Last updated December, 6 2012

Welcome to CocoaJoe! This website www.drinkcocoajoe.com (the “Website”), is intended to provide information and products for sale by CocoaJoe LLC. This Website is provided to you (“you” or “your”) under these “Terms of Use and Purchase” and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by CocoaJoe LLC (“CocoaJoe™”, “CocoaJoe,” “we”, “us”) from time to time or by such other manner amended or supplemented in accordance with applicable laws. Your use of this Website, and your use of informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Website or post or submit any materials on it. Your purchases of CocoaJoe™ products as provided for in the Agreement shall be governed by the Agreement (as renewed from time to time as described below) and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms of the Agreement, or renewals of the Agreement, we ask that you not purchase CocoaJoe™ products.

Ordering Process

All advertisements on this Website are invitations to purchase and not offers to sell. CocoaJoe™ reserves the right, at its sole discretion, to accept or reject the order once the order form has been completed and submitted.

Receipt of your order will be confirmed via an automatic e-mail to the e-mail address associated with your account. Such e-mail is a confirmation that your order has been received by CocoaJoe but does not constitute acceptance of your order. CocoaJoe reserves the right at any time after receipt of your order to accept or decline your order for any reason and CocoaJoe will contact you at the e-mail address provided in the order form of its decision to reject your order. In the event that CocoaJoe rejects the order, CocoaJoe will have no obligation to fulfill your order and you will have no obligation to pay CocoaJoe for the order and you will be refunded the entire purchase amount.

Availability

The purchase of products on this Website is subject to availability. In the event that CocoaJoe advises you that such products are no longer available, CocoaJoe will have no obligation to fulfill your order and you will have no obligation to pay CocoaJoe for the order and you will be refunded the entire purchase amount.

Price

You agree to pay CocoaJoe the amount set out as the “Total” (the “Fee”). The Fee is quoted in United Stated dollars and includes shipping and handling and all applicable taxes.

Method of Payment

you pay for your purchase online through a PayPal Account and you represent and warrant that you are the account holder of the applicable account.  If your card is declined (once or more than once) your order will not be shipped and CocoaJoe will have no obligation to fulfill your order.

CocoaJoe reserves the right to provide alternative methods of payment, such as PayPal, as such methods become available, either on the Website, on the phone or other locations. Such methods may include enrollment in the CocoaJoe Club through pre-authorized payments made directly from your bank account or credit card to facilitate recurring transactions.

Shipment

Your order will be shipped via USPS to the shipping address specified by you. CocoaJoe is not responsible for any loss of the products following shipment from CocoaJoe or its agents’ facilities to your delivery address.

Ownership

The Website is owned by CocoaJoe LLC. All right, title, and interest to the content displayed on the Website (excluding User Content, as defined below), including but not limited to the Website’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of CocoaJoe LLC or its affiliates, partners, agents or third parties.

Modifications to and Renewals of the Agreement

To the extent permitted by applicable laws, CocoaJoe may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Each time changes are made to the Agreement, notice of these changes will be posted on the home page unless applicable laws have additional requirements. The “Last updated” date at the top of these Terms of Use and Purchase will indicate when the latest changes were made. Subject to the requirements of applicable laws, your continued use of the Website, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.

If you are purchasing CocoaJoe products, your purchases are governed by the then current Agreement. Your renewal Agreement for each subsequent purchase will be available on the Site and will govern your subsequent purchase. If you no longer agree to the terms of the Agreement or with any changes or updates, you may cancel your purchase before it is shipped.

Contact Information

If you have any questions or concerns with respect to the Agreement or the Website you may contact a representative of CocoaJoe at:

CocoaJoe LLC
833 S. Vine St.
Denver, CO 80209
U.S.A.
888.472.7113
888.473.5945 fax
Website Intended Audience

This Website is intended for all users interested in learning more about Brewing Cocoa – Sales of CocoaJoe – Premium Brewing Cocoa cannot be made to anyone under the age of 18 without parental consent.

Privacy

The information that we obtain through your use of the Website or over the phone, whether through the purchase process or otherwise, is subject to our Privacy Policy. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website or make a purchase. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not provide us with your personal information.

Electronic Communications

The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

Compliance With Laws

You agree to comply with all applicable local laws regarding your use of the Website and your purchases of CocoaJoe products, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.

User Content Guidelines

The Guidelines: CocoaJoe has created, or may create in the future, certain areas, such as comments, ratings, message boards and chat rooms, within the Website where members can upload and share their thoughts, comments, pictures, videos and the like with other registered users (collectively, “Forums”). CocoaJoe believes this open environment enriches the online experience for those who share the same interest in chocolate and cocoa products. To help ensure that the text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by members (collectively, the “User Content”) is beneficial for the greater community, CocoaJoe has established some basic rules for everyone to follow in the form of these User Content guidelines (the “Guidelines”).

