Terms of Use

These Terms of Use (this “Agreement” or these “Terms”) govern your (“you” and “yours”, as applicable) access to and use of https://lightyearcoffee.com and any online and social media platform(s) connected therewith (the “Platform”), and any products or other services connected therewith that you may access and purchase (the “Product” or “Products”). 

The terms “Lightyear”, “we”, “us”, and “our”, as applicable, refer to Lightyear Coffee LLC, the owner and provider of the Platform and Products.

This Agreement incorporates by reference our Privacy Policy. By accessing and using the Platform, or by purchasing a Product, you agree to comply with this Agreement. You may not access or use the Platform or purchase a Product if you do not agree to this Agreement.

Definitions. “Submitted Content” as referenced herein includes without limitation reviews, comments, and blog posts submitted by you on the Platform.

“Our Content” as referenced herein includes without limitation text, images, visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of Submitted Content and other content), computer code, software, algorithms, copyrights, trademarks, service marks, trade names, trade secrets, rankings, proprietary research, analysis and all other elements and components associated with the Platform and Product excluding Submitted Content and content provided by or obtained from third-parties including, but not limited to, their own respective intellectual property.

Delivery and Access. Once payment is confirmed, any purchased Product will be available in the timeframe indicated on our website. In general,

1. A non-customized digital Product will be available for a single direct download immediately following payment and will remain available for 10 days from purchase. It is your responsibility to download and save the file while it is available to do so within this timeframe
2. A customized digital Product will be emailed by us to the email address you provided at checkout within 3-5 business days following a payment transaction. We reserve the right in our sole discretion to refuse access, cancel the download, or cancel your order if you violate these Terms. For a Product that includes a consultation with us, we will coordinate with you via email about a mutually agreeable day, time, and format (i.e. in-person, phone, video) for the consultation. Subject to our availability, we typically will arrange this within 10 business days following your purchase.  If you need to reschedule a consultation, you must notify us at least 24 hours in advance. No-shows or late cancellations may forfeit the consultation without a refund.     

A digital Product will be downloaded or delivered via email as a PDF (Portable Document Format). You must have Adobe Acrobat Reader or another PDF-compatible software to access the Product. It is your responsibility to ensure that you have the necessary hardware and software to access and use the Product before purchasing. If you experience technical issues accessing the Product, we will make reasonable efforts to assist but are not responsible for your inability to access it due to incompatible devices, outdated software, or other technical limitations on your end. 

Payment & Refund Policy.  Due to the nature of digital products, all sales are final, and refunds, exchanges, or cancellations will not be processed through WooCommerce or any other method after an order has been placed. However, if you do not receive a customized Product within the expected 3-5 business day timeframe, please check your spam folder and then contact us at julian@lightyearcoffee.com. We will re-send the Product if necessary.

Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue a Product (or any part thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Product.

Limitations on Use of the Platform and Product.  Unless expressly approved by us, the Platform is for personal, non-commercial use unless you enter into a separate agreement with us for commercial use. Purchasing a Product does not guarantee ongoing access or future updates. You may not use the Platform if your access has been terminated or banned.

When using the Platform, you may not:

1. Engage in fraud or misrepresentation, including impersonating another person, creating multiple accounts under false pretenses, posting content without legal authority, submitting content in exchange for compensation, or coercing others to submit content,
2. Violate applicable laws or third-party rights, including privacy, intellectual property, or contractual obligations, or post false, misleading, defamatory, or fraudulent content,
3. Engage in harmful or abusive behavior, including harassment, threats, discrimination, or posting sexually explicit, exploitative, or otherwise objectionable content. You may not introduce malware or other harmful code,
4. Use the Platform for unauthorized commercial purposes, including unauthorized promotions, affiliate marketing, or implying an endorsement or partnership with Lightyear without our written permission. You may not resell, license, or monetize access to the Platform or its content; or
5. Interfere with or manipulate the Platform, including deploying bots, scraping data, reverse engineering, circumventing security measures, or otherwise disrupting the Platform’s functionality or networks.

