Introduction

Welcome to CoffeeCard!

CoffeeCard, LLC (“Company,” “we,” “our” or “us”) owns and operates the website located at www.coffeecard.com (“Website”) and the CoffeeCard app (“App”, together with the Website, “Service”). Your access and use of the Service is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. By accessing or using any part of the Service, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree with all of these Terms and Conditions, you may not use any portion of the Service.

Certain features, products or software that you access from the Service may be subject to additional terms and conditions presented to you at the time that you access them. In addition, some areas of the Service may be hosted or provided by our co-branded sites, coffee partners or third-party host or service providers and are subject to additional terms and conditions of use, which are posted within those areas or on such third parties’ websites.

FURTHER, THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THOSE TERMS CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Usage of the Website

Accessibility. If you are having any trouble accessing these Terms and Conditions or the Service, please contact us at hello@coffeecard.nyc or [PHONE] between 9am-5pm.

Privacy Policy. Use of the Service is also governed by our Privacy Policy, which is incorporated herein by reference.

Authorized Use. This Service is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Service requires the prior written consent of Company.

Unauthorized Use. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Service or any other user's use of the Service, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Service, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Service within another Service. You may not resell use of, or access to, the Service to any third party without our prior written consent.

Emails. We may send you confirmation and other transactional emails regarding the Service. We may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking the unsubscribe link in our email communications or by contacting us, as further detailed in our Privacy Policy.

International Access. Our Service is provided from the USA and all servers that make it available reside in the USA. The laws of other countries may differ regarding the access and use of the Service. We make no representations regarding the legality of the Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the USA.

>Beta Features. From time to time, Company may add new features to the Service that are described as “beta” (“Beta Features”). You acknowledge that Beta Features may be untested, non-functional, and/or partly functional features of the Services. If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in these Terms and Conditions to the contrary, Company does not make any warranties or representations with respect to such Beta Features and does not warrant that the Beta Features will be provided with due care. Do not rely on the Beta Features for any purpose whatsoever. Beta Features may harm and/or interrupt the regular running of your software and/or hardware. Beta Features will be considered part of the Service and all provisions of these Terms and Conditions relating to the Service will apply to the Beta Features.

Registration and Passwords. In order to access certain services on the Service, you may be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy.

Ownership

Proprietary Rights. Company is the owner of or otherwise licensed to use all parts of the Service, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Service belong to third parties who have authorized Company to display the materials, such as certain third party licensors. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Service. All rights not granted under these Terms and Conditions are reserved by Company.

No Ideas Accepted. We do not accept any unsolicited ideas to this Service from outside the company including without limitation suggestions about our products, services or methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Service, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, worldwide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

User Generated Content

• Content Posted By You. Certain pages on the Service may allow you to post text, comments, videos, captions, information or other content (collectively, “Content”). Unless otherwise specified, you may only post Content to the Service if you are eighteen (18) years of age or older. All Content must be in the form and format required by Company. Our Service acts as a passive conduit for any and all communication and/or distribution of information, and we do not control the Content. We cannot and will not evaluate and we are not responsible for the accuracy, reliability, completeness, veracity or suitability of any Content or for verifying the identity of the Service users.
  
• You may only post Content that you created or which the owner of the Content has given you permission to post. If Content depicts any person other than yourself, you must have permission from that person or, if that person is a minor, permission from that person’s parent or legal guardian, before you post the Content. You may be required to provide proof of such permission to Company. You may not post or distribute Content that is illegal or that violates these Terms and Conditions. By posting or distributing Content to the Service, you represent and warrant that (i) you own all the rights to the Content or are authorized to use and distribute the Content to the Service; and (ii) the Content does not and will not infringe any intellectual property, privacy, publicity or any other third-party right nor violate any law or regulation. Further, by submitting or posting Content to the Service, you grant Company the irrevocable, perpetual, worldwide right to reproduce, display, perform, distribute, adapt, and promote this Content in any medium now known or hereafter invented, in perpetuity. Once you submit or post Content to the Service, Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. Company owns all right, title, and interest in any compilation, collective work, or other derivative work created by Company using or incorporating Content posted to the Service. You are solely responsible for anything you may post on the Service and the consequences of posting anything on the Service.
  
