Terms & Conditions

AGREEMENT BETWEEN USER AND xocoffee.com
Welcome to xocoffee.com. The xocoffee.com website (the “Site”) is comprised of various web pages operated by XO Coffee LLC. The Site is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices (the “Terms”). Terms includes the information contained herein as well as our cancellation policy, which can be found here https://www.xocoffee.com/cancel/, privacy policy, which can be found here https://www.xocoffee.com/privacy/, and content and information presented to you on the final step of placing an order or signing up for a subscription. Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

SITE IS AN E-COMMERCE SITE:
The Site sells coffee, coffee brewers, and accessories relating to coffee. Some of the products sold on the Site are subscription products that require you to commit to recurring payments.

PRIVACY
Your use of xocoffee.com is subject to XO Coffee LLC’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. The Privacy Policy can be found here https://www.xocoffee.com/privacy/.

CANCELLATION
Your use of the Site is subject to XO Coffee LLC’s Cancellation Policy. Please review our Cancellation Policy, which governs how recurring subscriptions and orders can be canceled. The Cancellation Policy can be found here https://www.xocoffee.com/cancel/

RECURRING CHARGES
Some of products sold on the Site are subscription products which include Recurring Charges to your credit card. By using the website, and placing orders on the website, you are agreeing to Recurring Charges on the credit card you provide us, with respect to subscription products. The specific terms, including the amount and schedule of the Recurring Charges you agree to are presented on the final page of checkout and are based on the products you selected. By subscribing to a Recurring Charge, you agree that XO Coffee LLC may submit periodic charges (every 2 weeks, monthly, every 2 months, or every 3 months) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to terminate this authorization or to change your payment method. Termination and cancellation is subject to the details within our cancellation policy here https://www.xocoffee.com/cancel.

FLAVOR GUARANTEE
XO Coffee LLC’s flavor guarantee is subject to a maximum replacement of 5 boxes of 24 count coffee per customer.

ELECTRONIC COMMUNICATIONS
Visiting the Site or sending emails to XO Coffee constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. In addition, you accept responsibility for ensuring that emails are deliverable to the email address you provide us. We send periodic transactional information, such as notices prior to subscription renewals, via email and you are responsible for ensuring that your email service can receive these emails. Ensure that you have whitelisted xocoffee.com and wpengine.com and that you have notified your email service owner or administrator of the need to whitelabel xocoffee.com and wpengine.com for delivery.

YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that XO Coffee LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. XO Coffee LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

XO Coffee LLC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use xocoffee.com only with permission of a parent or guardian.

LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of XO Coffee and XO Coffee is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. XO Coffee is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by XO Coffee of the Site or any association with its operators.

Certain services made available via xocoffee.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the xocoffee.com domain, you hereby acknowledge and consent that XO Coffee may share such information and data with any third party with whom XO Coffee has a contractual relationship to provide the requested product, service or functionality on behalf of xocoffee.com users and customers.

NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use xocoffee.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to XO Coffee that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of XO Coffee LLC or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. XO Coffee content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of XO Coffee and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of XO Coffee or our licensors except as expressly authorized by these Terms.

THIRD PARTY ACCOUNTS
You will be able to connect your XO Coffee account to third party accounts. By connecting your XO Coffee account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

INTERNATIONAL USERS
The Service is controlled, operated and administered by XO Coffee from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the XO Coffee Content accessed through xocoffee.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations. You also agree that, while the Site may be access from outside of the USA, XO Coffee may not make products available for sale and shipment to all international user.

NO WARRANTY RELATED TO CLAIMS OF SAVINGS OR PRICING
On certain social media posts, marketing, messaging, website pages and other items provided by XO Coffee LLC, general references are made to the potential savings that some consumers might achieve by purchasing from xocoffee.com as opposed to other coffee providers. We also provide competitive pricing comparisons based on research completed on competitor’s websites. XO Coffee provides no warranty to the accuracy, either implicit or explicit, of such claims or information as a result of the differences in pricing over time and broad range of consumer needs. All claims of savings relative to product alternatives are generalizations made based on market research and should not be construed as accurate in all situations. Consumers are encouraged to conduct their own price comparison research to determine how much they can save based on their needs.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless XO Coffee, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. XO Coffee reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with XO Coffee in asserting any available defenses.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. XO Coffee AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

XO Coffee AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. XO Coffee AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XO Coffee AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF XO Coffee OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

TERMINATION/ACCESS RESTRICTION
XO Coffee reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and XO Coffee as a result of this agreement or use of the Site. XO Coffee’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of XO Coffee’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by XO Coffee with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and XO Coffee with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and XO Coffee with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS
XO Coffee reserves the right, in its sole discretion, to change the Terms under which xocoffee.com is offered. The most current version of the Terms will supersede all previous versions. XO Coffee encourages you to periodically review the Terms to stay informed of our updates.

XO Coffee
1313 N. Market St
Suite 150A
Wilmington DE 19801
Email Address: support@xocoffee.com
Effective as of October 1, 2017

Compatible with all K-Cup® Coffee Brands, including 2.0 cups. XO Coffee is not affiliated with Keurig, Inc., its subsidiaries, parent organizations, or affiliated brands and businesses. Keurig® and K-Cup® are registered trademarks of Keurig, Inc.