Terms of Use
Welcome to More Coffee Design’s Terms of Use! We’re really glad you’re on board. Thank you for choosing to use our services.
Below, we’ve listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary for the protection of both you and us and to make our services possible and more enjoyable for everyone. More Coffee Design offers a wide range of services and features, and part of the following terms may not be relevant to the specific services you use.
We know reading legal terms can be tedious. That’s why we’ve tried to make it a more enjoyable experience. If you have suggestions on how we can improve, we invite you to get in touch with us.
1. Acceptance of Terms
These Terms of Service (this “Agreement”) between More Coffee Design, Inc. (“us” or “More Coffee Design”) and you govern your access and use of our web platform available through www.morecoffeedesign.com (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by us from our offices in the United States. We do not assure that the materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
We may update this Agreement from time to time. By continuing to use this Site and the Services following an update, you agree to the update in its entirety. All updates are effective at the time of their posting. We encourage you to review the “Terms of Service” link on the home page every time you visit this Site so that you are aware of any updates.
By using our website and accessing our services, you agree to the terms of this agreement. We control and operate our site from the United States, and it may not be appropriate or available for use in other locations. You may be responsible for complying with all applicable laws if you access our site from outside the United States. This agreement may be updated from time to time, and by continuing to use our services, you agree to these updates. We encourage you to regularly review the terms of service.
2. Privacy Policy
2.1 Our privacy policy, which can be found at https://morecoffeedesign.com/privacy-policy/ (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you agree to the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least 18 years old to access this Site.
Our Privacy Policy describes how we use your personal information. By continuing to use our site, you agree to this policy. If you disagree with the use of your personal information as described in our policy, please stop using our site immediately. You must be at least 18 years old to access our site.
3. The Services
3.1 Subject to your compliance with this Agreement, as well as your subscription to an applicable plan and our timely receipt of your associated payment(s), we will make available the applicable Services to you for the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available, subject to periods of scheduled downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without prior notice.
3.2 You may only access and use the Services in accordance with the terms of this Agreement. You agree to: (i) provide accurate, current, and complete information about yourself as may be required by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data to keep it accurate, current, and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for all and any activities that occur under your account. You must provide a valid email address for each person you authorize to use your account. You agree to provide any other information that we reasonably request.
3.3 You are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment and services necessary to access and use the Services and for paying all charges related thereto.
3.4 We may terminate your account without prior notice or liability to you if we find, at our sole and absolute discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or equipment in any way, including using our services for illegal purposes.
3.5 “Deliverables” means content that we develop and provide specifically for you based on your design requests. Deliverables do not include Licensed Content, which is subject to certain license restrictions.
3.6 “Licensed Content” refers to stock or pre-existing content elements that we own or license from a third party, including art, stock photographs, audio, typography, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all rights, title, and interest in and to the Deliverables, the Licensed Content incorporated into the Deliverables is subject to the license described in Section 5 below. No rights are granted to any Licensed Content beyond what is expressly stated here.
3.7 Subject to your continued compliance with this Agreement, including the timely payment of the associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services to monitor their availability, performance, or functionality for competitive purposes. You may not, and you may not allow any third party to: (a) reverse engineer (except as specifically permitted by statutory law), decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structures, ideas, or algorithms of the Services, (b) modify, translate, or create derivative works based on the Services, (c) use the Services for any purpose other than your own internal purposes; or (d) use the Services in any other way other than in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
3.8 You grant us a perpetual, irrevocable, worldwide, non-exclusive, transferable, and sublicensable right and license to commercially exploit in any manner any feedback, suggestion, or recommendation you provide to us.
We offer our services subject to your compliance with this agreement, your subscription, and our timely receipt of the associated payments. You have specific responsibilities regarding the use of our services, including the accuracy of the information provided and the security of your account. We have the right to terminate your account if you violate this agreement or abuse our services. Deliverables and Licensed Content are subject to certain terms and conditions. You grant More Coffee Design the right to use any feedback, suggestion, or recommendation you provide to us.
4. Use of the Services
4.1 You may use the Services for any number of projects and scopes for which you have subscribed according to the corresponding plan and as is appropriate based on the size of your account. While we accept unlimited requests for deliverables and revisions of those deliverables, our production volume is limited to 10 per day or the maximum number of designs purchased. We will do our best to work with you to attend to any priority items and your deadlines.
