Terms of service
OVERVIEW
Welcome to Crack Ass of Dawn Coffee! The terms "we", "us" and "our" refer to Crack Ass of Dawn Coffee. Crack Ass of Dawn Coffee operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Crack Ass of Dawn Coffee is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
TERMS OF SERVICE
Effective Date: October 1, 2026
Welcome to Crack Ass of Dawn Coffee (“Crack Ass of Dawn,” “Company,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) govern your access to and use of our website, online store, products, content, services, and related features (collectively, the “Site”).
By accessing the Site, creating an account, placing an order, or purchasing a product from us, you acknowledge that you have read, understood, and agree to these Terms.
If you do not agree to these Terms, please do not use the Site or purchase our products.
1. ELIGIBILITY
You must be legally capable of entering into a binding agreement to use this Site or place an order.
If you are purchasing products on behalf of another person or business, you represent that you have authority to do so.
2. OUR PRODUCTS
Crack Ass of Dawn Coffee may sell coffee, tea, merchandise, accessories, promotional products, and other goods through the Site.
We make reasonable efforts to provide accurate descriptions, photographs, prices, availability, ingredients, and other product information.
However, we do not guarantee that:
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Product descriptions will always be completely error-free;
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Photographs will exactly represent the physical product;
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Colors will appear identical on every device;
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Products will always be available;
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Product information will never change; or
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The Site will always be free of errors.
We reserve the right to correct errors, change product information, discontinue products, or modify prices at any time.
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
3. COFFEE, TEA & FOOD PRODUCTS
Coffee, tea, and other consumable products are food products.
Customers are responsible for reviewing applicable product labels, ingredients, allergen information, preparation instructions, caffeine information, and other product information before consuming a product.
If you have an allergy, sensitivity, dietary restriction, medical condition, or other concern relating to a product, you should consult an appropriate healthcare professional before consuming it.
If you believe a product is damaged, contaminated, defective, or unsafe, do not consume it. Contact us immediately.
4. CAFFEINE DISCLAIMER
Some of our products may contain caffeine.
Caffeine affects individuals differently.
Customers are responsible for determining whether consuming caffeine is appropriate for them.
Individuals who are sensitive to caffeine or who have questions about caffeine consumption should consult a qualified healthcare professional.
Crack Ass of Dawn Coffee does not provide medical advice.
5. NO MEDICAL CLAIMS
Our products and website content are not intended to diagnose, treat, cure, or prevent any disease or medical condition.
Any statements concerning energy, alertness, focus, productivity, mood, or other potential effects of coffee or tea are provided for general informational and marketing purposes only.
Individual experiences may vary.
6. ORDERS
When you place an order, you are making an offer to purchase the products selected at the applicable price.
We reserve the right to accept, reject, cancel, or limit any order for a lawful reason.
An order confirmation does not necessarily mean that an order has been fully accepted if there is a subsequent issue involving inventory, pricing, payment, fraud, fulfillment, or another legitimate concern.
When you place an order, you are making an offer to purchase. Crack Ass of Dawn Coffee reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Crack Ass of Dawn Coffee confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Crack Ass of Dawn Coffee may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
7. ORDER CANCELLATIONS
Cancellation requests should be submitted as soon as possible.
Our Order Cancellation Policy governs cancellation requests.
Because orders may enter fulfillment quickly, we cannot guarantee that a cancellation request can be honored after processing has begun.
8. PRICES & PAYMENT
All prices are subject to change without notice.
Applicable taxes, shipping charges, and other fees will be displayed at checkout when applicable.
You agree to provide accurate billing and payment information.
You represent that you are authorized to use the payment method submitted with your order.
We may cancel an order if payment cannot be successfully processed.
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
9. PRICING ERRORS
Despite our reasonable efforts, an occasional pricing or product-listing error may occur.
If an obvious pricing error affects an order, we reserve the right to cancel the affected order and issue a refund of amounts actually charged.
We are not obligated to sell a product at an obviously erroneous price where applicable law permits correction of the error.
10. SHIPPING
Shipping is governed by our Shipping Policy, which is incorporated into these Terms.
