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Dutch Bros. terms of service

Effective as of November 4, 2015
 

IMPORTANT – Dutch Bros. (which includes the affiliated companies DB Franchising USA, LLC, Dutch Bros. L.L.C., Boersma Bros. LLC, and DutchWear LLC (collectively "Dutch Bros." or “we,” “our,” “us”)) offers this website, www.dutchbros.com, to allow you to shop for coffee, tea, clothing, and other products online; to search for Dutch Bros. outlets and franchise locations; and to learn more about the Dutch Bros.® brand and way of life.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this "TOS") GOVERN YOUR ACCESS TO AND USE OF ALL OR PART OF ANY WEBSITE OF DUTCH BROS., INCLUDING DUTCHBROS.COM, SHOP.DUTCHBROS.COM, AND DUTCH COMM, AND PROGRAMS, SERVICES, PRODUCTS, TOOLS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THE WEBSITES OR USED IN CONNECTION THEREWITH (collectively, the “Website"). THESE TERMS AND CONDITIONS GOVERN ALL USERS UNLESS A PROVISION EXPRESSLY PROVIDES THAT IT APPLIES ONLY TO FRANCHISEES. THESE TERMS AND CONDITIONS DO NOT GOVERN YOUR USE OF THE DUTCH BROS. MOBILE APP. Dutch Bros. IS WILLING TO LICENSE AND ALLOW THE USE OF THIS WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Dutch Bros. may periodically and in its sole discretion modify this TOS. If Dutch Bros. materially changes its TOS, a notice will be posted on the Website, along with the updated TOS, and the “Last Updated” date above will be modified. Your continued use of the Website means that you accept the updated terms.

Terms and conditions

  1. LICENSE GRANT. The Website is provided by Dutch Bros., and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website and any other programs, services, tools, materials, products, or information made available through or from the Website conditioned on your continued compliance with the terms and conditions of this TOS. This TOS permits you to use and access for personal or non-commercial purposes the Website via computer, mobile device, tablet, or other technology. You may also load information from the Website into your laptop's, workstation's, or computer's temporary memory (RAM) and print and download materials and information from the Website solely for your personal or non-commercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information.

Dutch Bros. provides to its franchisees that have registered as Authorized Users in Dutch Comm (each, a “Franchisee”) a limited, personal, non-transferable license to use the Website and any other programs, services, tools, materials, products, or information made available through or from the Website conditioned on the Franchisee’s continued compliance with this TOS and in accordance with the Franchise Agreement entered into between Franchisee and Dutch Bros. This TOS permits a Franchisee or its agents to use and access for business purposes the Website via computer, mobile device, tablet, or other technology. The Franchisee or its agents may load information from the Website into a computer’s temporary memory (RAM) and print and download materials and information from the Website for business use, provided that all copies contain all copyright and other applicable notices contained in such materials and information and are used in accordance with the Franchise Agreement entered into between Franchisee and Dutch Bros. This provision is only applicable to Franchisees, as Franchisees are the only users that may use Dutch Bros. materials and information for business purposes.

  1. PRIVACY. Dutch Bros. cares about your privacy. Please read our Privacy Policy [insert link], which outlines how our Website will collect information about you, how information will be shared and secured, and certain rights you have with respect to your information. Each time you use this Website, you agree to all terms of our current Privacy Policy. Certain programs, services, tools, materials, or information of the Website requires the submission, use, and dissemination of various personally identifiable information. Accordingly, if you wish to access and use those programs, services, tools, materials, or information of the Website, you acknowledge and agree that your use of the Website will constitute acceptance of Dutch Bros.'s personally identifiable information collection and use practices.

We reserve the right to modify or update our Privacy Policy at any time.

  1. ELIGIBILITY

The Website is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these TOS.

  1. ACCOUNT CREATION In order to participate in certain areas of the Website, specifically shop.dutchbros.com, you may need to register for an account. By downloading, accessing, or using the Website in order to view our information and materials or submit information of any kind, you represent that you are at least the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Website as prompted by the Website’s registration forms. If you provide any false, inaccurate, untrue, or incomplete information, Dutch Bros. reserves the right to immediately terminate your access to and use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the services and Website. You are entirely responsible for any and all activities that occur under your account. Dutch Bros. has the right to provide user account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, customers or business) as set forth in the Privacy Policy.

