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June 23, 2015

Terms & Conditions

Terms And Conditions

You must read and accept these terms of use (the “Terms of Use” or the “Agreement”) before using the website and services offered by Bould Development, LLC (“Casper Coffee Roasters” or “we”). This Agreement sets forth the legally binding terms for your use of the website at http://www.caspercoffeeroasters.com (the “Site”) and all services provided by Casper Coffee Roasters on the Site.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms, conditions and policies referenced herein or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.

Effective Date: June 22, 2015.

  1. Membership Eligibility

Age: Craft Coffee’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Casper Coffee Roasters’ policies as stated in the Agreement, in Casper Coffee Roasters Privacy Policy and as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Bould Development, LLC each of which is incorporated herein by reference and each of which may be updated by Casper Coffee Roasters from time to time without notice to you.

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Casper Coffee Roasters from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Casper Coffee Roasters of any unauthorized use of your password or any breach of security. You also agree that Casper Coffee Roasters cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Casper Coffee Roasters without Casper Coffee Roasters’ express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.

Account Transfer: You may not transfer or sell your Casper Coffee Roasters account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: Casper Coffee Roasters’ services are not available to temporarily or indefinitely suspended Casper Coffee Roasters members. Casper Coffee Roasters reserves the right, in Casper Coffee Roasters’ sole discretion, to cancel unconfirmed or inactive accounts. Casper Coffee Roasters reserves the right to refuse service to anyone, for any reason, at any time.

  1. Cancellation Policy

Cancellation Policy: Members are NOT eligible for cancellation. However, members are able to change the shipping address and recipient of their subscription at any time.

  1. Resolution of Disputes and Release

In the event a dispute arises between you and Casper Coffee Roasters, please contact Casper Coffee Roasters.

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Natrona County, Wyoming, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Craft Coffee agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

  1. Craft Coffee’s Intellectual Property

Casper Coffee Roasters, and other Casper Coffee Roasters graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Bould Development, LLC in the U.S. and/or other countries. Casper Coffee Roasters’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

  1. Access and Interference

Much of the information on Casper Coffee Roasters is updated on a real-time basis and is proprietary or is licensed to Casper Coffee Roasters by Casper Coffee Roasters’ users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Casper Coffee Roasters for any purpose without Casper Coffee Roasters’ prior express written permission. Additionally, you agree that you will not:

  • Take any action that imposes, or may impose, in Casper Coffee Roasters’ sole discretion, an unreasonable or disproportionately large load on Casper Coffee Roasters’ infrastructure
  • Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior express written permission of Casper Coffee Roasters and the appropriate third party, as applicable
  • Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  1. Breach

Without limiting any other remedies, Casper Coffee Roasters may, without notice, and without refunding any fees, delay or immediately remove Content, warn Casper Coffee Roasters’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Casper Coffee Roasters suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Casper Coffee Roasters is unable to verify or authenticate any of your personal information or Content; Or Casper Coffee Roasters believes that a user is acting inconsistently with the letter or spirit of Casper Coffee Roasters’ policies, has engaged in improper or fraudulent activity in connection with Casper Coffee Roasters or the actions may cause legal liability or financial loss to Casper Coffee Roasters.

  1. Privacy

Except as provided in Casper Coffee Roasters’ Privacy Policy, Casper Coffee Roasters will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. Casper Coffee Roasters stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

  1. No Warranty

CASPERCOFFEEROASTERS, CASPERCOFFEEROASTERS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CASPERCOFFEEROASTERS’ SUPPLIERS PROVIDE CASPERCOFFEEROASTERS’ WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CASPERCOFFEEROASTERS, CASPERCOFFEEROASTERS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CASPERCOFFEEROASTERS’ SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CASPERCOFFEEROASTERS SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

  1. Liability Limit

IN NO EVENT SHALL CASPERCOFFEEROASTERS, AND (AS APPLICABLE) CASPERCOFFEEROASTERS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CASPERCOFFEEROASTERS’ SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CASPERCOFFEEROASTERS’ SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

CASPERCOFFEEROASTERS’ LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CASPERCOFFEEROASTERS’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CRAFTCOFFEE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

  1. Indemnity

YOU AGREE TO INDEMNIFY AND HOLD CASPERCOFFEEROASTERS AND (AS APPLICABLE) CASPERCOFFEEROASTERS’ PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

  1. No Guaranty

Casper Coffee Roasters does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Casper Coffee Roasters’ control.

  1. Legal Compliance

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Casper Coffee Roasters service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Casper Coffee Roasters’ net income).

  1. Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

  1. No Agency

You and Casper Coffee Roasters are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

  1. Casper Coffee Roasters Service

Casper Coffee Roasters reserves the right to modify or terminate the Casper Coffee Roasters service for any reason, without notice, at any time. Casper Coffee Roasters reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Casper Coffee Roasters makes a material change Casper Coffee Roasters will notify you here, by email, by means of a notice on our home page, or other places Casper Coffee Roasters deems appropriate. What constitutes a “material change” will be determined at Casper Coffee Roasters’ sole discretion, in good faith, and using common sense and reasonable judgment.

  1. Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Wyoming, excluding its conflicts of laws rules, and the United States of America.

  1. Survival

Sections 3 (Pricing and Services), 6 (Content), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Casper Coffee Roasters’ Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.

  1. Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to Bould Development, LLC Attn: Legal; 1510 S Cedar St, Casper, WY 82601 (in the case of Casper Coffee Roasters).

  1. Disclosures

The services hereunder are offered by Bould Development, LLC, located at 1510 S Cedar St, Casper, WY 82601.

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