LEGAL NOTICE & TERMS OF USE

Effective Date: October 1, 2026

Welcome to Crack Ass of Dawn Coffee (“Crack Ass of Dawn,” “Company,” “we,” “us,” or “our”). These Terms of Use govern your access to and use of our website, online store, products, content, and services (collectively, the “Site”).

By accessing, browsing, or purchasing from the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use. If you do not agree, please do not use the Site.

1. BUSINESS INFORMATION

Crack Ass of Dawn Coffee is an independently operated coffee and merchandise brand.

The Site may offer coffee, tea, merchandise, promotional materials, digital content, and other products or services.

Company contact information should be provided on the Site's Contact page.

2. PRODUCT INFORMATION

We make reasonable efforts to ensure that product descriptions, photographs, prices, availability, ingredients, and other information displayed on the Site are accurate.

However, we do not guarantee that all information will always be complete, current, or error-free.

Product colors and appearances may vary depending on your device, monitor, lighting, photography, or manufacturing processes.

We reserve the right to correct errors, modify product information, discontinue products, or change prices at any time without prior notice.

3. FOOD, COFFEE, TEA & ALLERGEN DISCLAIMER

Coffee and tea products are food products and should be consumed according to the product's instructions and labeling.

Customers are responsible for reviewing product labels, ingredient information, allergen information, and preparation instructions before consuming any product.

If you have a food allergy, sensitivity, dietary restriction, or medical condition that may be affected by a food or beverage product, consult an appropriate healthcare professional before consuming the product.

We are not responsible for adverse reactions resulting from a customer's failure to review product information or from consuming a product despite a known allergy or sensitivity.

Where products are manufactured, roasted, packaged, or fulfilled by a third-party supplier, those products may be subject to that supplier's manufacturing, handling, packaging, allergen, and quality-control procedures.

4. NO MEDICAL CLAIMS

Crack Ass of Dawn Coffee products are not intended to diagnose, treat, cure, or prevent any disease or medical condition.

Statements appearing on the Site regarding coffee, tea, caffeine, energy, focus, alertness, or other potential effects are for general informational and marketing purposes only and are not medical advice.

Individual results may vary.

5. CAFFEINE DISCLAIMER

Certain products may contain caffeine.

Customers are responsible for determining whether caffeine consumption is appropriate for them.

Individuals who are sensitive to caffeine, pregnant or breastfeeding, taking medication, or have a medical condition that may be affected by caffeine should consult a qualified healthcare professional regarding caffeine consumption.

We are not responsible for adverse effects resulting from caffeine consumption.

6. PURCHASING & PAYMENT

By placing an order through the Site, you represent that:

1. You are legally capable of entering into a binding agreement;
2. The information you provide is accurate and complete;
3. You are authorized to use the payment method provided; and
4. You agree to pay all applicable charges associated with your purchase.

We reserve the right to refuse, cancel, or limit any order for any lawful reason, including suspected fraud, pricing errors, inventory limitations, or fulfillment issues.

7. PRICES & TAXES

Prices displayed on the Site are subject to change without notice.

Applicable sales taxes, duties, shipping charges, or other fees may be added to your order as required by applicable law.

If an obvious pricing or listing error occurs, we reserve the right to cancel the affected order and refund any amount paid.

8. SHIPPING & DELIVERY

Estimated delivery dates are estimates only and are not guaranteed unless expressly stated otherwise.

We are not responsible for delays caused by carriers, weather, natural disasters, governmental actions, supply-chain disruptions, incorrect addresses, customer-requested delivery changes, or other circumstances outside our reasonable control.

Customers are responsible for providing an accurate shipping address.

9. RETURNS, REFUNDS & DAMAGED PRODUCTS

Returns, refunds, exchanges, cancellations, and damaged-product claims are governed by the Company's Refund and Return Policy displayed on the Site.

Nothing in these Terms is intended to eliminate or restrict any consumer rights that cannot legally be waived.

Customers should contact us promptly regarding damaged, defective, incorrect, or missing products and provide any requested documentation or photographs.

10. THIRD-PARTY PRODUCTS & FULFILLMENT

Certain products may be manufactured, roasted, packaged, shipped, or fulfilled by independent third-party suppliers.