  2. DUTCH COMM ACCOUNT POLICY. This section applies exclusively to Franchisees. Dutch Comm account registration is accessible solely to Franchisees or their designated agent. Once a Franchisee’s registration form is accepted, the Franchisee is an Authorized User in Dutch Comm. Registration as an Authorized User for access to Dutch Comm requires both a user name and a password. Only one Authorized User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both the Franchisee’s user name and password can gain entry to the Website and to his or her account. Accordingly, by using the Website, the Franchisee agrees to consider his or her user name and password as confidential information and to keep his or her user name and password confidential. The Franchisee also agrees not to use another Authorized User's user name and password. The Franchisee is responsible for taking precautions and providing security measures best suited for his or her situation and the intended use of services and the Website. The Franchisee will immediately notify Dutch Bros. if he or she becomes aware of any loss or theft of his or her password or any unauthorized use of his or her user name and password. Dutch Bros. cannot and will not be liable for any loss or damage arising from the Franchisee’s failure to comply with these obligations. Dutch Bros. reserves the right to delete or change a user name or password at any time and for any reason.

  3. USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Website. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by this TOS any personally identifiable information, which you receive or which is made available from Dutch Bros. in connection with this TOS. This TOS is also expressly made subject to any applicable export laws, orders, restrictions, or regulations. You shall not export the Website (or access thereto) without complying with such laws, orders, restrictions, or regulations. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk.

  4. SECURITY. While Dutch Bros. has endeavored to create a secure and reliable Website, you should understand that the confidentiality of any communication or material transmitted to/from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, Dutch Bros. is not responsible for the security of any information transmitted to or from the Website. You agree to assume all responsibility concerning activities related to your use of the Website, including providing any support or meeting any requirements of your contracts with third parties, obtaining and paying for all licenses and costs for third-party software and hardware necessary for implementation of the Website, and maintaining and backing up any data. Any support, training, updates, upgrades, or maintenance of or for the Website shall only be available through the sole discretion of Dutch Bros. or pursuant to the terms and conditions of a separate written agreement with Dutch Bros.

  5. RESTRICTIONS. By using the Website, you agree not to do any of the following:

    1. use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by Dutch Bros. through the Website in any manner not expressly permitted by this TOS;

    2. modify, translate, decompile, create any derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Website;

    3. use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or in any way reproduce or circumvent the navigational structure or presentation of the Website to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Website;

    4. attempt to gain unauthorized access to any portion or feature of the Website, including, without limitation, the account of any other Authorized User(s), or any other systems or networks connected to the Website or to any Dutch Bros. server or to any of the services offered on or through the Website, by hacking, password "mining," or any other illegitimate or prohibited means;

    5. probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website;

    6. reverse look-up, trace, or seek to trace any information on any other Authorized User of or visitor to the Website;

    7. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Dutch Bros.'s systems or networks or any systems or networks connected to the Website;

    8. use any device, software, or routine to interfere with the proper working of the Website or any transaction conducted on the Website, or with any other person's use of the Website;

    9. forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to Dutch Bros. on or through the Website;

    10. use the Website to harvest or collect e-mail addresses or other contact information;

    11. market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Website (or any part thereof) without Dutch Bros. express, separate, and prior written permission; or

    12. use the Website in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Dutch Bros.

  6. PROPRIETARY RIGHTS. This TOS provides only a limited license to access and use the Website. Accordingly, you expressly acknowledge and agree that Dutch Bros. transfers no ownership or intellectual property interest or title in and to the Website to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Website, unless otherwise indicated, are owned, controlled, and licensed by Dutch Bros. and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Dutch Bros. does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Website may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that Dutch Bros. does enforce its intellectual property rights to the fullest extent of the law and, in particular and without limitation, with respect to illegal use of terms confusingly similar to any of Dutch Bros.'s trademarks. This Website is Copyright © 2015 Dutch Bros L.L.C. and/or its licensors. All rights reserved. Dutch Bros. also owns a copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the Website. Any downloadable or printable programs, directories, databases, information, or materials available through the Website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by Dutch Bros. Dutch Bros.®, Dutch Bros. Coffee®, the Dutch Bros. Cup logo, and all other names, logos, and icons identifying Dutch Bros. and its programs, products, and services are proprietary trademarks of Dutch Bros., and any use of such marks, including, without limitation, as domain names, without the express written permission of Dutch Bros. is strictly prohibited.