4.2 We do everything possible to minimize any errors in the final deliverables. However, due to the nature of creative design, we cannot guarantee that all final deliverables are 100% error-free. When we deliver a file to you, you agree to review and correct all files for errors or omissions and notify us if changes or corrections are needed within seven (7) days of receipt. We will do our best to quickly make edits to correct any errors you notify us of during this period. If you notify us of any errors after that period, we are not obligated, but will attempt to work with you to make corrections.
4.3 The speed of your account is determined by how many subscriptions you have. A subscription is a measure of production and represents what we can achieve in a business day, with our team, our software, and our web platform. What we can create with a single subscription depends on many factors, including, but not limited to: (i) the type of plan; (ii) the volume of requests; and (iii) the complexity of the requests. We do not guarantee the amount of work we can create with a single subscription. To increase the volume of work we can complete within a business day, we suggest that you add subscriptions to your account.
4.4 You own and/or control all of the information, data, or materials that you provide to us to use the Services (“Customer Content”). By submitting Customer Content to us, you are representing that you own such Customer Content and/or have the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use the Customer Content to provide the Services.
4.5 You are, and will be, the sole and exclusive owner of all rights, title, and interest in and to the Deliverables, including all intellectual property rights in them. We agree that with respect to any Deliverable that may qualify as a “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are considered a “work made for hire” for you. To the extent that any Deliverable does not constitute a “work made for hire”, we irrevocably assign to you all right, title, and interest worldwide in and to the Deliverables, including all intellectual property rights in them. Notwithstanding the foregoing, the terms of this Section 4.5 are subject to your compliance with this Agreement, your full payment of the amounts due and the terms of Sections 4.7 and 5 below. You grant us a limited, non-exclusive, non-sublicensable, royalty-free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display and distribute any Deliverable we develop in connection with the Services solely for the purpose of providing you with the Services and managing your account. We may also use the Deliverables and other information about you and your use of the Services for internal purposes to improve our Services and in an aggregate form to illustrate the scope of our Services for marketing and advertising purposes.
4.6 More Coffee Design does not endorse and will not tolerate the use of its Service for discrimination against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not allowed to use the Service in a way that may or is likely to incite, promote, or support such discrimination and you should not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may permanently or temporarily terminate or suspend your access to the Service, without prior notice and without liability for any reason.
4.7 The Services may allow you the option of using AI-generated content as part of your Deliverable. To the extent that you use AI-generated content or otherwise accept the use of AI-generated content in your Deliverable, you agree to and will comply with OpenAI’s terms of use regarding such AI-generated content (whose terms are found at https://openai.com/policies/terms-of-use and are incorporated here by reference), or any other terms identified by us when you request or consent to the use of AI-generated content. For clarity, OpenAI’s terms of use are separate from and additional to (and do not supplant or replace) More Coffee Design’s Terms of Service, which will continue to apply in full force and effect. We have very limited control over AI-generated content. We make no warranties or representations of accuracy, completeness, reliability, ownership, or non-infringement with respect to any AI-generated content. By requesting or consenting to the use of AI-generated content, you acknowledge and agree that any use of AI-generated content is at your own risk.
You can use our services for any number of projects for which you have subscribed. While we accept unlimited requests, production depends on the volume and complexity of requests. You must review and correct any errors in the deliverables within 7 days. The performance of your account depends on how many subscriptions you have. You are the owner of all the content you provide to us and the sole owner of the deliverables. We do not allow our services to be used to discriminate and may use AI-generated content, subject to OpenAI’s terms of use.
5. Use of Licensed Content
5.1 Subject to your compliance with this Agreement and full payment of amounts due, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide right and license for the Licensed Content for your personal or professional use incorporated into a Deliverable. Except as expressly provided in the license terms associated with the Licensed Content, all Licensed Content is provided and licensed for a single use incorporated into a Deliverable only. You may transmit, display, distribute, or reproduce that single-use Deliverable containing the Licensed Content, but only as part of that Deliverable. If you wish to use the Licensed Content for another project, final product, or different use, you must acquire another license. Under no circumstances will you use the Licensed Content independently. Except as we expressly allow, you agree not to accumulate, sell, rent, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available to you.