The use of a third-party supplier does not necessarily create an agency, partnership, joint venture, employment, or other legal relationship between Crack Ass of Dawn Coffee and that supplier.

Where permitted by law, the Company is not responsible for circumstances caused solely by a third-party manufacturer, supplier, carrier, or service provider that are outside the Company's reasonable control.

11. INTELLECTUAL PROPERTY

All Crack Ass of Dawn Coffee names, logos, characters, artwork, slogans, photographs, graphics, designs, product names, written content, videos, and other original materials appearing on the Site are owned by or licensed to the Company and are protected by applicable intellectual-property laws.

Without prior written permission, you may not:

• Copy or reproduce our original artwork or characters;
• Use our logos or branding for commercial purposes;
• Modify or create derivative works from our protected artwork;
• Sell products containing our intellectual property;
• Represent our intellectual property as your own;
• Use our branding in a manner likely to cause confusion; or
• Use our content for commercial purposes without authorization.

“Crack Ass of Dawn,” the Crack character, associated artwork, slogans, logos, and other branding should be treated as proprietary intellectual property to the extent protected by applicable law.

Nothing in these Terms grants you ownership or a license to use Company intellectual property except as expressly authorized in writing.

12. USER CONTENT

If you voluntarily submit reviews, photographs, comments, testimonials, suggestions, or other content to us, you represent that you have the right to provide that content.

By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, modify, and distribute that content for legitimate business, marketing, advertising, and promotional purposes, subject to applicable law.

We reserve the right to remove content that is unlawful, abusive, misleading, infringing, or otherwise inappropriate.

13. PROHIBITED USE

You agree not to use the Site to:

• Violate any applicable law;
• Commit fraud;
• Attempt unauthorized access to the Site;
• Interfere with Site security or operation;
• Introduce malicious software;
• Scrape or systematically copy Site content without permission;
• Infringe intellectual-property rights;
• Impersonate another person or business; or
• Engage in conduct that could damage the Company, its customers, suppliers, or Site.

14. THIRD-PARTY LINKS & SERVICES

The Site may contain links to third-party websites, applications, payment processors, social-media platforms, shipping providers, or other services.

We do not control those third parties and are not responsible for their content, policies, security, availability, or practices.

Your use of third-party services may be subject to separate terms and privacy policies.

15. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE AVAILABLE, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS.

16. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRACK ASS OF DAWN COFFEE AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR PURCHASE OR USE OF OUR PRODUCTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM A PARTICULAR PURCHASE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

17. INDEMNIFICATION

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Crack Ass of Dawn Coffee and its owners, officers, employees, contractors, agents, suppliers, and service providers from claims, damages, liabilities, losses, costs, and reasonable expenses arising from:

• Your violation of these Terms;
• Your misuse of the Site;
• Your violation of another person's rights;
• Your unlawful conduct; or
• Your breach of any representation made by you.

18. FORCE MAJEURE

We shall not be responsible for failure or delay in performing our obligations when such failure or delay results from circumstances beyond our reasonable control, including natural disasters, severe weather, fire, acts of government, war, terrorism, labor disruptions, transportation failures, supply shortages, internet or technology failures, or other extraordinary events.

19. GOVERNING LAW

These Terms shall be governed by the laws applicable in the jurisdiction in which the Company is legally organized and operates, without regard to conflict-of-law principles, except where applicable consumer-protection laws require otherwise.

Any dispute shall be handled in a court or other legally authorized forum having appropriate jurisdiction, subject to any mandatory rights provided to consumers by applicable law.

20. SEVERABILITY

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

21. NO WAIVER

Our failure to enforce any provision of these Terms shall not constitute a waiver of our right to enforce that provision or any other provision in the future.

22. CHANGES TO THESE TERMS

We reserve the right to update or modify these Terms from time to time.

Changes become effective when posted on the Site unless a different effective date is stated.

Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms to the extent permitted by law.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund and Return Policy, Shipping Policy, and any other policies expressly incorporated into the Site, constitute the agreement governing your use of the Site and purchases made through it, except where additional written terms apply.

24. CONTACT

Questions concerning these Terms, products, orders, or legal notices should be directed to:

Crack Ass of Dawn Coffee
Email: crackassofdawncoffee@zohomail.com
Business Address: P.O. Box Randolph, NY 14772