Terms of service
Last updated: June 10, 2024
Welcome to Tropical Bear Coffee and our Terms of Service (these “Terms”). These Terms are significant and impact your legal rights, so please review them thoroughly. PLEASE NOTE THAT SECTION 19 OF THESE TERMS INCLUDES A MANDATORY ARBITRATION CLAUSE THAT MANDATES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN CERTAIN DISPUTES.
By accessing or utilizing our website (collectively referred to as the “Site”) provided by Tropical Bear Coffee (referred to as “Tropical Bear Coffee,” “we,” or “us”) that link to these Terms, you agree to adhere to these Terms and all the terms integrated herein by reference.
By agreeing to these Terms, you confirm that you are 18 years of age or older. If you accept these Terms on behalf of any individual or entity, you assert that you have the legal authority to do so, and that such individual or entity agrees to be accountable to us in the event of a violation of these Terms.
Failure to agree with every provision of these Terms means you may not access or use the Site, or request, receive, or use coffee, merchandise, or products made available through the Sites (collectively referred to as the “Products”).
By accessing or using the Sites, you declare and assure that you have not been previously suspended or removed from the Sites, or involved in any activity that could lead to suspension or removal from the Sites.
These Terms may be amended at any time for any reason, and Tropical Bear Coffee may inform you of these changes through reasonable means, including notices on the Sites. You can ascertain the last update of the Site by referring to the “Last Updated” tag at the top of these Terms. By continuing to access, browse, or use the Site, or request, receive, or use the Products, you affirm your acceptance of the revised Terms and all the terms integrated herein by reference. We strongly advise you to periodically revisit this page of the Site to review these Terms. If you do not agree with the revised Terms, you may not access or use the Site, or request, receive, or use Products made available through the Sites.
2. REGISTRATION
To access and utilize specific areas or features of the Sites, registration for a Tropical Bear Coffee account is required. Each registration pertains to a single user only.
By creating a Tropical Bear Coffee account, you consent to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) uphold the security of your account credentials, (d) be responsible for the acts or omissions of any third party authorized to access or use the Sites on your behalf, and (e) immediately inform us if you detect or suspect any security breaches related to the Sites or your account. Any modifications to your registration information can be made by sending such changes to this email address (contact@tropicalbearcoffee.com ). Provision of untrue, inaccurate, outdated, or incomplete information may result in the suspension or termination of your account and the refusal of any current or future use of the Site.
By creating a Tropical Bear Coffee account, you also agree to receive electronic communications from Tropical Bear Coffee (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your association with us. You acknowledge that any notices, agreements, disclosures, or other communications sent to you electronically by us will satisfy any legal communication requirements, including, but not limited to, the requirement that such communications be in writing. It is recommended that you maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. Additionally, we may send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we believe will be of interest to you. You have the option to opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
3. SUBSCRIPTIONS AND CANCELLATIONS
You have the option to purchase products or enroll in coffee subscription plans.
Coffee Subscriptions:
You can opt for a coffee subscription plan where you'll receive regular shipments of coffee products according to your chosen delivery frequency. By signing up for a Coffee Subscription, you agree to recurring charges at intervals aligned with your selected delivery schedule, acknowledging that Tropical Bear Coffee (or our third-party payment processor) has authorization to charge you accordingly. Your Coffee Subscription remains ongoing until you cancel it, or we suspend or cease access to the Sites or Products as outlined in these Terms.
Pricing for Coffee Subscriptions:
We reserve the right to adjust prices for your Coffee Subscription at any time. However, in the event of a price change, we'll provide advance notice before processing your order. Please note that changes in applicable taxes may not be notified in advance. The new price will apply unless you cancel your Coffee Subscription before your order is processed as described in the cancellation policies below.
Cancellation Policy for Subscriptions:
You can modify or cancel your Coffee Subscription via the "Your Subscription" tab in your account dashboard or by emailing us at contact@tropicalbearcoffee.com . If you wish to cancel an upcoming subscription order, you must do so at least 24 hours before the scheduled order date via your account dashboard, or 72 hours before via email. Orders are roasted on the scheduled processing date, and therefore cannot be canceled on that day. Once your order is processed, changes or cancellations are not possible, and you will be responsible for all associated charges.