5.2 To the extent we license the Licensed Content from any third party, including but not limited to Adobe Stock or Envato, you agree to comply with the relevant third-party license, which, as appropriate, includes the Adobe Stock General Terms and Specific Product License Terms at https://www.adobe.com/legal/terms/enterprise-licensing.html and the Envato Elements license terms at https://elements.envato.com/license-terms. For clarity, these license terms are independent of and additional to (and do not supplant or replace) the More Coffee Design Terms of Service, which continue to apply in full force and effect. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any portion of your rights to use Licensed Content apart from the Deliverable in which it is incorporated; (ii) change, alter, adapt, translate, convert, modify, or make any derivative work of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or otherwise unlawful manner; (v) use Licensed Content in any manner that allows others to download, extract, or redistribute Licensed Content as a standalone file or work; and (vi) use Licensed Content featuring models or properties in connection with a subject that would be unflattering or unduly controversial to a reasonable person (e.g., sexually transmitted diseases), you must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
5.3 Our licensors and we retain ownership over the Licensed Content, whether downloaded through our stock services or incorporated into your Deliverable. We reserve the right to terminate, revoke, or withdraw all licenses in the event of breach of any provision of this Agreement. In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content incorporated into your Deliverable.
We grant you a revocable, non-exclusive, non-transferable, royalty-free, and worldwide license for the Licensed Content for your personal or professional use. This license only applies to a single use incorporated into a Deliverable. If you wish to use the Licensed Content for another project, you must acquire another license. You must comply with relevant third-party licenses and you cannot sell, alter, or use the Licensed Content unlawfully. We retain ownership of the Licensed Content and we can terminate the license if you breach the provisions of this Agreement.
6. Fees
6.1 The use of our Services requires the payment of recurring fees. Before having any obligation to provide Services, you must pay the fees (as well as any applicable taxes) in full, in the amounts and with the billing frequency specified during registration, as you update it (prospectively, not retroactively) from time to time. All fees are payable upon receipt of the invoice. More Coffee Design’s failure to provide an invoice does not exempt you from your obligation to pay the fees according to the terms specified when you register. By registering for the Services, you agree to authorize us to charge your payment method (e.g., credit card) for the applicable fees and taxes from the date of your registration according to your chosen billing frequency (e.g., monthly, quarterly, annually). Past due charges will accrue monthly interest at a rate of 1.5% of the unpaid balance at that time, or the maximum rate permitted by law, whichever is less. We reserve the right to suspend or terminate your account in the event that you fail to pay the amounts due to us when due. All amounts owed under this Agreement are non-alterable and non-refundable, except as specifically provided in this Section 6.
6.2 We reserve the right to change our fees with 5 days’ notice. By continuing to use the Services, you accept such changes. We are not obligated to notify you of temporary promotions or fee reductions.
6.3 You can cancel your subscription with us at any time directly in our application, or by contacting our support team. If you cancel your subscription before the next renewal cycle, you can continue to use your account and access your design files until the end of your paid billing period. When your subscription expires, you will no longer have access to our Services and all design files associated with those Services. We do not offer refunds or credits for partial months of service, downgrades, or unused time.
You must pay recurring fees to use our Services, and you authorize us to charge your payment method for the applicable fees and taxes. We can change our fees with 5 days’ notice, and we are not obligated to notify you of temporary promotions or fee reductions. You can cancel your subscription at any time, but we do not offer refunds or credits for unused time.
7. Confidential Information
7.1 For the purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information related to current or future businesses, products and services, research, images, development, design details and specifications, and marketing plans.
7.2 During the course of our relationship, you may disclose your Confidential Information to us. We commit to keep your Confidential Information confidential and not disclose it to any third party, except as approved or directed by you in writing, and we will use your Confidential Information solely for the Services. We will limit access to your Confidential Information only to those employees, directors, contractors, representatives, and agents who are involved in providing you with Services. We will be liable to you for any breach of this provision by our employees, directors, contractors, representatives, and agents.
7.3 During the course of our relationship, we may also disclose our Confidential Information to you. You commit to keep our Confidential Information confidential and not disclose it to any third party, except as approved or directed by us in writing, and you will use our Confidential Information only for the purposes permitted by this Agreement. You will limit access to our Confidential Information only to those employees, directors, contractors, representatives, and agents who need to disclose our Confidential Information. You will be responsible for any breach of this provision by your employees, directors, contractors, representatives, and agents.
7.4 Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information: (a) information that was in the public domain at the time of its disclosure or has entered the public domain without violating this Agreement; (b) information that was already in the legitimate possession of one of the parties at the time of disclosure; (c) information that is independently developed by one of the parties without violating this Agreement; or (d) information that is known to one of the parties, without restriction, from a third-party source that does not directly or indirectly involve a breach of this Agreement.