Our Opinions. From time-to-time and in various parts of the Platform or Product we may offer our opinion on various products, industry practices and participants, as well as our analysis of various data and metrics related to the coffee industry.  All such opinion and analysis is our own and does not warrant or represent any particular conclusion, endorsement, or statement of fact whatsoever.  Any sponsored opinion will be noted as such.  Any action taken by you in whole or in part due to any such opinion or analysis is solely at your own risk.  Your decisions as they relate in any way to our Platform or Products are your own responsibility, and we disclaim any responsibility or liability with respect to any adverse consequences you, or anyone with whom you may share your coffee or related information on our Platform or Product, experiences.

Descriptions of Third-Parties. All information on this site pertaining to third-parties was collected from and limited to public sources on a specific date and is subject to change at any time. Despite our efforts to provide useful and the most accurate information, errors in data collection may occur from time to time.  These errors could be omissions of information, or inaccuracies due to the gap between when we collected the data and when you accessed our Platform or Product.  We update such information regarding third-parties periodically.

We do not represent that such descriptions represent the totality of any third-party’s platform and their business practices, reputation, legal standing, or any other aspect that you may find important in deciding whom to patronize for your coffee purchases. 

Though we do our best to identify errors or omissions and correct them to the extent we can as soon as possible, we are not responsible for such errors or omissions and any actions taken by you in whole or in part due to such third-party information is solely at your own risk. 

If you are or represent one of the third-parties about whom we collected and displayed on our Platform publicly available information, and you believe such information is inaccurate in whole or in part, please contact us at julian@lightyearcoffee.com so we can validate the corrections and post updated information on the Platform or Product. Any requests to remove such information entirely from our Platform or Product will be evaluated by us on a case-by-case basis; however, any decision to do so will be at our sole discretion.

As a convenience we may include links to allow you to connect directly with the websites of these third-parties. Such third-party websites are not under our control and such links should not be interpreted as an express or implied endorsement of such third-party websites or any products or services that may be offered thereon. You acknowledge that we have no liability or responsibility for the content or availability of such websites, the products or services available thereon or otherwise in connection with such third-party websites. Please review the terms and conditions that may be imposed by such websites, as they may be different from this Agreement.  Furthermore, we make no guarantees or warranties regarding the availability of any product listed or described on our Platform or Product.  All descriptions and links regarding third-parties and/or their products on our Platform or Product are derived from third-party information that may or may not be accurate.

Intellectual Property. By submitting content on the Platform, you grant Lightyear a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to:

1. Use, copy, distribute, publicly display, modify, create derivative works, and sublicense your content,
2. Reproduce, publish, transmit, distribute, publicly perform, sell, or adapt your content,
3. Review, modify, or reject such Submitted Content before publicly posting on the Platform; and
4. Share your content with third-parties for syndication, broadcast, distribution, promotion, publication, or general marketing use, in accordance with our Privacy Policy and applicable law

You further acknowledge and agree that:

1. No compensation will be provided for your Submitted Content unless otherwise provided for in a separate agreement with Lightyear,
2. Your Submitted Content must not contain libelous, unlawful, abusive, or obscene material; and
3. Lightyear may use your Submitted Content without obligations of confidentiality, attribution, or compensation

We own Our Content, which is protected by intellectual property laws, including copyright, trademark, patent, trade dress, and trade secret laws. You may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or exploit Our Content without express written permission by us. Except as explicitly stated, no rights or licenses to Our Content are granted to you.

Certain material on the Platform or Product is protected as copyrights, trademarks and other intellectual properties owned by third-party entities featured, identified, and licensed, as applicable, as such by Lightyear. All rights not expressly granted are reserved by each and all parties respectively. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Platform or Product are the property of their respective owners. Reference to such properties on the Platform or Product does not constitute or imply endorsement or recommendation by, or relationship to, Lightyear.

