ABOUT TIME COFFEE

IMPORTANT: PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE. THEY CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON ABOUT TIME COFFEE’S LIABILITY AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS OF USE, AS DETAILED BELOW, YOU AGREE TO RESOLVE ANY DISPUTE WITH US ARISING OUT OF OR RELATED TO THESE TERMS OF USE THROUGH BINDING INDIVIDUAL ARBITRATION AND YOU AGREE TO WAIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION SUIT.

These terms of use are entered into by and between you and About Time Coffee doing business as About Time, its affiliates, subsidiaries and related entities (collectively, "About Time Coffee," "About Time," "Company," "we," "us," or "our"). We provide website features and other products and services to you when you visit https://www.abouttime.coffee/ or use About Time mobile applications (collectively, the "Services").

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of the Services.

Please read the Terms of Use carefully before you start to use the Services. By using the Services or by clicking “agree to the Terms of Use” when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://www.abouttime.coffee/policy.html, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. The Services are offered and available to users who are 13 years of age or older and reside in the United States. By using the Services, you represent and warrant that you are of legal age to form a binding contract with About Time and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when the revised Terms of Use is available and apply to all access to and use of the Services thereafter.

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You should consult the Terms of Use whenever you access the Services or otherwise interact with us to stay informed about any changes, as they are binding on you.

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.

You are responsible for both:

Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services are correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy, found at https://www.abouttime.coffee/policy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by About Time, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use 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 our Services, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

For our mobile application, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our Terms of Use and Privacy Policy.

On our social media features with certain content, you may take such actions as are enabled by such features.

Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services are transferred to you, and all rights not expressly granted are reserved by the About Time. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

The Company name, Company trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of About Time. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards described (below) in these Terms of Use.

To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

To impersonate or attempt to impersonate About Time, an About Time employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).

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 About Time or users of the Services, or expose them to liability.

Additionally, you agree not to:

Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.

Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.

Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Use any device, software, or routine that interferes with the proper working of the Services.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.

Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services.

All User Contributions must comply with the Content Standards described (below) in these Terms of Use.

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not About Time, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.

About Time may provide you the ability to order online from participating About Time locations and through the About Time mobile application. You may need to enable location services, register an account, or register a payment method on your device in order for online ordering Services to function properly. Online ordering Services may not be available for all About Time locations, and not all About Time locations make all menu items available through the online ordering Services. Images of menu items on the on Services may not be identical to what is available or that you may receive from an About Time location.

You are responsible for payment of your order by means of a payment option made available through the online ordering Services at the time of ordering. Before you submit an order, you must provide a valid form of accepted payment to use with your order. About Time will charge, and you authorize About Time to charge, the payment method you specify at the time of your order. We may use third party providers and third party services to process payments.

The About Time location identified when you place your order is responsible for preparing and fulfilling your order and for any questions or other communications regarding your order.

You understand that: (i) the prices for menu items displayed through the Services may differ from the prices offered or published for the same menu items at a physical About Time location, (ii) the prices for menu items may differ depending on the About Time location, and (iii) About Time reserves the right to change the prices displayed through the Services and applicable fees or surcharges at any time. Prices for menu items do not include applicable taxes, and fees, separately stated delivery and service fees, or other related surcharges.

ONCE YOUR ORDER IS CONFIRMED, IT CANNOT BE CANCELED AND YOU WILL BE RESPONSIBLE FOR PAYMENT OF THE TOTAL AMOUNT OF YOUR ORDER. Except as required by law, charges paid for completed orders are final and non-refundable. About Time will not provide credits for an unsatisfactory product. If the products are unsatisfactory, please contact the location where you purchased the product to request a replacement item of equal or lesser value.

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.

Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.

Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS ABOUT TIME AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy https://www.abouttime.coffee/policy.html.

Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

If you believe that any User Contributions violate your copyright, please do the following:

Copyright infringement is the unauthorized use of a creative work that is protected under copyright law. Examples of works protected under copyright law include photographs, videos, artwork and music. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), notifications of claimed copyright infringement should be made to support@abouttime-coffee.com. Under the DMCA, users who make misrepresentations concerning copyright infringement may be liable for damages (including costs and attorneys' fees) incurred by the alleged infringer or by About Time, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

It is our policy to terminate the user accounts of repeat infringers.

The information presented on or through the Services are 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.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on the Services are subject to our Privacy Policy https://www.abouttime.coffee/policy.html. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

We are incorporated in the State of Delaware in the United States. We provide the Services for use only in states where physical stores are located and by persons located in the United States (“Serviced Locations”). We make no claims that the Services or any of its content is accessible or appropriate outside of the Serviced Locations. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ABOUT TIME NOR ANY PERSON ASSOCIATED WITH ABOUT TIME MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ABOUT TIME NOR ANYONE ASSOCIATED WITH ABOUT TIME REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, ABOUT TIME HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ABOUT TIME, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless About Time, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Please read this section carefully. It affects your rights, including your right to file a lawsuit in court.