4. PAYMENT, PRICING, AND AVAILABILITY
Payment and Billing Information:
By providing a valid payment method, you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order, including any applicable taxes and charges. If there are any issues with verifying or processing your payment method, your order may be suspended or canceled until the issue is resolved. You can update your payment information in your account dashboard.
You acknowledge that billed amounts may vary due to promotions, changes in your Coffee Subscription, or adjustments in taxes or other charges, and you authorize us to charge your payment method accordingly.
All prices are listed in U.S. dollars, with taxes and additional charges specified separately. We reserve the right to adjust prices at our discretion, but we will notify you of any changes before processing your order, allowing you to cancel your Coffee Subscription if desired.
Availability and Order Limits:
All orders are subject to availability, and we may impose quantity limits or reject all or part of an order without prior notice. If a particular coffee selection is unavailable, we may provide a substitute of similar style and equal or greater value in your shipment. Tropical Bear Coffee is not liable for any errors or omissions in product pricing or discounts offered, and in such cases, we reserve the right to cancel affected orders and refund the charge as the sole remedy for the customer.
5. TAXES
We will collect applicable sales tax on products shipped to states where we are required to collect sales tax. The amount of taxes shown at checkout may be adjusted based on factors such as processor programs and changes in tax rates.
6. SHIPPING AND HANDLING
You are responsible for any shipping and handling charges displayed at the time of purchase. While we reserve the right to adjust these charges, we will notify you of any changes before you finalize your purchase. Typically, shipping is managed by a third-party courier, and actual delivery dates may vary. You agree not to obtain or arrange shipment of products for export. All products purchased from us are subject to a shipment contract, meaning that title and risk of loss pass to you upon our delivery of the product to the third-party courier.
7. DELIVERIES
Upon delivery, it is your responsibility to inspect all products for any damage or other issues.
8. CANCELLATIONS. RETURNS AND REFUNDS
Due to our roast-to-order process, the following rules apply:
You can cancel pending orders by contacting us at contact@tropicalbearcoffee.com , or if you have a Coffee Subscription, through the “Your Subscriptions” tab in your “Account” dashboard.
All cancellations must be made prior to the scheduled order placement date as follows: For email cancellations: requests must be received at least 72 hours before the scheduled order placement date. For cancellations via the “Your Subscriptions” section of the website’s “Account” dashboard: requests must be received at least 24 hours before the scheduled order placement date. Since we often roast coffee for your order on the scheduled shipping day, orders cannot be cancelled or modified on the day of shipping.
RETURNS AND REFUNDS
We do not accept returns or exchanges on any products purchased from our online store, unless the item received is incorrect or damaged.
If you receive an incorrect or damaged product, please contact us within 7 days of receiving your order. We will work with you to resolve the issue promptly. To help us assist you efficiently, please provide your order number and clear photos of the incorrect or damaged items.
If you have any questions about our refund policy or need to report an issue with your order, please contact our customer service team at contact@tropicalbearcoffee.com .
9. LICENSE TO ACCESS AND USE THE SITES AND CONTENT
Unless explicitly stated otherwise by us in writing, the Sites and all content and materials contained within them, including the Tropical Bear Coffee logo, designs, text, graphics, images, data, software, User Content (as defined in Section 12), and other files, are the property of Tropical Bear Coffee or its licensors or users, and are protected by U.S. and international copyright and other laws.
Subject to the terms of this Agreement, you are granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Sites and Content for personal, non-commercial purposes. All rights not expressly granted herein are reserved. You do not acquire any ownership rights in the Sites or Content under these Terms, or any other rights beyond the usage rights granted here, and are subject to all terms, conditions, and restrictions of these Terms.
However, this license is subject to these Terms and does not include the right to and you shall not, directly or indirectly:
Sell, resell, or commercially use the Sites or Content. Distribute, publicly perform, or publicly display any Content. Modify or create derivative works of the Sites or Content. Use any data mining, robots, or similar data gathering methods. Download any portion of the Sites or Content, except as expressly permitted. Use the Sites to violate the rights of others or interfere with the Sites. Use the Sites or Content for any purpose other than their intended purposes. Unauthorized use of the Sites or Content is strictly prohibited and will terminate the license granted herein. Such use may also violate applicable laws, including copyright and trademark laws, and communication regulations. Unless explicitly stated, nothing in these Terms confers any right or license to any patent, trademark, copyright, or other proprietary rights of Tropical Bear Coffee or any third party. This license is revocable at any time.