7.5 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
During our relationship, both you and we may share Confidential Information. Both parties agree to keep confidential and not disclose to any third party any Confidential Information of the other party, and to use the Confidential Information only for the agreed purposes. Any information that was in the public domain, already in legitimate possession of a party, independently developed, or known without restriction from a third-party source does not constitute Confidential Information. The confidentiality obligations will last five years after the termination of the Agreement.
8. Advertising
8.1 Unless you provide us with written notice to the contrary or any reasonable restriction or requirement, you agree that we may disclose that you are a customer and we may use your name(s) and logo(s) in: (a) our digital, online, and printed marketing materials (including on our websites); and (b) external presentations, including to individual customers and prospects.
Unless you notify us otherwise in writing, you agree that we may disclose that you are our customer and use your name and logo in our marketing materials and public presentations.
9. Term and Termination
9.1 This Agreement will expire and terminate with the expiration or termination of your account or subscription to a Service; provided that all sections of this Agreement that by their nature should survive termination will survive termination, including but not limited to, accrued payment rights, confidentiality obligations, warranty disclaimers, and liability limitations.
9.2 We may terminate this Agreement at any time with notice if you breach or violate this Agreement. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement related to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement due to your breach, any license for Licensed Content will terminate.
This Agreement will terminate when your account or subscription to a service ends. Certain parts of the agreement will survive its termination, including accrued payment rights and confidentiality obligations. We may terminate this agreement at any time if you breach its terms. Upon termination, you will lose all access to the applicable service, including your account and any Customer Content. If the agreement is terminated due to a breach on your part, any license for Licensed Content will also terminate.
10. Disclaimer of Warranties
10.1 EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 10.1, THE SITE AND SERVICES (INCLUDING BUT NOT LIMITED TO DELIVERABLES, LICENSED CONTENT AND AI-GENERATED CONTENT) ARE PROVIDED “AS IS, AS AVAILABLE”. WE MAKE NO PROMISES ABOUT OUR SERVICES AND, TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND OTHER RIGHTS VIOLATIONS, ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.
The More Coffee Design site and services, including deliverables, licensed content, and AI-generated content, are provided “as is” and “as available”. We make no promises about our services and disclaim all warranties, whether express or implied, unless otherwise specified. This includes warranties of merchantability, fitness, non-infringement of intellectual property, and other rights violations.
11. Limitation of Liability
11.1 WE SHALL NOT BE LIABLE FOR ANY PROFIT, REVENUE, DATA, FINANCIAL LOSS, OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THIS SITE. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED OR EXPRESS WARRANTY, SHALL NOT EXCEED FIFTY DOLLARS ($50.00), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
More Coffee Design shall not be liable for any loss of profits, revenue, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages arising from the use or the inability to use this site. Our total liability, for any claim under these terms, shall not exceed fifty dollars ($50.00), regardless of the cause of action. This clause does not affect any liability that cannot be excluded or limited under applicable law.
12. Indemnification
12.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH CUSTOMER CONTENT OR THE USE OF THE SERVICES, ANY DELIVERABLES, LICENSED CONTENT, OR AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO THE VIOLATION OF ANY THIRD-PARTY LICENSE TERMS. YOU SHALL COOPERATE AS WE MAY REQUIRE IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
You agree to defend, indemnify, and hold More Coffee Design harmless from any claims, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the customer content or the use of the services. This includes any violation of third-party license terms. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not settle any claim without our prior written consent.
13. Links to Third-Party Platforms
13.1 If this Site is available through any third-party platform, or if we provide links from this Site to any third-party platform, then we accept no responsibility for any content or practices of such third parties.
More Coffee Design accepts no responsibility for any content or practices of any third-party platforms, whether our Site is available through such a platform or we provide links to it.
14. Digital Millennium Copyright Act
14.1 We take copyright infringement claims seriously. We will respond to notifications of alleged copyright infringement that comply with applicable law. If you believe that any material accessible on or from this Site infringes your copyright, you may request the removal of those materials from this Site by sending a written notification to our designated agent below.
14.2 In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notification (the “DMCA Notice”) must substantially include the following: (1) your physical or electronic signature; (2) identification of the copyrighted work that you believe has been infringed or, if the claim involves multiple works on this Site, a representative list of such works; (3) identification of the material that you believe is infringing in a sufficiently precise manner to allow us to locate that material; (4) adequate information for us to be able to contact you (including your name, postal address, telephone number, and, if available, email address); (5) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (6) a statement that the information in the written notification is accurate; and (7) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
14.3 Our designated agent to receive DMCA Notices is:
Staff Manager
More Coffee Design, Inc.