  7. DIGITAL MILLENNIUM COPYRIGHT ACT (“DCMA”). It is a policy of Dutch Bros. to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you believe any material available via the Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Dutch Bros. L.L.C.

General Counsel

300 N. Valley Dr.

Grants Pass, OR 97526

541-955-4700

[email protected]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Dutch Bros. may, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others.

  1. FEEDBACK AND SUBMISSIONS. Dutch Bros. welcomes your feedback and suggestions about Dutch Bros.'s products or services or the Website. By transmitting any suggestions, information, material, or other content (collectively, "Feedback") to Dutch Bros., you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Dutch Bros. and enable Dutch Bros. to use such Feedback. Dutch Bros. will not be liable for any use or disclosure of any Feedback. You expressly grant Dutch Bros. a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. This policy is intended to avoid the possibility of future misunderstandings if projects or ideas developed by Dutch Bros. seem similar to ideas contained in your Feedback.

  2. LINKS TO OTHER SITES. Dutch Bros. provides links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed by Dutch Bros. and are maintained by third parties over which Dutch Bros. exercises no control. Any activities you engage in involving linked websites are subject to privacy and other policies, terms and conditions of use, and other rules issued by the operator of the linked websites. Accordingly, Dutch Bros. expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

  3. LINKS TO THE WEBSITE. Dutch Bros. grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Website, so long as: (i) the links and the content on your website or platform do not suggest any affiliation with Dutch Bros. or cause any other confusion, and (ii) the link and the content on your website do not portray Dutch Bros. or it products or services in a false, misleading, derogatory, or otherwise offensive manner and do not contain content that is inappropriate for children or that is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal, or that violate any right of any third party or are otherwise objectionable to Dutch Bros. Dutch Bros. reserves the right to suspend or prohibit linking to the Website for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

  4. PRODUCTS. Dutch Bros. provides online ordering services to users. By submitting a completed order for Dutch Bros. and Dutch Wear products (the “Goods”) you offer to purchase the Goods you select and submit to Dutch Bros. through the online order form. In addition, Dutch Bros. offers an online subscription service (the “Subscription”) for its single serve DB cups and coffee beans (the “Coffee Products” and collectively with the Goods, the “Products”). By submitting a completed order form for a Subscription for the Coffee Products, you offer to purchase the Subscription you select and submit to Dutch Bros. through the online order form. Dutch Bros. may accept your order by sending you an electronic order confirmation that your order has been accepted. Dutch Bros. may reject your order in its sole discretion. If Dutch Bros. accepts your order, you authorize Dutch Bros. or its vendors or agents to bill your credit card (or other alternative payment method offered by Dutch Bros. and selected by you) (collectively, your ‘Payment Method”) the current fees and charges for each Product chosen by you. When you provide bank card information, account numbers or other information to us or our vendors, you represent to us that the information is accurate, complete, and current, and that you are the authorized user of the bank card that is used to pay for the Products. In the event legal action is necessary to collect on balances due, you agree to reimburse Dutch Bros. and its vendors or agents for all expenses incurred to recover sums due, including attorney’s fees and other legal expenses (including on appeal).

  5. SUBSCRIPTION DETAILS. The Subscription is for the delivery of Dutch Bros. Coffee Products at scheduled intervals and quantities of your choosing. We currently offer delivery intervals of every 15, 30, 45, and 60 days. The quantity of Coffee Products in each delivery will be based on the initial quantity you select on the order form.

