These Terms of Use (this “Agreement” or these “Terms”) are effective immediately for any person (“you”, “your” or “yours”, as applicable) visiting www.lightyearcoffee.com, or otherwise accessing or using the Lightyear Coffee LLC services and online and social media platform(s) (collectively, the “Services” or “Platform”) connected therewith.
This Agreement governs your access to and use of the Services and incorporates by reference our Privacy Policy. By accessing and using the Services, you agree to comply with this Agreement. You may not use the Services if you do not agree to this Agreement.
The terms “Lightyear”, “we”, “us” and “our”, as applicable, refer to Lightyear Coffee LLC, the owner and provider of the Services.
Copyright and Trademark. Unless otherwise noted, all materials on this site are protected as the copyrights, trademarks and other intellectual properties owned by Lightyear or other separate entities featured, identified, and licensed, as applicable, as such by Lightyear. All rights not expressly granted are reserved by each and all parties respectively.
Limitations on Use of the Services. Except as set forth herein, or as otherwise approved by us, the Services are for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. You may not use the Services if we have terminated your access or banned you. In accessing or using the Services, you may not: impersonate another person; create multiple user accounts; create or use an account for anyone other than yourself or an organization you actually represent; create user accounts under false or fraudulent pretenses; create multiple active user accounts to post multiple reviews for the same property; post content that you do not own or have the right to post; paying for or coercing someone to submit content to the Services or submitting content to the Services in exchange for payment or other benefit; violate any applicable law (including the USA CAN-SPAM Act or any other applicable anti-spam law), rule or regulation, or any rights of someone else (including privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights); promote, endorse or further illegal activities; post content that is defamatory, slanderous, libelous, fraudulent, false or misleading or that does not reflect your honest opinion and experience; act in a manner that is harassing, threatening, abusive, racist or bigoted, is otherwise socially or morally objectionable or in poor taste (as determined by us); post anything pornographic or sexually explicit in nature, or engage in the exploitation of persons in a sexual or violent manner; disclose information in violation of any legally enforceable confidentiality, non-disclosure or other contractual restrictions or rights of any third party, including any current or former employers or potential employers; solicit personally identifying information from minors; use the Services for commercial activities and/or promotions such as contests, sweepstakes, barter, pyramid schemes, advertising, affiliate links, and other forms of solicitation; imply the Services’ endorsement or partnership of any kind without our express written permission; introduce software or automated agents to the Services; scrape, strip or mine data from the Services without our express written permission; “frame” or “mirror” or otherwise incorporate part of the Services into any website, or “deep-link” to any portion of the Services without our express written permission; copy, modify or create derivative works of the Services or Our Content without our express written permission; copy or use the information, Our Content, or data on the Services in connection with a competitive service; sell, resell, rent, lease, loan, trade or otherwise monetize access to the Services or Our Content without our express written permission; interfere with, disrupt, modify, reverse engineer, decompile or create an undue burden on any data or functionality of the Services or the networks or services connected to the Services; introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar malware to the Services; or attempt to circumvent any security feature of the Services; or use the Services as a means of communication.
Products, Features & Descriptions. All of the products and features described by Lightyear and included on our Platform are produced by third parties and 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. Sponsored content will be identified as such. 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, products or services. 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. All descriptions and links regarding third parties and their products, certifications, designations, relationships, missions, affiliations, memberships, performance, and objectives on our Platform are derived from third party information that may or may not be accurate at the time you access our Services.
Ownership & Intellectual Property Release. As we may enable and allow on the Platform, you may submit certain content and information as applicable and from time-to-time, including, but not limited to, reviews, comments, and blog posts. By submitting any materials or content on the Platform (the “Submitted Content”), you grant Lightyear a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Submitted Content or any part of such Submitted Content. This license includes the right to reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, adapt or create derivative works based on the Submitted Content. Furthermore, all Submitted Content is subject to Lightyear’s review and modification prior to public posting on the Platform. Additionally, as part of this license, we may make Submitted Content available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such content on other media and services or for general marketing use, in accordance with our Privacy Policy and applicable law. No compensation will be paid with respect to the Submitted Content that you post through the Platform. You further represent, warrant and covenant that any Submitted Content you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Lightyear will be entitled to use any Submitted Content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. Submission and licensure of any of your intellectual properties will be governed by separate agreement.
We own all content created by us in connection with the Services. For clarity, “Our Content” 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, products, software, aggregate ratings, and all other elements and components of the Services excluding Submitted Content and content provided by or obtained from third parties including, but not limited to, their own respective intellectual property. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with Our Content and the Services, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of Our Content in whole or in part, except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Services and Our Content are retained by us.
Opinion & Analysis, Your Use Thereof. From time-to-time and in various parts of the Platform 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. Furthermore, be advised that coffee or any part of its cultivation, processing, trade, roasting, or packaging may cause allergic or other medical problems for some people, and that scientific studies may yet uncover other characteristics that are undesirable, at least for some people. We encourage you to make your own determination about whether consuming coffee is appropriate for you, and we encourage you to prepare coffee in a way that will not cause you any harm. Your decisions as they relate in any way to our Platform 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, experiences.
Communication. You may opt-in to receiving various communications from us, including a periodic newsletter or other content and communications that promote the Services, 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 Services, please read our Privacy Policy.
Representations, Warranties and Disclaimers. You represent and warrant that: you will use the Services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and any third parties; you are solely responsible for any and all Submitted Content, and you have all necessary rights (including intellectual property rights) to use any Submitted Content, including rights to license such content to us for use by the Services; you will not violate any third party rights in using the Services. You understand that you may expose yourself to liability if your Submitted Content or your use of the Services violates applicable law or any third-party right.
You further represent and warrant that you will: not post content that is defamatory, slanderous, libelous, fraudulent, false or misleading or that does not accurately reflect your honest opinion and experience; rely solely on your own judgment and research, and will not rely on any content posted on the Services, in making any financial decision, including the decision of purchasing or not purchasing coffee.
You acknowledge that we do not control or endorse any Submitted Content posted on the Services. Submitted Content is provided without total verification by us and may therefore be partially or entirely inaccurate. Therefore, the Services are provided “as-is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: the Services will meet your requirements; the Services will be available on an uninterrupted, timely, secure, or error-free basis; or the results that may be obtained from the use of the Services will be accurate, current, reliable or suitable. We assume no responsibility for objectionable, inaccurate, misleading, or unlawful Submitted Content on the Services.
Enforcement and Complaints. You acknowledge that we have the right to modify or remove Submitted Content for violation of these Terms or any reason or no reason, at our sole discretion.
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 Services, including due to or arising from your breach of any provision of these Terms.
Limitation on Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES, 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 SERVICES. 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 SERVICES (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 SERVICES 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.