Most issues can be resolved by contacting About Time customer service at [https://www.abouttime.coffee], by calling [+1 9195717781] or by emailing support@abouttime-coffee.com. However there may be times when customer service can’t resolve your issue. This section explains how you and About Time agree to resolve those disputes, claims, or controversies (each a “Dispute”) including (where applicable) by binding, individual arbitration.

Arbitration is an alternative dispute-resolution procedure that allows us to resolve issues without going to court. Instead of a judge or jury, any Dispute between you and About Time is submitted to a neutral arbitrator for resolution. Arbitration is more efficient for both you and About Time. The arbitration agreement is reciprocally binding on all parties, such that both you and About Time are required to arbitrate claims against one another.

If customer service is unable to resolve your issue, prior to starting arbitration, you and About Time agree to attempt to resolve the Dispute informally. You and About Time agree to make a good-faith effort to negotiate any Dispute for no less than 60 days before commencement of any arbitration proceedings. Those informal negotiations will start on the day you or About Time receive a written Notice of a Dispute in accordance with these Terms of Use.

You will send your Notice of Dispute to About Time Coffee, Legal Department, ATTN: NOTICE OF DISPUTE, 135 Madison Avenue, Floor 5, New York, NY 10016. Include your name, any relevant account name you use, address, how to contact you, what the problem is, and what you want About Time to do. If About Time has a Dispute with you, About Time will send our Notice of Dispute to your registered email address and any billing address you have provided us.

THE ARBITRATION PROCEEDINGS IN THIS SECTION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY.

You and About Time agree that Disputes will be settled by binding individual arbitration conducted by the American Arbitration Association (“AAA”) subject to its Consumer Arbitration Rules in effect at the time the arbitration is commenced (the “AAA Rules”), except to the extent any of those rules conflict with our agreement in these Terms of Use, in which case these Terms of Use will govern. The AAA Rules are available at www.adr.org/Rules.

You and About Time agree to a dispute-resolution process where we submit any Dispute to a neutral arbitrator that makes the final decision and resolves the Dispute. AAA uses experienced professionals to arbitrate Disputes, which helps you and About Time resolve any Disputes fairly. The arbitrator may award the same remedies to you individually as a court could, but only to the extent required to satisfy your individual claim.

The arbitrator’s decision is final, except for a limited review by courts under the United States Federal Arbitration Act, and can be enforced like any other court order or judgment.

You and About Time agree to submit all Disputes (except those specifically exempted below) between you and About Time to binding, individual arbitration.

You and About Time agree to arbitrate all Disputes regardless of whether the Dispute is based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory.

The Informal Resolution and Binding Individual Arbitration sections do not apply to (1) pursuit of enforcement actions through a government agency, if the law allows; (2) an action to compel or uphold any prior arbitration decision; (3) About Time’s right to seek injunctive relief against you in a court of law to preserve the status quo while an arbitration proceeds; (4) claims of intellectual-property infringement, and (5) the enforceability of the Class Action Waiver clause below.

You and About Time agree that whether a Dispute is subject to arbitration under these Terms of Use will be determined by the arbitrator rather than a court.

To start an arbitration, review the AAA Rules and follow the instructions for initiating an arbitration on the AAA website. The party starting an arbitration must send AAA a letter requesting arbitration and describing your claim (“Demand for Arbitration”), pay a filing fee, and mail a copy of the letter to About Time Coffee. You will send a copy of the Demand for Arbitration to About Time Coffee, Legal Department, ATTN: ARBITRATION OF DISPUTE, 135 Madison Avenue, Floor 5, New York, NY 10016. About Time will send any Demand for Arbitration that we start to your registered email address and any billing address you have provided us.

The arbitration will be conducted by a single AAA arbitrator selected with experience in resolving commercial-contract disputes. You and About Time both agree that the arbitration will be conducted in the English language and that the arbitrator will be bound by these Terms of Use.

The arbitrator will resolve the Dispute. Unless you and About Time agree otherwise, any decision or award will include a written statement stating the decision of each claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

The arbitrator may only award legal or equitable remedies that are requested by you or About Time to satisfy one of our individual claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator may not award relief against About Time respecting any person other than you.

Any decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial acceptance of any award and an order of enforcement.

If the claims asserted in any Demand for Arbitration could have been brought in small claims court, then either you or About Time may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing.

