Effective: May 2020
The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our Site, our store at https://badasscoffeestore.com/
and other services offered at the Site referred to as our “System”
The Bad Ass Coffee of Hawaii Franchise System
Use of parts of the System may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must:
You are responsible for all activity that occurs under your account and accept all risks of unauthorized access. You must promptly notify Bad Ass Coffee if you discover or otherwise suspect any security breaches relating to your account.
Access to the System
We reserve the right to delete or amend the System and any service or material we provide on System, in our sole discretion, without notice. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System, or the entire System.
Violation of These Terms
You agree that Bad Ass Coffee may, in its sole discretion and without prior notice, block and/or terminate your access to the System if we determine that you have violated these Terms or the terms of any other agreements or guidelines that may be associated therewith. You also agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice, and may cause irreparable and unquantifiable harm to Bad Ass Coffee of Hawaii. You also agree that monetary damages would be inadequate for such harm and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
If we take legal action against you as a result of your violation of these Terms, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the System as a result of any violation of these Terms.
License Grant and Restrictions
You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System. You may not: (a) modify the System or any portion thereof; (b) reverse engineer, disassemble, decompile any part of the System (or any element thereof) or otherwise attempt to discover the source code or structure, sequence and organization of any part of the System or any element thereof (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled); (c) make copies, redistribute or sell the System; (d) remove, alter or obscure any trademark, copyright, confidentiality, proprietary or other notices or legends contained on or within the System (or any copy or portion thereof); (e) transmit content that is, without limitation: unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent; invasive of another’s privacy; is tortious; or (f) propagate software that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our franchisees or suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
Your use of the System does not entitle you to make any unauthorized use of any protected content, and, in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
Links to Other Websites and Connecting through Social Media
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
You agree to indemnify, defend, and hold harmless Royal Aloha
Franchise Company, LLC, d.b.a Bad Ass Coffee Company of Hawaii, its officers, directors, franchisees, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, any claim that your content violates the intellectual property rights of a third party, your violation of these Terms, or your violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. You could be held liable for losses incurred by us or another due to someone else using your password or user name. You will indemnify and hold Royal Aloha
Franchise Company, LLC, d.b.a Bad Ass Coffee Company of Hawaii harmless for any improper or illegal use of your account. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account or uninstalling the App.
Warranty and Limitation of Liability
BAD ASS COFFEE OF HAWAII AND/OR ITS AFFILIATES, FRANCHISEES, OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. BAD ASS COFFEE OF HAWAII AND/OR ITS AFFILIATES, FRANCHISEES, OR SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BAD ASS COFFEE OF HAWAII DOES NOT WARRANT THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE AND DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSSES YOU MAY INCUR FROM UNAUTHORIZED USE OF YOUR ACCOUNT OR YOUR USER NAME AND PASSWORD, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
Governing Law, Venue and Jurisdiction
You hereby knowingly, voluntarily and intentionally waive any right that you may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms.
The System is controlled, operated, and administered by Bad Ass Coffee in the United States. We provide this System for use only by persons located in the United States. We make no claims that the System or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
No waiver of these terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
3900 S. Wadsworth Blvd. Suite 650
Lakewood, CO 80235