Delivery dates are estimates unless expressly stated otherwise.
Once an order is transferred to a shipping carrier, delivery timing may be outside our control.
We are not responsible for delays caused by carriers, weather, natural disasters, incorrect addresses, customs, transportation disruptions, or other circumstances beyond our reasonable control.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
11. RETURNS & REFUNDS
Returns, refunds, exchanges, damaged products, incorrect orders, and other post-purchase issues are governed by our Refund & Return Policy, which is incorporated into these Terms.
Because coffee, tea, and other consumable products are food products, opened or used consumable products generally cannot be returned.
Nothing in our policies eliminates consumer rights that cannot legally be waived.
12. THIRD-PARTY FULFILLMENT
Some Crack Ass of Dawn Coffee products may be roasted, manufactured, packaged, stored, processed, or shipped by independent third-party suppliers or fulfillment partners.
These partners may have their own operational procedures and requirements.
Although we carefully select business partners, we do not control every action of independent third parties.
We will make reasonable efforts to assist customers with legitimate issues involving third-party fulfillment.
13. INTELLECTUAL PROPERTY
The Crack Ass of Dawn Coffee name, logos, trademarks, service marks, product names, character designs, artwork, graphics, photographs, videos, slogans, written content, packaging designs, and other original materials appearing on the Site are owned by or licensed to Crack Ass of Dawn Coffee to the extent protected by applicable law.
You may not, without prior written permission:
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Copy our artwork;
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Reproduce our character designs;
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Use our logos commercially;
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Manufacture or sell merchandise using our intellectual property;
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Modify our artwork to create derivative commercial products;
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Claim our content as your own;
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Use our branding in a manner likely to cause confusion; or
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Use our intellectual property for commercial purposes.
Nothing in these Terms grants you ownership of our intellectual property.
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Crack Ass of Dawn Coffee, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Crack Ass of Dawn Coffee, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Crack Ass of Dawn Coffee.
Crack Ass of Dawn Coffee's names, logos, product and service names, designs, and slogans are trademarks of Crack Ass of Dawn Coffee or its affiliates or licensors. You must not use such trademarks without the prior written permission of Crack Ass of Dawn Coffee. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
14. CRACK ASS OF DAWN CHARACTER
“Crack,” the Crack Ass of Dawn rooster character, associated artwork, personality, visual appearance, sayings, branding, and related creative elements are proprietary assets of the Company to the extent protected by applicable intellectual-property law.
Unauthorized commercial reproduction, copying, modification, distribution, or exploitation is prohibited.
15. USER REVIEWS & SUBMISSIONS
If you submit a review, photograph, comment, testimonial, suggestion, or other content to us, you represent that:
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You have the right to submit it;
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It does not violate another person's rights;
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It is not fraudulent or misleading; and
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It does not violate applicable law.
By submitting content, you grant Crack Ass of Dawn Coffee a non-exclusive, worldwide, royalty-free license to use, reproduce, display, publish, modify, distribute, and promote that content for legitimate business, advertising, marketing, and promotional purposes, subject to applicable law.
We reserve the right to remove content that is unlawful, abusive, misleading, defamatory, infringing, or otherwise inappropriate.
16. PROHIBITED ACTIVITIES
You agree not to use the Site to:
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Violate any law;
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Commit fraud;
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Engage in unauthorized payment activity;
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Attempt to gain unauthorized access to our systems;
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Interfere with the operation or security of the Site;
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Upload malicious software;
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Scrape or systematically copy Site content without authorization;
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Infringe intellectual-property rights;
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Impersonate another individual or business;
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Abuse promotions, discounts, refunds, or other offers;
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Submit false information; or
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Engage in activity intended to harm the Company, customers, suppliers, or Site.
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Crack Ass of Dawn Coffee, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
17. PROMOTIONS & DISCOUNTS
Promotional codes, discounts, giveaways, sales, and other offers may have additional terms.