All Subscriptions will automatically renew for the same period and quantity as your initial Subscription, unless you cancel or modify your Subscription as set forth in these TOS. You may cancel your Subscription at any time prior to the estimated shipment date for the next renewal period in order to avoid automatic Subscription renewal and the next billing cycle. If you do not cancel your Subscription as set forth in these TOS, we will bill the applicable Subscription fee for the renewal Subscription, plus any applicable taxes and fees. You can cancel or modify your Subscription by e-mailing Dutch Bros. at [email protected] or logging into your account and following the cancellation/modification instructions.

It is very important to understand that you will not receive a notice from Dutch Bros. that your Subscription is going to automatically renew, and if you wish to avoid charges to your Payment Method for a renewal Subscription, you must cancel your Dutch Bros. Subscription as set forth in these TOS.

  1. ELIGIBILITY. You must be 18 years old or older to place an order on this Website. You may only purchase Products which appear on this Website and are delivered to an address located in the United States or Canada. You may only purchase Products for personal use by either yourself or your intended recipient of the Products. We may refuse any order that we have reasonable cause to believe is for onward sale other than through distribution channels approved by us.

  2. PRODUCTS AVAILABILITY. Dutch Bros. will notify you in the event a Product you order is temporarily or permanently unavailable.

  3. PRODUCTS, CONTENT AND SPECIFICATIONS. Details of our Products are available on the Website. Dutch Bros. attempts to describe its Products as accurately as possible. However, Dutch Bros. does not warrant that Product descriptions are accurate, complete, current, or error-free. All features, content, specifications, Products, and prices described on the Website are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your device will accurately display such colors. The inclusion of any Products or services on the Website at a particular time does not imply or warrant that these Products or services will be available at any time, and we reserve the right, without prior notice, to limit the order quantity on any Product or service and/or refuse service to any customer. Occasionally, the manufacture or distribution of a certain Product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the Products ordered will be used only in a lawful manner and in accordance with these terms.

  4. DELIVERY. Products are shipped in accordance with Dutch Bros.’s delivery options as outlined in “Shipping Info,” available at shop.dutchbros.com. When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Website. A delivery fee may apply to Products delivered to you by Dutch Bros. and by placing an order you agree to pay such fee. All purchases from the Website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If delivery is available, Dutch Bros. will estimate the time of delivery; however, Dutch Bros. specifically disclaims any liability with regard to late deliveries.

  5. RETURNS. You may return a Product purchased from the Website in the event that the Product is defective or for any reason with 45 days of the date of your order. Dutch Bros. will only accept returned Products that are unworn, unwashed, or defective. You are responsible for the shipping costs associated with any return. Dutch Bros. only accepts returned Products that comply with Dutch Bros.’s return policy available at shop.dutchbros.com.

  6. FEES, PRICING, AND TAXES. You are responsible for the purchase of, and payment of charges for all Internet access services and telecommunication services needed for use of this Website. All prices are listed in U.S. dollars. We cannot confirm the price of any Product or Subscription until you place your order. Dutch Bros. may charge you sales tax at the time of your order. If you become aware of any unpaid sales tax or other amounts with respect to any purchases, you must promptly report this to Dutch Bros. and must timely pay such taxes or amounts.

  7. DISCLAIMER. WHILE DUTCH BROS. ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. DUTCH BROS. DOES NOT PROVIDE ANY ASSURANCE AS TO THE AVAILABILITY OF ANY PRODUCTS OR THE USABILITY BY YOU OF THE WEBSITE OR THE ONLINE ORDERING SERVICES. DUTCH BROS. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR SUFFICIENCY OF ANY PRODUCT INFORMATION LISTED ON THE WEBSITE. MOREOVER, DUTCH BROS. MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE WEBSITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE WEBSITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE. DUTCH BROS. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AS TO THE PRODUCTS, THE ORDERING PROCESS, PRODUCT DELIVERY, OR OTHERWISE.. DUTCH BROS. ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

  8. LIMITATION OF LIABILITY. You expressly absolve and release Dutch Bros. from any claim of harm resulting from a cause beyond Dutch Bros.'s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, IN NO EVENT SHALL DUTCH BROS. BE LIABLE FOR ANY DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, PRODUCTS, AND MATERIALS AVAILABLE THROUGH THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF DUTCH BROS. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH 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. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF DUTCH BROS. FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DUTCH BROS. IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE DURING THE PRIOR THREE MONTHS. ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS CONTENT, OR THE PRODUCTS MUST BE BROUGHT WITHIN 1 YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION.