If you start the arbitration, you must pay the AAA filing fee required for consumer arbitrations.

In some situations, About Time will help with your fees to get us to a resolution quickly and fairly:

In the event that the administrative fees, arbitrator fees, and filing fees associated with the arbitration exceed $100.00 United States Dollar (“USD”), About Time agrees to pay any such administrative, arbitrator, and filing fees exceeding $100 on your behalf, subject to ultimate allocation by the arbitrator.

If you demonstrate that arbitration costs will be prohibitive compared to litigation costs, About Time will pay as much of your AAA costs as the arbitrator finds is necessary to prevent arbitration from being cost-prohibitive (as compared to the cost of litigation).

The fee assistance offered above is contingent upon you bringing the arbitration claim in “good faith.” If the arbitrator finds you brought an arbitration claim against About Time for an improper purpose, frivolously, or without a sufficient pre-claim investigation into the facts or applicable law, then the payment of all fees will be governed by the AAA rules.

Attorneys’ fees and costs and AAA costs are not counted when determining how much a Dispute involves.

About Time won’t seek our attorneys’ fees or expenses from you in any arbitration, even if the law or the AAA rules entitle us to do so. If you choose to be represented by an attorney, you will pay your own attorneys’ fees and costs unless the applicable law provides otherwise.

If an in-person hearing is required, any arbitration will be held in a reasonably convenient location in the United States state in which you reside, New York County, New York, United States of America, or at another mutually agreed location.

During any arbitration, the amount of any settlement offer made by About Time or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or About Time is entitled.

This Binding Individual Arbitration section survives any termination of these Terms of Use or About Time’s provision of services to you.

Although About Time may revise these Terms of Use in its discretion, About Time does not have the right to alter these Terms of Use to arbitrate or the rules specified herein with respect to any Dispute once that Dispute arises.

To the maximum extent permitted by applicable law, you and About Time hereby waive the right to assert claims in any class or representative action and you and About Time agree to only bring Disputes in an individual capacity and shall not (1) seek to bring, join, or participate in any class or representative action, collective or class-wide arbitration, or any other action where another individual or entity acts in a representative capacity (e.g., private attorney general actions); or (2) consolidate or combine individual proceedings or permit an arbitrator to do so without the express consent of all parties to these Terms of Use and all other actions or arbitrations.

Arbitration will therefore only decide the individual claims of you and About Time; it is agreed that the arbitrator may not consolidate or join the claims of any other person or party to an arbitration between you and About Time under this agreement.

With the exception of this Class Action Waiver subpart, if any part of the arbitration agreement is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules and procedures, then the balance of this arbitration agreement shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

However, if this Class Action Waiver subpart is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration agreement shall be null and void, and neither you nor About Time shall be entitled to arbitrate the Dispute. In such event, you agree to bring any and all claims arising out of or related to these Terms of Use or use or attempted use of the Services in accordance with the Governing Law and Jurisdiction section below.

If a dispute proceeds in court rather than through arbitration, you and About Time each waive any right to a jury trial.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT, THEN YOU MUST NOTIFY ABOUT TIME IN WRITING WITHIN 60 DAYS AFTER REGISTERING AN ACCOUNT WITH ABOUT TIME OR AFTER YOUR FIRST USE OF THE SERVICES, WHICHEVER OCCURS FIRST. Your written notification must include your (1) name, (2) postal address, (3) the date you began using the Services, and (4) a clear statement that you wish to opt out of the Arbitration Agreement. You must mail the notification to About Time at About Time Coffee, Legal Department, ATTN: ARBITRATION OPT-OUT, 135 Madison Avenue, Floor 5, New York, NY 10016. Any opt-out postmarked more than 60 days after your first use of the services will not be valid. Please retain a copy of the opt-out notice for your records. If you wish to exercise your right to opt-out of the arbitration agreement, a copy of the opt-out notice must accompany any notice of Dispute. Exercising this opt-out right will not affect your ability to use the Services.

Any Dispute by you arising out of or related to these Terms of Use or use or attempted use of the Services shall be governed by New York law, without regard to New York’s conflict of laws rules. For any Disputes deemed not subject to binding individual arbitration, as provided herein, or if the Class Action Waiver subpart of the arbitration agreement is ever deemed invalid, unenforceable, or illegal, you and About Time irrevocably consent to submit to the exclusive jurisdiction of the federal and state courts in New York County, New York, United States of America. You and About Time agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to these Terms of Use. This paragraph will be interpreted as broadly as applicable law permits.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and About Time regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

About Time Coffee is located at:

All notices of copyright infringement claims should be sent to the copyright agent designated as described in “Copyright Infringement” of these Terms of Use.

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@abouttime-coffee.com.