Unless expressly stated otherwise:
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Promotions cannot be combined;
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Promotions have no cash value;
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Promotions may have expiration dates;
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Promotional offers may be limited to one use per customer; and
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We reserve the right to modify or terminate a promotion where permitted by law.
Any promotion will be subject to the terms communicated at the time of the offer.
18. THIRD-PARTY SERVICES & LINKS
The Site may use or link to third-party services, including payment processors, shipping carriers, fulfillment companies, social-media platforms, analytics providers, advertising platforms, and other services.
Third-party services may have separate terms and privacy policies.
We are not responsible for the content, availability, security, or practices of third-party services that we do not control.
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
19. WEBSITE AVAILABILITY
We do not guarantee that the Site will always be available, uninterrupted, secure, or error-free.
We may temporarily suspend or modify the Site for maintenance, updates, security reasons, technical problems, or other legitimate business purposes.
20. 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 DISCLAIM WARRANTIES NOT EXPRESSLY PROVIDED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW.
NOTHING IN THESE TERMS EXCLUDES A WARRANTY OR RIGHT THAT CANNOT LEGALLY BE EXCLUDED.
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Crack Ass of Dawn Coffee, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
21. 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 YOU ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
NOTHING IN THIS SECTION LIMITS LIABILITY THAT CANNOT LEGALLY BE LIMITED OR EXCLUDED.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Crack Ass of Dawn Coffee, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
22. 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, losses, liabilities, damages, costs, and reasonable expenses arising from:
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Your violation of these Terms;
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Your misuse of the Site;
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Your violation of another person's rights;
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Your unlawful conduct; or
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Your breach of representations made by you.
You agree to indemnify, defend and hold harmless Crack Ass of Dawn Coffee, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
23. FORCE MAJEURE
We are not responsible for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, severe weather, fire, governmental actions, war, terrorism, labor disruptions, transportation failures, supply shortages, internet or technology failures, or other extraordinary events.
24. PRIVACY
Your use of the Site is also subject to our Privacy Policy.
Our Privacy Policy explains how we collect, use, disclose, and protect information obtained through the Site.
25. GOVERNING LAW
These Terms shall be governed by applicable law in the jurisdiction in which Crack Ass of Dawn Coffee is legally organized and operates, without regard to conflict-of-law principles, except where mandatory consumer-protection laws provide otherwise.
Any dispute shall be brought in a court or other legally authorized forum having appropriate jurisdiction, subject to applicable law.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Crack Ass of Dawn Coffee is headquartered. You and Crack Ass of Dawn Coffee consent to venue and personal jurisdiction in such courts.
26. 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 effect.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
27. NO WAIVER
Our failure to enforce any provision of these Terms does not constitute a waiver of our right to enforce that provision or any other provision in the future.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
28. ENTIRE AGREEMENT
These Terms, together with our Privacy Policy, Shipping Policy, Refund & Return Policy, Order Cancellation Policy, and 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.
29. CHANGES TO THESE TERMS
We reserve the right to modify these Terms from time to time.
Updated Terms 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 updated Terms to the extent permitted by law.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
30. ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
31. OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
32. RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Crack Ass of Dawn Coffee is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Crack Ass of Dawn Coffee. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Crack Ass of Dawn Coffee, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Crack Ass of Dawn Coffee.
33. FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
34. SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
35. AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
36. TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
37. ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
38. HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
CONTACT US
Crack Ass of Dawn Coffee
Email: crackassofdawncoffee@zohomail.com
Business Address: P.O. Box 94 Randolph, NY 14772
Business Registration Number:
VAT: 42-4953199
For questions regarding these Terms, orders, products, refunds, shipping, or other concerns, please contact us using the information above.
ONE FINAL WORD FROM CRACK
You came for coffee.
You stayed because apparently you enjoy legally binding documents.
Fair enough.
Drink responsibly. Laugh irresponsibly.
Crack Ass of Dawn Coffee™
Good coffee. Bad attitude. Early mornings.
LEGAL NOTICE: This document is a general business template and is not legal advice or a substitute for review by a licensed attorney. Applicable federal, state, local, and international laws may provide rights or impose obligations that cannot be waived by website terms.