Terms of Service - Philz Coffee

You must be at least 18 years of age to access or use our Services. By using the Services, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Services, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

You may need to register for a Philz account (“My Philz Account”) to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. If you check out without creating a My Philz Account, you will still be required to provide an email address, which will be used to track your transactions.

By creating a My Philz Account or providing an email address, you also consent to receive electronic communications from Philz (e.g., via email or by posting notices to our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. If you create a My Philz Account using your email address, we may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or by contacting [email protected].

4.1 PRODUCTS AND PRICING

You may order Products through our Services. Note that we do not currently deliver Products, including deliveries under a Coffee Subscription (defined below), to every location. For more information about ordering our Products, please visit our website.

4.2 CONTINUOUS COFFEE SUBSCRIPTIONS; CANCELLATION POLICY

Coffee Subscriptions. We offer different subscription plans for our coffee products (each, a “Coffee Subscription”). For more information about our Coffee Subscriptions, please visit our Subscriptions page on our website.

Continuous Subscriptions. WHEN YOU PURCHASE A COFFEE SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) PHILZ (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A REGULAR AND ONGOING BASIS FOR YOUR COFFEE SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR COFFEE SUBSCRIPTION CONTINUES, AND (B) YOUR COFFEE SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO OUR SERVICES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.  DELIVERY FREQUENCY AND CORRESPONDING CHARGES UNDER YOUR COFFEE SUBSCRIPTION IS DETERMINED BY THE SUBSCRIPTION FREQUENCY YOU CHOSE FOR YOUR COFFEE SUBSCRIPTION. YOU MAY SKIP COFFEE SUBSCRIPTION DELIVERIES AS OFTEN AS YOU'D LIKE BY MANAGING YOUR COFFEE SUBSCRIPTION THROUGH THE SUBSCRIPTIONS TAB OF YOUR MY PHILZ ACCOUNT DASHBOARD OR BY CONTACTING US AT [email protected] OR AT 415-635-2790.

Cancellation Policy. YOU MAY CANCEL YOUR COFFEE SUBSCRIPTION AT ANY TIME BY ACCESSING THE SUBSCRIPTIONS TAB OF YOUR MY PHILZ ACCOUNT DASHBOARD AND UPDATING THE STATUS OF YOUR SUBSCRIPTION OR BY CONTACTING [email protected] OR CALLING 415-635-2790.  COFFEE SUBSCRIPTIONS MUST BE CANCELLED ONE (1) BUSINESS DAY BEFORE THAT COFFEE SUBSCRIPTION’S “NEXT SHIP DATE” IN ORDER TO AVOID RECEIVING AND BEING CHARGED FOR THAT DELIVERY. COFFEE SUBSCRIPTION CANCELLATIONS PLACED LESS THAN ONE (1) BUSINESS DAY FROM THAT COFFEE SUBSCRIPTION’S “NEXT SHIP DATE” WILL NOT TAKE EFFECT UNTIL THE FOLLOWING SCHEDULED SUBSCRIPTION DELIVERY. YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED WITH RESPECT TO ANY COFFEE SUBSCRIPTION ORDER PROCESSED AND DELIVERED PRIOR TO THE CANCELLATION OF YOUR COFFEE SUBSCRIPTION. 

In the event you cancel your Coffee Subscription, please note that we may still send you promotional communications about Philz, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein or updating your email preferences on your My Philz Account.

4.3 GIFT CARDS AND GIFT CERTIFICATES

You may purchase gift cards (“Gift Cards”) at Philz store locations, at Third-Party Branded Stores, or through our website and you may purchase electronic gift certificates (“eGift Certificates”) through our website. Gift Cards may only be used for purchases made at physical Philz store locations and Third-Party Branded Stores and eGift Certificates may only be used for purchases made through our website. By purchasing or redeeming a Philz Gift Card, you agree to our Philz Coffee Gift Card Program Terms and Conditions which are available at philzcoffee.com/gift-card-terms and hereby incorporated by reference. By purchasing or redeeming a Philz eGift Certificate, you agree to our Philz Coffee Gift Certificate Program Terms and Conditions which are available at philzcoffee.com/gift-certificate-terms and hereby incorporated by reference.

4.4 PAYMENT AND BILLING INFORMATION

By providing us with credit card information, you represent and warrant that you are authorized to use that credit card and that you authorize us (or our third party payment processor) to charge your credit card for the total amount of your Coffee Subscriptions or other Product orders from our Services, including any applicable taxes and other charges (each order, an “Order”). If the credit card cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. You may change or update the payment information associated with your My Philz Account at any time either through your My Philz Account or by calling Customer Service at 415-635-2790.

You acknowledge that the amount billed may vary due to promotional offers, your shipping address, changes you make to your Coffee Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your credit card for the corresponding amount.

4.5 PRICING AND AVAILABILITY

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Coffee Subscription, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of a Coffee Subscription to you after we provide notice of changes to the amounts or other charges associated with your Coffee Subscription will confirm your acceptance of such changes, unless you cancel your Coffee Subscription(s) in accordance with the cancellation policies set forth in Sections 4.1 and 4.2, as applicable. 

All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering and to substitute Products without prior notice, including, but not limited to, Products that are part of a Coffee Subscription. If you are not satisfied with a substitution, please contact us at [email protected]. 