2404 Belen Dr.
Leander, TX 78641
Hello@MoreCoffeeDesign.com
More Coffee Design takes copyright infringement claims very seriously and will respond to notifications of alleged infringement that comply with applicable law. To request the removal of material infringing copyright, users can send a written notice, including specific information, to our designated agent.
15. Dispute Resolution and Forum Choice
15.1 This Agreement is governed by, and interpreted in accordance with, the laws of the State of Arizona, without regard to any choice of law principle, conflicts of law, or other principles that would result in the application of laws or regulations of any other jurisdiction. Any legal action, claim, or proceeding related to or arising from this Agreement shall be instituted in a state or federal court of competent jurisdiction in Williamson County, Texas. The parties agree to submit to the exclusive jurisdiction of these courts in any legal action or proceeding.
15.2 If no court in Williamson County, Texas is found to have jurisdiction, then the parties will adjudicate any dispute arising from or related to this Agreement through binding arbitration administered by the International Dispute Resolution Center in accordance with its International Arbitration Rules. All aspects of the arbitration proceeding, and any ruling, decision, or award of the arbitrator, will be strictly confidential for the benefit of all parties.
15.3 THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
15.4 THE PARTIES AGREE THAT ANY CAUSE OF ACTION OR CLAIM ARISING FROM OR RELATED TO THESE TERMS OF USE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
This Agreement is governed by the laws of the state where More Coffee Design is located. Any dispute will be handled by a court of competent jurisdiction in the same state. If no court with jurisdiction is found, binding and confidential arbitration will be conducted. The parties agree to bring claims only on an individual basis and any cause of action must be initiated within one year; otherwise, it is permanently prohibited.
16. Assignment
16.1 This Agreement and the rights and obligations hereunder are personal to you, and you may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.
This Agreement is personal to you, and you cannot assign or transfer this Agreement without the prior written consent of More Coffee Design. More Coffee Design can freely assign this Agreement, including in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of its assets or stock.
17. Severability
17.1 If one or more of the provisions of this Agreement are for any reason deemed invalid, illegal or unenforceable by a competent court, the remaining provisions of this Agreement will not be affected and will remain in full force and effect, and the invalid, illegal or unenforceable provision(s) will be replaced by valid, legal, and enforceable provision(s) that closely reflect the underlying intent of the parties to the invalid, illegal, or unenforceable provision(s).
If any provision of this Agreement is deemed invalid, illegal or unenforceable, the other provisions will remain in effect. The invalid, illegal or unenforceable provision will be replaced by one that is valid, legal, and enforceable, and that comes closest to the original intention of the parties.
18. No Waiver
18.1 The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. A waiver by any party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
The fact that a party doesn’t exercise a specific right doesn’t imply they are waiving that right in the future. Likewise, waiving a specific term or condition or a particular breach doesn’t imply waiving future terms, conditions, or breaches.
19. Force Majeure
19.1 If we are unable to fulfill any obligation under this Agreement due to any reason beyond our reasonable control, including but not limited to, pandemic or widespread outbreak of infectious diseases, government shutdown, lightning, floods, exceptionally severe weather, fires, explosions, war, civil disorder, industrial disputes/labor disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications services, public utilities, or other third party services, and hostile network attacks (each a “Force Majeure Event”), we will have no liability to you for such failure; provided however, we will resume performance as soon as the circumstances that constitute the Force Majeure Event are eliminated.
More Coffee Design will not be liable for any failure to fulfill obligations under this Agreement resulting from events beyond its reasonable control (a “Force Majeure Event”), such as pandemics, government shutdowns, extreme weather conditions, war, labor strikes, government acts, loss of telecommunications services, among others. Once the Force Majeure Event circumstances are eliminated, More Coffee Design will resume its obligations according to the Agreement.
20. Entire Agreement
20.1 If you have executed a separate agreement with us applicable to your access and use of this Site or our Services, then the terms and conditions of that agreement will prevail in the event of any conflict with this Agreement. In all other cases, this Agreement constitutes the complete agreement between the parties with respect to its subject matter and supersedes all prior communications and proposals.
If the client has entered into a separate agreement with More Coffee Design that applies to their access and use of the company’s site or services, then the terms of that agreement will prevail in case of conflict with this Agreement. In all other cases, this Agreement is the complete agreement between More Coffee Design and the client, and supersedes any prior communication or proposal.