Communication.  You may opt-in to receiving various communications from us, including a periodic newsletter or other content and communications that promote the Platform and Products, our partners, featured roasters, and affiliated businesses. You may opt-out of receiving such communications at any time.

Privacy. For an explanation of Lightyear’s practices and policies related to use of the Platform and Product, please read our Privacy Policy at https://lightyearcoffee.com/privacy-policy/.

Representations & Warranties. By using the Platform or Product, you represent and warrant that:

1. You will use the Platform or Product solely for lawful purposes, in compliance with these Terms and all applicable laws, regulations, and contractual obligations,
2. You will not violate any third-party rights while using the Platform or Product,
3. You are solely responsible for your Submitted Content,
4. You have all necessary rights (including intellectual property rights) to use and license any content you submit,
5. You understand that you may be liable if your Submitted Content violates any laws or third-party rights,
6. You will not submit content that is defamatory, fraudulent, or misleading; and
7. You will rely solely on your own judgment and research when making any financial decisions, including whether to purchase coffee, and will not rely on content posted on the Platform or Product

Disclaimers. We do not control or endorse any Submitted Content on the Platform. Submitted Content is posted by users and may be inaccurate, misleading, or unlawful.  We assume no responsibility for objectionable, inaccurate, or misleading content. The Platform and Products are provided “as-is” and “as available” and we expressly disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We do not guarantee that:

1. The Platform or Products will meet your expectations or requirements,
2. The Platform or Products will be uninterrupted, timely, secure, or error-free; or
3. Any results from using the Platform or Products will be accurate, current, or reliable. The Platform may include affiliate links, and we may earn a commission from purchases made through those links at no cost to you. Any testimonials featured on the Platform or Products reflect individual user experiences and do not guarantee similar results for all users. Testimonials may be edited for clarity, but they are not compensated or influenced by us.

Indemnification. You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents, successors and assigns harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or otherwise arising from your Submitted Content and/or your use of the Platform or Product, including due to or arising from your breach of any provision of these Terms.

Governing Law & Dispute Resolution. Any disputes arising under these Terms shall first be resolved through binding arbitration in Delaware, unless otherwise required by law. If arbitration is not permitted, disputes shall be resolved exclusively in the courts of Delaware.

Severability. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, IN ACCORDANCE WITH SECTION 230 OF THE U.S. COMMUNICATIONS DECENCY ACT, AND ANY EQUIVALENT OR SIMILAR LAWS IN OTHER JURISDICTIONS WHICH ARE INTENDED TO EXCLUDE OR LIMIT THE LIABILITY OF ONLINE SERVICE PROVIDERS WHO PROVIDE ACCESS TO USER-GENERATED CONTENT, WE GENERALLY CANNOT BE HELD LIABLE FOR CLAIMS ARISING FROM THE CONTENT PROVIDED BY THIRD-PARTIES ON THE PLATFORM OR PRODUCT. THEREFORE, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR PRODUCT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE ZERO. IN THE EVENT THAT APPLICABLE LAW DOES NOT PERMIT SUCH DAMAGES TO BE LIMITED TO ZERO, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM OR PRODUCT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS ($100).

You acknowledge that you are familiar with the provisions of Section 1542 of the California Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby expressly waive and relinquish all rights and benefits under Section 1542 of the California Civil Code and any law or legal principle of similar effect in any jurisdiction with respect to the releases and/or discharges granted herein, including but not limited to the releases and/or discharges of unknown claims.

Changes to these Terms. We reserve the right to modify these Terms at any time. The version in effect at the time of your access and use of the Platform or purchase of the Product will apply accordingly. Any changes to these Terms will be reviewable on this page. Your continued access and use of the Platform or continued purchases of the Product following the posting of any changes to these Terms constitutes acceptance of those changes.

If you have any questions on these Terms, please contact us at julian@lightyearcoffee.com.