4.6 TAXES

We will collect applicable sales tax on Products, including, but not limited to, Coffee Subscription Deliveries, shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

4.7 SHIPPING AND HANDLING

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase, but, in the case of a Coffee Subscription shipment, we may be unable to provide advance notice of such shipping charge changes when they are made by our third-party couriers because generally, shipping is handled by a third party courier. When you purchase a Product from us, any shipping times shown on the Services are estimates only. Actual delivery dates may vary. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

4.8 RETURNS AND REFUNDS

If you are dissatisfied with a Product for any reason, including Products received as part of a Coffee Subscription, please contact us at [email protected]. If you are contacting us in regards to a refund for a purchase made through our mobile application, please contact us at [email protected]. We will consider returns and refunds within 30 days of purchase.

Please refer to our Privacy Policy at philzcoffee.com/privacy-policy for information about how we collect, use and disclose information about you

Our Services may allow you and other users to create, post, submit, share or store content, including, but not limited to, reviews, messages, text, photos, videos, and other materials (collectively, “User Content”) Except for the license you grant below, you retain all rights in and to your User Content, as between you and Philz.

You grant Philz a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you submit or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may become available to the public. 

You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using our Services. You agree that you will abide by these Terms and will not:

• Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
• Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of our Services;
• Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
• Develop any third party applications that interact with our Services without our prior written consent;
• Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access our Services, extract data or otherwise interfere with or modify the rendering of our Services’ web pages or functionality;
• Use our Services in any manner that could create an impression of affiliation, sponsorship, or endorsement by Philz;
• Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms; or
• Use or attempt to use another user’s account without authorization from that user and Philz.

You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
• Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
• May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
• Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  Impersonates, or misrepresents your affiliation with, any person or entity;
• Contains any unsolicited promotions, political campaigning, advertising or solicitations;
• Contains any private or personal information of a third party without such third party’s consent;
• Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
• Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Philz or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively the “Philz Content”) are owned by or licensed to Philz and are protected under both United States and foreign laws. Except as explicitly states in these Terms, Philz and our licensors reserve all rights in and to our Services and the Philz Content.

You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Philz Content for your own person use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially our Services or Content, except as expressly permitted by us; (b) copy, reproduce, distribute, publicly perform or publicly display any Philz Content, except as expressly permitted by us or our licensors; (c) modify the Philz Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Philz Content; (d) use any data mining, robots or similar data gathering or extraction methods, (e) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent; and (f) use our Services or Philz Content other than for their intended purposes. Any use of our Services or Philz Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.

You may create a text hyperlink to our Services for noncommercial purposes, provided that such link does not portray Philz or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited permission may be revoked at any time. You may not use the Philz logo or other proprietary graphic of Philz to link to our Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Philz trademark, logo or other proprietary information, including the images found on our Services or Products, the content of any text or the layout or design of any page, or form contained on a page, on our Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Philz or any third party. 

We may establish hyperlinks between our Services and one or more websites operated by third parties. Philz makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from our Services, or websites linking to our Services.  Such sites are not under the control of Philz and Philz is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Philz provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein.  When you leave our Services, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.

Philz may provide third party content on our Services and may provide links to web pages and content of third parties (collectively, the “Third Party Content”) as a service to those interested in this information. Philz does not monitor or have any control over any Third Party Content or third party Web sites.  Philz does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness.  Philz does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content.  Users use such Third Party Content contained therein at their own risk.

Our Services may also contain third party software that is subject to open source licenses ("Open Source Software"). The Open Source Software is licensed under the terms of the license that accompanies such Open Source Software, subject to additional terms and conditions, available at philzcoffee.com/open-source-attributions. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable end user license for such Open Source Software. We make no representations or warranties of any kind regarding the Open Source Software contained in our Services, and you agree that Philz is not responsible or liable in any manner for such Open Source Software.

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Philz or our Products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Philz. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Philz or our Products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Philz. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

We have a policy limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Philz’ Designated Agent as follows: 

Designated Agent: Marketing
Address: 680 85th Ave, Oakland, CA 94621
Phone: (415) 834-5933
Fax: (415) 834-5493
Email: [email protected]

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to Philz Coffee for certain costs and damages.

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. 

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services.

Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Philz does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Philz attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Philz and the other Philz Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental or special damages or lost profits, even if Philz or the other Philz Parties have been advised of the possibility of such damages.

The total liability of Philz and the other Philz Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid, if any, by you to access or use our Services.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Philz or the other Philz Parties or for any other matters in which liability cannot be excluded or limited under applicable law.

To the fullest extent permitted by applicable law, you release Philz and the other Philz Parties from responsibility, liability, claims, demands, and damages (actual and consequential), or any one of the foregoing, of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Philz and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Philz seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Philz seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Philz waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in San Francisco County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. 

You and Philz agree that any dispute arising out of or related to these Terms or our Services is personal to you and Philz and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Philz agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Philz agree that for any arbitration you initiate, you will pay the filing fee and Philz will pay the remaining JAMS fees and costs. For any arbitration initiated by Philz, Philz will pay all JAMS fees and costs. You and Philz agree that the state or federal courts of the State of California and the United States sitting in San Francisco County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. 

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Philz will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by emailing us at [email protected]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in San Francisco County, California.

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

The following sections will survive the expiration or termination of these Terms and the termination of your My Philz Account: all defined terms and Sections 1-7, 8 (1st paragraph), 9 (2nd paragraph), 10-23.

These Terms constitute the entire agreement between you and Philz relating to your access to and use of our Services. The failure of Philz to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.

If you have any questions about these Terms or our Services, please contact us at [email protected].

Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice; The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by telephone at (800) 952-5210.