY CLASS, MASS, CONSOLIDATED OR COMBINED ACTIONS OR ARBITRATIONS OR PROCEEDINGS AS A PRIVATE ATTORNEY GENERAL ARE PROHIBITED.

YOU AGREE TO FIRST TRY TO RESOLVE ANY DISPUTE OR CLAIM IN CONNECTION TO THESE TERMS INFORMALLY BY CONTACTING US IN WRITING AT  [email protected]. IF THE DISPUTE OR CLAIM IS NOT RESOLVED WITHIN 60 DAYS OF SUBMISSION, YOU AGREE THAT YOU OR DEJA BREW COFFEE & BAKERY MAY INITIATE ARBITRATION.

IN THE EVENT OF ANY DISPUTE CONCERNING THE PROGRAM OR ITS APPLICABLE TERMS (INCLUDING ISSUES RELATING TO THE EFFECTIVENESS OF THIS ARBITRATION PROVISION), FOLLOWING INFORMAL DISPUTE RESOLUTION, THE PARTIES UNCONDITIONALLY AND IRREVOCABLY AGREE THAT THE DISPUTE WILL BE RESOLVED BY ARBITRATION (AND ACCORDINGLY THEY HEREBY CONSENT TO PERSONAL JURISDICTION OVER THEM) EXCLUSIVELY IN THE VICINITY OF THE DISTRICT OF COLUMBIA OR WILMINGTON, DELAWARE, BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER ARBITRATION RULES. THE ARBITRATION WILL BE HEARD AND DETERMINED BY A SINGLE NEUTRAL ARBITRATOR. THE ARBITRATOR’S DECISION IN ANY SUCH ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES AND MAY BE ENFORCED IN ANY COURT OF COMPETENT JURISDICTION. THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER ITS ATTORNEYS’ FEES AND ARBITRATION COSTS FROM THE OTHER PARTY. THE PARTIES AGREE THAT THE ARBITRATION WILL BE KEPT CONFIDENTIAL AND THAT THE EXISTENCE OF THE PROCEEDING AND ANY ELEMENT OF IT (INCLUDING, WITHOUT LIMITATION, ANY PLEADINGS, BRIEFS OR OTHER DOCUMENTS SUBMITTED OR EXCHANGED AND ANY TESTIMONY OR OTHER ORAL SUBMISSIONS AND AWARDS) WILL NOT BE DISCLOSED BEYOND THE ARBITRATION PROCEEDING, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES. A PRINTED VERSION OF THESE TERMS WILL BE ADMISSIBLE IN JUDICIAL AND ADMINISTRATIVE PROCEEDINGS BASED UPON OR RELATING TO THESE TERMS TO THE SAME EXTENT AS OTHER BUSINESS DOCUMENTS ORIGINALLY GENERATED AND MAINTAINED IN PRINTED FORM. YOU SHALL COMPLY WITH ALL APPLICABLE DOMESTIC AND INTERNATIONAL LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING YOUR USE OF THE SITES. ALL
RIGHTS NOT GRANTED HEREIN ARE EXPRESSLY RESERVED TO DEJA BREW COFFEE & BAKERY.

IN NO EVENT WILL DEJA BREW COFFEE & BAKERY OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE.THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT OR PRODUCTS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES, CONTENT, OR PRODUCTS. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES OR OTHERWISE THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DEJA BREW COFFEE & BAKERY, ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, JUDGMENTS, AWARDS, LOSSES, COSTS, EXPENSES OR FEES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATING TO YOUR VIOLATION OF THESE TERMS (INCLUDING ANY TERMS INCORPORATED HEREIN), YOUR VIOLATION OF ANY THIRD-PARTY RIGHTS, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, PUBLICITY RIGHTS OR INTELLECTUAL PROPERTY RIGHTS, YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY, ANY CLAIM OR DAMAGES THAT ARISE AS A RESULT OF ANY INFORMATION OR MATERIAL THAT YOU PROVIDE TO DEJA BREW COFFEE & BAKERY, OR YOUR USE OF OUR SITES, INCLUDING, BUT NOT LIMITED TO, ANY USE OF OUR SITES’ CONTENT, SERVICES AND PRODUCTS OTHER THAN AS EXPRESSLY AUTHORIZED IN THESE TERMS, YOUR USE OF ANY
INFORMATION OBTAINED FROM OUR SITES, YOUR PLACEMENT OR TRANSMISSION OF ANY MESSAGE OR INFORMATION ON THE SITES BY YOU OR YOUR AUTHORIZED USERS, OR ANY OTHER PARTY’S ACCESS AND USE OF THE SITES WITH YOUR UNIQUE USERNAME, PASSWORD OR OTHER APPROPRIATE SECURITY CODE. WITHOUT LIMITING THE FOREGOING, IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITES OR THE SYSTEMS TRANSMITTING THE SITES TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LOSSES, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, ARISING OR RESULTING FROM THAT DISRUPTION. IN THE EVENT THAT ANY CLAIM IS MADE OR ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE INDEMNIFIED PARTIES, OR ANY OF THEM, ARISING OUT OF OR CONNECTED WITH THE
TERMS, ANY SUCH INDEMNIFIED PARTY MAY, BY REASONABLE NOTICE TO YOU, REQUIRE YOU, AT YOUR EXPENSE, TO RESIST SUCH CLAIM OR TAKE OVER THE DEFENSE OF ANY SUCH ACTION OR PROCEEDING AND EMPLOY COUNSEL FOR SUCH PURPOSE, SUCH COUNSEL TO BE SUBJECT TO THE PRIOR WRITTEN APPROVAL OF SUCH INDEMNIFIED PARTY, WHICH APPROVAL SHALL BE DEEMED TO HAVE BEEN GIVEN HEREBY IN THE CASE OF COUNSEL ACTING FOR YOUR INSURANCE UNDERWRITERS ENGAGED IN SUCH RESISTANCE OR DEFENSE. YOU SHALL COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Release 

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER OR OTHER PARTY RELATED TO THE SITES, YOU RELEASE DEJA BREW COFFEE & BAKERY (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Force Majeure 

We do not guarantee continuous, uninterrupted or secure access to our Sites, and operation of the Sites may be interfered with by numerous factors outside of our control. DEJA BREW COFFEE & BAKERY is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation:
fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns,
picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Waiver and Severability 

No waiver by DEJA BREW COFFEE & BAKERY of any term or condition set forth in these terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of DEJA BREW COFFEE & BAKERY to assert a right or provision under these terms will not constitute a waiver of such right or provision. If
any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect and in the manner most favorable to DEJA BREW COFFEE & BAKERY.

Entire Agreement 

These terms and our privacy policy constitute the sole and entire agreement between you and DEJA BREW COFFEE & BAKERY with respect to our Sites and the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Sites.

General

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You agree that these terms and all incorporated agreements may be assigned by DEJA BREW COFFEE & BAKERY in our sole discretion. Any provision that must survive in order to give proper effect to its intent (e.g., indemnities, any
perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these terms.

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Last Updated: November 3, 2024