  9. INDEMNITY. You agree to defend, indemnify, and hold harmless Dutch Bros. and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of this TOS.

  10. NOTICE OF SECURITY BREACH. In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by Dutch Bros., you shall immediately (i) notify Dutch Bros. of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by this TOS at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform Dutch Bros. of the results of such investigation, (c) assist Dutch Bros. using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist Dutch Bros. as reasonably necessary to enforce Dutch Bros.'s rights and to enable Dutch Bros. to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.

  11. GOVERNING LAW. This TOS has been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Oregon, U.S.A. as applied to agreements entered into and completely performed in the State of Oregon. You and Dutch Bros. each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Oregon, Josephine County, for any disputes between us under or arising out of this TOS.

  12. DISPUTE RESOLUTION. Any dispute arising out of or relating (i) to the Website, its Contents, or the TOS (including interpretation or breach of the TOS), or (ii) to the existence, scope, validity of the TOS or this provision, including the nature and extent of the issues to be arbitrated, will be settled by arbitration before a single arbitrator, using the Commercial Arbitration Rules of the American Arbitration Association and shall take place in Josephine County, Oregon. The decision of the arbitrator will be final and binding on all persons affected by the decision. Judgment upon the arbitration award may be entered in any court having jurisdiction.

You and Dutch Bros. agree to arbitrate in each of our individual capacities only, not as a representative or member of a class, and each of us expressly waives any right to file a class action or seek relief on a class basis.

You acknowledge that either party may seek attorney's fees in any proceeding. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact Dutch Bros. if you wish to receive a printed copy of this TOS.

  1. ENFORCING SECURITY ON THE WEBSITE. Actual or attempted unauthorized use of the Website may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. Dutch Bros. reserves the right to view, monitor, and record activity on the Website without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Website. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Website as well as to disclosures required by or under applicable law or related government agency actions. Dutch Bros. will also comply with all court orders involving requests for such information. In addition to the foregoing, Dutch Bros. reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Website, or any portion of the Website, in order to protect the Website, Dutch Bros., or Dutch Bros.'s business.

  2. TERM AND TERMINATION. This TOS and your right to use the Website will take effect at the moment you install, access, or use the Website. Moreover, any use of the Website other than as specifically authorized herein, without the prior written consent of Dutch Bros., is strictly prohibited and will terminate the license granted herein. Notwithstanding this TOS, Dutch Bros. reserves the right, without notice and its sole discretion, to terminate your license to use the Website and to block or prevent your future access to, and use of, the Website. The provisions concerning Dutch Bros.'s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of this TOS for any reason. Dutch Bros. also has the right to change or discontinue the Website or any feature of the Website at any time.

  3. IRREPARABLE INJURY. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to Dutch Bros., such injury would not be quantifiable in monetary damages, and Dutch Bros. would not have an adequate remedy at law. You therefore agree that Dutch Bros. shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that Dutch Bros. post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Dutch Bros. to enforce any provision of this TOS. The parties agree that this TOS is for the benefit of the parties hereto as well as Dutch Bros.'s licensors. Accordingly, this TOS is personal to you, and you may not assign your rights or obligations to any other person or entity without Dutch Bros.'s prior written consent. Failure by Dutch Bros. to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver by Dutch Bros. of that or any subsequent default or failure of performance.

  4. SEVERABILITY. If any provision (or part thereof) contained in this TOS is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.

  5. MISCELLANEOUS No joint venture, partnership, employment, or agency relationship exists between you and Dutch Bros. as result of this TOS or your utilization of the Website. Headings herein are for convenience only. This TOS, along with the Dutch Bros.'s Privacy Policy, represents the entire agreement between you and Dutch Bros. with respect to use of the Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Dutch Bros. with respect to the Website.

  6. CONTACT US

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Website:

Dutch Bros. Coffee

300 N. Valley Dr.

Grants Pass, OR 97526

[email protected]