You agree not to remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content, and you will not reproduce, modify, adapt, create derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Content.
10. TRADEMARKS
The Tropical Bear Coffee logo and any other Tropical Bear Coffee product or service names, trademarks, logos, or other indicators (“Marks”) on the Sites or products are the property of Tropical Bear Coffee or its affiliates or third parties, and may not be copied, imitated, or used without prior written permission. Misuse of any Mark or Content is strictly prohibited.
11. LEGAL REQUIREMENTS; PRIVACY POLICY
Tropical Bear Coffee may disclose IP addresses, personal information, and Site content when legally compelled to comply with valid processes such as judicial proceedings or court orders. Please refer to our Privacy Policy for information on the privacy and security of information collected through the Sites.
12. USER CONTENT
You are solely responsible for all data, information, and materials (“User Content”) you Transmit through the Site. We have no control over, and are not liable for, any damages resulting from the use or misuse of User Content by any third party. Transmitting personal or other information publicly is at your own risk, and Tropical Bear Coffee bears no responsibility or liability, therefore.
You agree not to Transmit User Content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable. Additionally, you agree not to Transmit User Content that infringes any intellectual property rights or contains unsolicited advertising or malicious software. We reserve the right to remove, screen, or edit User Content at any time and for any reason, though we are not obligated to do so.
RIGHTS IN USER CONTENT
By uploading, posting, or submitting User Content to the Sites or to our pages or feeds on third-party social media platforms (e.g., Tropical Bear Coffee’s Facebook page, Instagram page, TikTok page, YouTube page, or Twitter feed), you grant Tropical Bear Coffee a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content. This license allows Tropical Bear Coffee to utilize your User Content in any manner determined by us at our sole discretion, with the understanding that personal information provided will be handled in accordance with our Privacy Policy.
You acknowledge and agree that Tropical Bear Coffee may disclose or use any User Content you Transmit for purposes including, but not limited to:
Enforcing these Terms. Complying with any applicable laws, regulations, or rules. Responding to claims of User Content violations. Protecting the rights or property of Tropical Bear Coffee, its customers, or the public.
14. FEEDBACK
Apart from User Content, you can submit Feedback regarding Tropical Bear Coffee, the Sites, or our products. Feedback is nonconfidential and becomes the sole property of Tropical Bear Coffee. We are entitled to use and disseminate Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting Feedback, you grant Tropical Bear Coffee a worldwide, perpetual, irrevocable, transferrable, royalty-free, non-exclusive license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit such Feedback.
15. LINKED SITES
We have not reviewed all linked websites and are not responsible for their content. Links to other websites do not imply endorsement by Tropical Bear Coffee. Your decision to visit any linked website is at your own risk, and you agree to abide by its terms and conditions. Tropical Bear Coffee reserves the right to remove or refuse links to specific websites at any time. These links are provided for your convenience, and we make no representations or warranties regarding their content.
16. INDEMNIFICATION
You agree to indemnify and hold harmless Tropical Bear Coffee, its subsidiaries, affiliates, business partners, contractors, clients, and service providers, along with their respective officers, employees, agents, and representatives (collectively, the “Tropical Bear Coffee Parties”), from any claims, liabilities, costs, or damages arising from your use of the Sites, any User Content you Transmit, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including violations of the rights of others. Tropical Bear Coffee shall have control over the defense or settlement of any third-party claims. This indemnity is additional to, not in lieu of, any other indemnities set forth in a written agreement between you and Tropical Bear Coffee.
17. DISCLAIMERS
ALL PRODUCTS, THE SITES, AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TROPICAL BEAR COFFEE NOR THE TROPICAL BEAR COFFEE PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
THE TROPICAL BEAR COFFEE PARTIES DO NOT WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE FROM HARMFUL COMPONENTS SUCH AS VIRUSES. THE TROPICAL BEAR COFFEE PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF INFORMATION ON THE SITES. YOUR USE OF THE SITES IS AT YOUR SOLE RISK, AND THE TROPICAL BEAR COFFEE PARTIES DISCLAIM ALL WARRANTIES REGARDING THE LAWFULNESS OF YOUR USE IN ANY PARTICULAR JURISDICTION.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TROPICAL BEAR COFFEE PARTIES DISCLAIM LIABILITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND BASED UPON OR RESULTING FROM ANY PRODUCT OR THE SITES.