• Digital Millennium Copyright Act ("DMCA") Notice. Materials may be made available via the Service by users and other third parties not within our control. We are under no obligation to, and do not, scan content posted on the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.
  
If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
• (i) WA physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Service are covered by a single notification, a representative list of such works at that Service;
• (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• (v) A statement that the complaining party has 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; and;
• (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  
• 
  All DMCA notices should be sent to our designated agent as follows:
  DMCA Agent
  CoffeeCard LLC
  hello@coffeecard.nyc
  
• 
  Prohibited Activities. Company expects all of its users to be respectful of other people. The following is a partial list of the types of conduct that are illegal or prohibited on the Service or while using the Service. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any of the prohibited activities. Without limitation, you agree that you will not post or transmit to other users anything that contains Content that:
• is defamatory, abusive, obscene, profane or offensive, or contains “masked” profanity (e.g., F*@&);
• infringes or violates another party's intellectual property, privacy, publicity or third party rights (such as articles, music, audio, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service);
• is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• promotes or encourages violence, abuse cruelty to animals, use of illegal drugs or alcohol, or other dangerous behavior;
• is inaccurate, false or misleading in any way, or constitutes impersonation of another person;
• is illegal or promotes any illegal activities;
• promotes illegal or unauthorized copying of another person's copyrighted work or provides information to circumvent security measures;
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
• contains any advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.


• Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion. Company will make all determinations as to what Content is appropriate in its sole discretion. Company may edit or remove any Content at any time without notice.

Third Party Materials

Third Party Content. Under no circumstances will Company be liable in any way for any content or materials of any third parties posted on the Service (“Third Party Content”), including, but not limited to, for any errors or omissions in any Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any such Third Party Content. You acknowledge that Company does not pre-screen content, but that Company and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Third Party Content that is available via the Service. Without limiting the foregoing, Company and its designees will have the right to remove any Third Party Content that violates these Terms and Conditions or is deemed by Company, in its sole discretion, to be otherwise objectionable. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Third Party Content or communications posted on the Service or endorse any opinions expressed therein. You understand that by using the Service, you may be exposed to Third Party Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, materials that have been mislabeled or are otherwise deceptive. Under no circumstances will Company be liable in any way for any Third Party Content, including, but not limited to, any errors or omissions in any Third Party Content, or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, emailed, transmitted or otherwise made available on the Service.

Third Party Links. This Service may contain links to other Services, apps, materials and information not maintained by us. Other Services, apps, materials and information may also reference or link to our Service. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy policies of each and every service, app or platform that you visit. We are not responsible for the practices or the content of such other services, apps or platforms.

Social Networking Services. The Service may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Service, we are doing so as an accommodation and, like you, are relying upon those services to operate properly.

Advertisements. The Service may include commercial information or advertisements, including links and recommendations (“Ads”). The Ads may pop up or be displayed on the Service from time to time. We may receive a small fee for your viewing or clicking on such Ads. This notwithstanding, Company cannot and does not guarantee the reliability or accuracy of third party Ads. Company does not endorse the content of third party Ads, and the Ads to not constitute a recommendation to you. Company will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the Service.

Subscriptions; Orders; Billing

Placing a Subscription Order. The prices charged by Company will be those in effect on the date of receipt of your order. When placing your order, the checkout page will specify (i) your selected monthly package (e.g., Robusta, Arabica, Excelsa); and (ii) the monthly, automatically-renewing membership fee that is due. As described further on the Service, your selected monthly membership fee shall include a designated number of monthly “beans,” which are credits redeemable at independent participating coffee shop locations as further set forth on the Service, and as determined in Company’s sole discretion (“Participating Stores”). Company reserves the right to update, change, modify or terminate your subscription benefits at any time in its sole discretion.

Billing. You agree to pay Company for all charges at the prices then in effect for the Subscription Services (as defined below) you or other persons using your account or payment method may purchase, and you authorize Company or its designated payment processor to charge your payment provider for any such purchases. All payments are to be made in United States Dollars. Posted prices do not include sales tax, which will be charged to you when applicable. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested payment. Company disclaims any liability for damages or losses relating to any loss of profits or loss of commission as a result of business transactions not concluded due to price increases.

