Terms of Service

1. Acceptance of Terms

Welcome to Diesel Cold Brew Inc. By accessing or using our website at dieselcoldbrewinc.org and any related services, products, or applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not access or use our Services.

1.1 Binding Agreement

These Terms constitute a legally binding agreement between you and Diesel Cold Brew Inc ("Company," "we," "us," or "our") governing your access to and use of our Services. You represent and warrant that you have the legal capacity to enter into this agreement.

1.2 Right to Modify Terms

We reserve the right to modify, amend, or update these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on our website, unless otherwise specified. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

We encourage you to review these Terms periodically for any changes. The "Last Updated" date at the top of this page indicates when these Terms were last revised.

1.3 Additional Terms

Certain features or services may be subject to additional terms, conditions, or policies. In the event of a conflict between these Terms and any additional terms, the additional terms shall govern with respect to the specific feature or service.

2. Description of Service

Diesel Cold Brew Inc operates a website and provides services related to the sale, distribution, and promotion of cold brew coffee products and related merchandise. Our Services include, but are not limited to:

• Online sales of cold brew coffee products and related beverages
• Product information, descriptions, and educational content about cold brew coffee
• Order processing, shipping, and delivery services
• Customer support and account management
• Promotional offers, newsletters, and marketing communications
• Product reviews and user-generated content features

2.1 Product Availability

All product descriptions, pricing, and availability are subject to change without notice. We reserve the right to limit the quantity of items purchased per person, per order, or per household. Product images are for illustration purposes and may differ from actual products.

2.2 Pricing and Payment

Prices for our products are displayed on our website and are subject to change without notice. All payments are processed securely through our designated payment processors. By placing an order, you agree to pay all applicable charges, including taxes and shipping fees.

2.3 Shipping and Delivery

Shipping times and costs vary based on your location and selected shipping method. We are not responsible for delays caused by shipping carriers, customs processing, or other factors beyond our control.

3. Eligibility

To access and use our Services, you must meet the following eligibility requirements:

3.1 Age Requirements

You must be at least eighteen (18) years of age to use our Services. If you are under 18 years of age, you may only use our Services under the supervision and with the consent of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

3.2 Legal Capacity

By using our Services, you represent and warrant that:

• You have the legal capacity and authority to enter into a binding agreement with us
• You are not prohibited from using our Services under applicable law
• You will comply with all applicable laws and regulations in connection with your use of our Services
• You are not located in, or a resident of, any country or region subject to comprehensive U.S. sanctions

3.3 Account Registration

Certain features of our Services may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. We reserve the right to refuse registration, suspend accounts, or cancel accounts at our sole discretion.

4. User Responsibilities

As a user of our Services, you agree to fulfill the following responsibilities:

4.1 Provide Accurate Information

You agree to provide truthful, accurate, and complete information when:

• Creating an account or updating account information
• Placing orders for products
• Submitting reviews, comments, or other user-generated content
• Communicating with our customer service team
• Participating in promotions or surveys

4.2 Maintain Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to:

• Use a strong, unique password for your account
• Not share your password or account credentials with anyone
• Promptly notify us if you discover any unauthorized use of your account
• Log out of your account when using shared or public devices

You accept responsibility for all activities that occur under your account, whether authorized or unauthorized.

4.3 Lawful Use of Services

You agree to use our Services only for lawful purposes and in accordance with these Terms. You shall not use our Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To impersonate or attempt to impersonate the Company or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To introduce viruses, trojans, worms, or other malicious code into our systems

5. Prohibited Uses

You agree not to engage in any of the following prohibited activities:

5.1 Illegal Activities

Using our Services to engage in or promote any illegal activities, including but not limited to:

• Fraud, theft, or embezzlement
• Money laundering or terrorist financing
• Violation of export control laws
• Drug trafficking or other criminal enterprises
• Any violation of applicable laws or regulations

5.2 Infringement of Rights

Engaging in activities that infringe upon the rights of others, including:

• Violating intellectual property rights, including copyrights, trademarks, and trade secrets
• Infringing upon the privacy rights of other users or third parties
• Defaming, harassing, or threatening any person or entity
• Collecting personal information about other users without consent

5.3 Disruption of Services

Activities that may disrupt or harm our Services or infrastructure, including:

• Attempting to gain unauthorized access to our systems, servers, or data
• Interfering with or circumventing our security measures
• Overloading, flooding, or spamming our servers or networks
• Using automated scripts, bots, or scraping tools without authorization
• Interfering with other users' enjoyment of the Services

5.4 Misuse of Content

Unauthorized use or reproduction of content, including:

• Copying, reproducing, or distributing our content without permission
• Modifying, adapting, or creating derivative works based on our content
• Removing or altering any copyright, trademark, or proprietary notices
• Using our content for commercial purposes without authorization

6. Intellectual Property

6.1 Our Intellectual Property

All content, features, and functionality on our website, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of Diesel Cold Brew Inc or our content suppliers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

Our trademarks and trade dress may not be used without our prior written consent. The following are trademarks or registered trademarks of Diesel Cold Brew Inc:

• "Diesel Cold Brew" and related logos
• Other product names, slogans, and branding elements displayed on our website

6.2 Website Content Ownership

You acknowledge that all right, title, and interest in and to the Services, including all intellectual property rights, are and will remain with Diesel Cold Brew Inc or our licensors. Nothing in these Terms grants you any right, title, or interest in the Services or any content therein.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for personal, non-commercial purposes only.

