Terms and Conditions

Terms and Conditions of Use for www.cafevalet.com

Last Updated: February 19, 2024

INTRODUCTION

Courtesy Products, LLC (“Courtesy Products”) provides this website (“Site”) for your use subject to these Terms and Conditions of Use and all applicable laws and regulations. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you must not access or use the Site.

USE OF THE SITE

Courtesy Products maintains the Site for your non-commercial personal use. Your use of the Site for any other purpose is permissible only upon the express prior written consent of Courtesy Products. Without limiting the foregoing, you may not: (1) use the Site in a commercial manner, including by distributing, transmitting or publishing the Site or any of its content; (2) interfere with others’ use of the Site; (3) impair the Site’s operation or interfere with or disrupt the servers or networks connected to it; (4) interfere with Courtesy Products’ intellectual property rights; (5) frame or otherwise co-brand the Site or any of its content; (6) deep-link to any portion of the Site; or (7) use the Site for any illegal purpose. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party. In such event, we may inform your Internet service provider of your activities and take appropriate legal action.

SITE MODIFICATIONS

We reserve the right, in our sole discretion, to modify, suspend or discontinue any part of the Site at any time, without notice or liability to you or any third party. We also reserve the right, in our sole discretion, to impose limits on certain features and services. Your continued use following the posting of any changes to these Terms and Conditions of Use constitutes your acceptance of those changes. You are expected to check this page, so you are aware of any changes, as they are binding on you. Given that this Site may be updated from time to time, any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

Courtesy Products takes your privacy seriously. Please review our Privacy Policy (Café Valet | Privacy Policy | Single Serve Coffee (cafevalet.com)), the terms of which are incorporated into these Terms and Conditions of Use. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

ELECTRONIC COMMUNICATIONS

By using the Site or sending us an e-mail, you consent to receiving electronic communications and notices from Courtesy Products. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

INTELLECTUAL PROPERTY

Copyright. All copyrightable text, graphics, logos, sound, downloads, software, button icons, other material, and the overall design of the Site (collectively, the “Content”) included in or made available through the Site, is copyrighted by Courtesy Products or our content suppliers and is protected by United States or international copyright laws. All rights reserved. You may print or download a copy of the Content on your computer only for your own personal, non-commercial home use, provided that you do not remove any copyright, trademark or other proprietary notices from the Content. Any other use of the Content is strictly prohibited unless you have prior written permission.

Notice and Procedure for Making Claims of Copyright Infringement. Courtesy Products respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Courtesy Products Legal Department, 10880 Linpage Place, St. Louis, Missouri, 63132. Please include: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright or other proprietary interest; (2) a description of the copyrighted work or other protected material that you claim has been infringed upon; (3) a description of where the material is located on the Site; (4) your address, telephone number, and e-mail address; (5) your statement that you have a good faith belief that the disputed use is not authorized by the copyright or other interest owner, its agent or the law; and (6) your statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or other interest owner or are authorized to act on the owner’s behalf.

Trademarks. CAFÉ VALET is included in the family of trademarks and service marks owned by Courtesy Products in the United States and other countries. Courtesy Products’ trademarks and service marks may not be used in connection with any product or service that is not that of Courtesy Products or in any manner that is likely to cause confusion among customers or without our prior written permission. All other trademarks not owned by Courtesy Products that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Courtesy Products.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Site in breach of these Terms and Conditions, your right to use the Site will stop immediately and you must, at Courtesy Products’ option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Courtesy Products. Any use of the Site not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

YOUR ACCOUNT

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Courtesy Products reserves the right to refuse service, terminate accounts, remove, or edit content, or cancel orders in its sole discretion.

USE OF INFORMATION SUBMITTED

You agree that Courtesy Products is free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgment or payment to you, for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services, or modifying or improving the Site or other products or services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

You understand that Courtesy Products cannot and does not guarantee or warrant that files available for downloading, if any, from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data.

THIS SITE IS PROVIDED BY COURTESY PRODUCTS ON AN "AS IS" AND "AS AVAILABLE" BASIS. COURTESY PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL AND PAYMENT INFORMATION THAT YOU PROVIDE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COURTESY PRODUCTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COURTESY PRODUCTS DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAILS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COURTESY PRODUCTS (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO 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 THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT, ANY CREDIT CARD COMPANY'S NON-AUTHORIZATION OF A USER'S BANK CARD PAYMENT, FOR DISRUPTIONS IN SERVICE ON THIS SITE, OR FOR ERROR, DELAY OR MIS-DELIVERY OF A PAYMENT, REGARDLESS OF THE CAUSE, INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNITY

You agree to indemnify and hold Courtesy Products and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your access or use of the Site or your violation of any law or the rights of any person.

DISPUTES

These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regard to its conflict of law principles. Any action to enforce these Terms and Conditions of Use shall be brought in the federal court in the Eastern District of Missouri or the state courts located in St. Louis County, Missouri. By using the Site, you consent to the jurisdiction and venue of these courts. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of the Site shall be resolved individually, without resort to any form of class action. Any claim or cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, regardless of any law to the contrary.

GENERAL

If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision shall be construed consistent with applicable law, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of such section. Our failure to enforce any provision of these Terms and Conditions of Use shall not constitute a waiver of that or any other provision. These Terms and Conditions of Use and the User Agreement, incorporated herein by this reference, set forth the entire agreement between you and Courtesy Products in connection with your use of the

Payment

All transactions are in U.S. dollars (as indicated by the $). U.S. currency is the only currency accepted for payment.

If you have any questions regarding these Terms and Conditions of Use, please contact us at customerfirst@cafevalet.com.