Subscription Services. Once your order is accepted, you acknowledge and agree that your purchase shall include automatically renewing monthly subscription charges for the monthly services you have selected (“Subscription Services”). You authorize Company to charge your chosen payment method on a recurring monthly basis (“Billing Cycle”) until you cancel or Company suspends, ends or otherwise terminates your access to the Subscription Services, which it may do at any time. Your access to the Subscription Services provides you with the opportunity to use certain benefits (i.e. to redeem monthly “beans” credits at Participating Stores as further described on the Service), provided that your non-use will not obligate Company to provide you with any refund, in whole or in part, of your monthly fees. Your continued use of the Subscription Services reaffirms that Company is authorized to charge your payment method on the recurring basis to which you agreed at enrollment. FOR THE AVOIDANCE OF DOUBT, COMPANY MAY SUBMIT PERIODIC CHARGES WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU AFFIRMATIVELY CANCEL YOUR SUBSCRIPTION SERVICES OR NOTIFY COMPANY THAT YOU WISH TO CHANGE YOUR PAYMENT METHOD INFORMATION.

You may also choose to change or upgrade your Subscription Services at any time on the CoffeeCard mobile application. Any new charges to which you agree for a new subscription package shall be charged to your chosen payment method on a recurring monthly basis upon all of the terms set forth herein at the start of the new Billing Cycle, and you shall have access to your new subscription benefits after the start of such Billing Cycle.

How To Cancel.To change or cancel your access to Subscription Services at any time via the change or cancellation features in the Service. Your cancellation request must be submitted before the start of the next Billing Cycle. If you cancel your Subscription Services, you may use your benefits until the end of the Billing Cycle and your subscription will not be renewed once that Billing Cycle ends. In such event, you will not be entitled to a prorated refund of any unused portion of the monthly subscription fee.

General Ordering and Billing Conditions. You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements, if applicable) in regard to the possession or use of any item purchased from the Participating Stores. Only major credit cards are eligible for billing the Subscription Services and Company reserves the right to reject debit cards, gift cards, pre-loaded cards or similar billing devices. There is a limit of one subscription per person and subscriptions cannot be shared.

Refunds. All purchases and charges are non-refundable. As set forth above, even if you cancel any Subscription Services during a subscription period, you will not receive a refund for any portion of the charges for the remainder of that subscription period. In rare circumstances, Company may, in its sole discretion or the extent required by applicable law, provide you with a credit, refund, discount or other form of consideration.

Third Party Transactions.Through your use of the Service, you may have the opportunity to engage in commercial or other transactions with other users, vendors and other third parties. You acknowledge that all transactions relating to any merchandise or services offered by any third party or any Participating Store, including but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the third party seller or purchaser of such merchandise and services and you, and that you will look solely to such third party to enforce any of your rights. In the event of any problem with the products or services that you have purchased from a third party you agree that you will address such issues with the third party but all limitations of liability and other rights of Company shall apply nonetheless. We may not have the ability to accept returns or refund the purchase price for any transaction you complete with a third party through our Service. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY, OR MADE AVAILABLE BY A PARTICIPATING STORE IS PROVIDED SOLELY BY SUCH THIRD PARTY.

Other Sources of Terms and Conditions; Promotions and Coupons. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Service, including on any checkout page. In order to participate in or use certain services, promotions, discounts or coupons that may be run from time to time with respect to the Service ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Certain merchandise, costs or membership programs, and/or other benefits may be modified or not available in connection with an Offer. Your acceptance or redemption of any Offer constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms and Conditions and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms and Conditions will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms and Conditions or any Additional Terms does not constitute a conflict.

Warranties

NO WARRANTIES. WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SERVICE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR SERVICE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

Indemnification

Indemnification. You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Service, (ii) your negligence, willful misconduct or any breach by you of any of these Terms and Conditions, (iii) your Content and (iv) any violation of applicable law.

LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS ($100.00).

Dispute Resolution

Governing Law; Dispute Resolution. The laws of the State of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association

Website: https://www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Class Action Waiver.YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Time Bar. ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE CLAIM.

Miscellaneous

Changes. All information posted on the Service is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Service. You should check the Service for such changes frequently. Your continued access of the Service after such changes conclusively demonstrates your acceptance of those changes.

Severability. If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies. The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

Questions. Should you have any questions regarding these Terms and Conditions you may contact us at: hello@coffeecard.nyc