6.3 User Content License

If you submit, post, or upload any content to our Services (including reviews, comments, suggestions, or other materials), you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in connection with our Services.

You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate the rights of any third party.

6.4 DMCA Compliance

If you believe that any content on our website infringes your copyright, please contact us with a detailed DMCA notice including:

• Your physical or electronic signature
• Identification of the copyrighted work claimed to have been infringed
• Identification of the infringing material and its location on our website
• Your contact information
• A statement of good faith belief
• A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner

7. Disclaimer of Warranties

7.1 As-Is Basis

OUR SERVICES, WEBSITE, AND ALL PRODUCTS AND CONTENT THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

7.2 No Implied Warranties

We do not warrant that:

• Our Services will be uninterrupted, secure, or error-free
• Any defects will be corrected
• Our website or servers are free of viruses or other harmful components
• The results of using our Services will meet your requirements or expectations
• Any information or content on our website is accurate, complete, or reliable

7.3 Product Quality Standards

We strive to provide high-quality cold brew coffee products. However, we make no warranties regarding:

• The specific taste, flavor profile, or characteristics of any product
• The suitability of any product for any particular purpose
• The shelf life or storage stability of perishable products
• Allergen information or dietary suitability (please verify independently if you have allergies)

Product descriptions, including nutritional information, are provided for informational purposes only and are subject to change. Please refer to product packaging for the most current information.

7.4 Third-Party Content

Our website may contain links to third-party websites or content. We do not endorse and are not responsible for the content, accuracy, or reliability of any third-party materials. Accessing third-party content is at your own risk.

8. Limitation of Liability

8.1 Maximum Liability Caps

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIESEL COLD BREW INC, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

8.2 Types of Damages Excluded

OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

8.3 Indemnification

You agree to defend, indemnify, and hold harmless Diesel Cold Brew Inc and our officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our Services
• Your violation of these Terms
• Your violation of any third-party right, including intellectual property rights
• Any claim that your user content caused damage to a third party
• Your violation of any applicable laws or regulations

8.4 Survival

The limitations and exclusions in this section shall apply regardless of the legal theory under which damages are sought, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive termination of these Terms.

9. Third-Party Services & Links

9.1 External Links Disclaimer

Our website may contain links to third-party websites, services, or resources that are not owned or controlled by Diesel Cold Brew Inc. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that we are not responsible or liable for:

• The content, accuracy, or reliability of any third-party website
• The products or services offered by third parties
• Any transactions you conduct with third parties
• Any damage or loss caused by third-party content or services

Use of any third-party website is at your own risk, and you should review the terms and privacy policy of any such website before using it.

9.2 Third-Party Services Used

We may use third-party services to facilitate our Services, including but not limited to:

• Payment processing services
• Shipping and logistics providers
• Analytics and website tracking services
• Email and communication services
• Customer support platforms

These third parties may collect and process personal data in accordance with their own privacy policies.

9.3 No Responsibility for Third Parties

We are not responsible for the actions, policies, or practices of any third party. Any dealings you have with third parties while using our Services, including payment for and delivery of goods or services, are solely between you and the third party.

10. Termination

10.1 Right to Terminate Accounts

We may terminate or suspend your account and access to our Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Suspected fraudulent or illegal activity
• Abusive or harmful behavior toward other users or our staff
• Extended periods of inactivity
• Any other conduct that we determine, in our sole discretion, to be inappropriate or harmful

10.2 Effect of Termination

Upon termination of your account:

• Your right to access and use our Services will immediately cease
• We may delete your account information and associated data
• Any pending orders may be cancelled
• Outstanding balances remain due and payable
• Provisions of these Terms that by their nature should survive termination shall remain in effect

10.3 Survival of Terms

The following sections shall survive any termination of these Terms or your account:

• Section 6 (Intellectual Property)
• Section 7 (Disclaimer of Warranties)
• Section 8 (Limitation of Liability)
• Section 9 (Third-Party Services & Links)
• Section 11 (Governing Law)
• Any other provisions that by their nature are intended to survive

10.4 User-Initiated Termination

You may terminate your account at any time by contacting us at contact@dieselcoldbrewinc.org. Termination of your account does not relieve you of any obligations incurred prior to termination.

11. Governing Law

11.1 Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Orange County, Florida, and you hereby consent to the personal jurisdiction of such courts.

11.2 Dispute Resolution

In the event of any dispute arising out of or relating to these Terms or our Services, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If negotiation fails, the parties may pursue mediation before initiating formal legal proceedings.

11.3 Arbitration Clause

At our option, any dispute arising out of or relating to these Terms or our Services may be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall take place in Orange County, Florida. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief in a court of competent jurisdiction for any alleged breach of intellectual property rights or confidentiality obligations.

11.4 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in class actions, class arbitrations, or representative actions.

11.5 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

12. Contact Information

If you have any questions, concerns, or feedback regarding these Terms of Service, please contact us using the information below:

We will make reasonable efforts to respond to your inquiries within five (5) business days. For legal notices or DMCA takedown requests, please include "Legal Notice" or "DMCA Request" in the subject line of your correspondence.

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND DIESEL COLD BREW INC REGARDING YOUR USE OF OUR SERVICES AND SUPERSEDE ANY PRIOR AGREEMENTS OR UNDERSTANDINGS.