18. LIMITATION OF LIABILITY; WAIVER
To the fullest extent permitted by applicable law, the Tropical Bear Coffee Parties shall not be liable for any indirect, special, incidental, or consequential damages arising out of or related to the access to or use of the Sites or Content. This includes damages such as loss of revenue, income, or profits, loss of use or data, or business interruption. The Tropical Bear Coffee Parties shall also not be liable for damages resulting from reliance on any information obtained from any Tropical Bear Coffee Parties Party, or events beyond their reasonable control. This limitation applies regardless of the form of action, whether based on contract, tort, or any other legal theory.
Furthermore, the maximum aggregate liability of the Tropical Bear Coffee Parties arising from the order, receipt, or use of products purchased from the Sites shall not exceed the amount paid for such products. This limitation applies even if your remedies fail in their essential purpose. You hereby release, waive, acquit, and discharge the Tropical Bear Coffee Parties from all claims arising out of or related to these Terms.
If you are a California resident, you waive your rights under California Civil Code 1542, which states that a general release does not extend to claims unknown at the time of executing the release.
19. ARBITRATION AND CLASS ACTION WAIVER
Except for certain disputes seeking injunctive or other equitable relief for the alleged unlawful use of intellectual property, all other disputes arising from or related to this Agreement, the products, or services shall be finally decided by mandatory, binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association. This agreement is governed by the U.S. Federal Arbitration Act.
Arbitration proceedings will be conducted on an individual basis only, and not as a class, consolidated, representative, or private attorney general proceeding. The arbitrator may not join or consolidate more than one person’s claims with yours, nor preside over any form of class, consolidated, representative, or private attorney general proceeding. If any part of this provision is found unenforceable, the entirety of the arbitration provision shall be null and void.
If a claim proceeds in court rather than arbitration, both parties waive any right to a jury trial to the extent permitted by law.
20. MODIFICATIONS TO THE SITES AND PRODUCTS
Tropical Bear Coffee reserves the right to modify, suspend, or discontinue the Sites or the provision of any Products at any time, in its sole discretion.
21. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
The Sites are intended for use by residents of the United States of America only. All matters relating to the Sites are governed exclusively by the laws of the State of North Carolina in the United States of America. If you are located outside of the United States of America and contact us, any information you provide to us will be transferred to the United States of America, and you explicitly authorize such transfer.
22. TERMINATION
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive, and use the Products, at any time and for any reason. You acknowledge and agree that we shall have no liability or obligation to you in such event, and you will not be entitled to a refund of any amounts that you have already paid to us.
23. GOVERNING LAW AND JURISDICTION
The laws of the State of North Carolina, U.S.A., govern these Terms and all transactions they contemplate. Disputes relating to these Terms shall be resolved exclusively in the state courts of New Hampshire, U.S.A. You agree to the personal jurisdiction of such courts over you and to service of process by e-mail and any other means permitted by law.
24. NOTICE
All notices from you under these Terms must be in writing and will be deemed given when delivered to Tropical Bear Coffee at contact@tropicalbearcoffee.com . Notices to you may be made via e-mail, postal mail, or posting on the Sites.
25. SEVERABILITY
If any term of these Terms is held invalid or unenforceable, the remaining terms will remain in full force and effect.
26. SURVIVAL
Certain sections of these Terms will survive the expiration or termination of these Terms, including Sections 2 through 28.
27. MISCELLANEOUS
These Terms constitute the entire agreement between you and Tropical Bear Coffee regarding your use of the Sites and Products. They may not be transferred or assigned by you without our prior written consent. The waiver of any provision will not constitute a waiver of such provision in any other circumstance, and these Terms do not confer third-party beneficiary rights upon any other person or entity.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We expect users of the Sites to respect the intellectual property rights of others. If you believe in good faith that any content on the Sites infringes your copyright, please provide our copyright agent with the following written information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Sites.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.