Pre-Moderation: CocoaJoe’s policy for this Website is to pre-moderate User Content unless otherwise expressly stated on the Website with respect to specific forums or other areas where user generated content is posted. Pre-moderation means that the User Content will not be posted until an administrator has reviewed it and determined that the User Content is suitable for posting to the Forum. This process also means that User Content submitted for posting will not be posted in real time. CocoaJoe will endeavor to review User Content within two business days following its submission. User Content that is deemed unsuitable for the Forum or Website may never be posted.

User Content Restrictions: User Content must be appropriate for the Forum. Without limiting the reasons for which User Content may be rejected by CocoaJoe, CocoaJoe may reject or edit any User Content that:

  • is unlawful, harassing, defamatory, abusive, hateful, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;
  • attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another user;
  • contains material or language that is profane, pornographic, sexually graphic, ethnically offensive, “off color”, political, or propaganda;
  • contains crude, vulgar or offensive images or nudity;
  • infringes or violates any party’s intellectual property rights, including, but not limited to, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
  • has been broadcasted, streamed, published or televised in any form of media, including television, books and movies;
  • contains any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
  • uses any Forum to buy or solicit any goods, services, or money to advertise or sell products or services of others;
  • discloses or references any personally identifiable information belonging to you or a third party without the proper consent having been provided or obtained;
  • depicts or describes any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
  • impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any User Content transmitted to the Forum;
  • contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
  • interferes with, disrupts, or harms in any way the Web Site, servers or networks connected to the Website;
  • uses the Website for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
  • promotes drugs or alcohol, illegal or inappropriate activities or dangerous behavior that may result in harm;
  • posts on behalf of a banned user; or
  • CocoaJoe otherwise determines to be inappropriate for the Website or inconsistent with CocoaJoe’s image and reputation.

By submitting User Content for posting, you agree that you have read and are familiar with the Guidelines. By submitting User Content for posting at a Forum, you also: (1) represent and warrant to CocoaJoe that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit User Content; (2) represent and warrant that the User Content does not constitute confidential information and is free of any claims of proprietary or personal rights; (3) agree that you are solely responsible for all User Content that you submit for posting; (4) agree that such User Content is original with you and accurate and that you own all right, title and interest in the User Content and any elements you include in the User Content, such as photographs, video footage, music tracks and the like (you may be required to provide documentation in a form acceptable to CocoaJoe evidencing such rights); and (5) grant to CocoaJoe and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such User Content (in whole or part) throughout the world and in any media, in perpetuity, including without limitation on the Website and on any affiliate or successor Website owned or operated by CocoaJoe or its affiliates, without compensation, notification, approval or any other obligation, to anyone, including yourself. Furthermore, CocoaJoe is free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation, notification, approval or any other obligation, to anyone, including yourself. You will not have any claim against CocoaJoe with respect to any use or non-use of User Content, and to the extent, a claim is made against CocoaJoe or any of affiliated entities by any third party with respect to User Content, you agree to indemnify and hold CocoaJoe and its affiliated entities harmless with respect to any such claims, including, without limitation, attorneys’ costs and expenses incurred in connection therewith.

When you submit User Content for posting at a Forum, you understand that CocoaJoe will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world and in any media, in perpetuity, including without limitation on the Website and on any affiliate or successor Website owned or operated by CocoaJoe or its affiliates and any Website to which CocoaJoe or its affiliates subscribe, license, or provide branded content for such as but not limited to: YouTube or Facebook. If CocoaJoe makes use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how CocoaJoe uses the foregoing rights. You hereby waive any moral rights that you may have in connection with the User Content for the benefit of CocoaJoe and its affiliates, assignees and licensees.

Responsibility for Forums, User Content and Users: You acknowledge that the Forums contain the opinions and views of other registered users and others who participate from time to time. You acknowledge further that CocoaJoe is not responsible for the accuracy of any User Content on the Website. You understand and agree that all User Content is the sole responsibility of the person with whom the User Content originated, notwithstanding that CocoaJoe may pre-moderate User Content prior to posting to Forums. You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.

You acknowledge and agree that, beyond providing and facilitating the Forums, CocoaJoe has no control over or oversight of, and will not participate or otherwise be involved in, your dealings with any other users. Any outside communications, transactions or other dealings that you may have or enter into with any other user of the message board are solely between you and such other user.

Violations of the Guidelines: If you violate the Guidelines, CocoaJoe’s community staff or designees will contact you individually. Your actions may result in a warning, suspension, or permanent banning from participation in Forums. CocoaJoe does not publicly discuss or announce warnings, suspensions, or loss of access. The decision to restrict access is made at the community staff’s discretion and is the result of our sole judgment of a user’s demonstrated inability or disinclination to follow the Guidelines. CocoaJoe reserves the right to restrict access to the Forums and the Web Site from any user at any time for any reason, with or without warning. Notwithstanding CocoaJoe’s attempts to pre-moderate User Content, if you see a message you believe violates the Guidelines please contact us at support@CocoaJoebru.com.

CocoaJoe’s Rights: CocoaJoe and its designees have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any User Content that is available via a Forum at any time, even where such User Content was approved for posting in the past.

CocoaJoe reserves the right, in its sole discretion, to refuse access to a Forum by any user for any reason. Without limiting the foregoing, CocoaJoe and its designees will have the right to remove any User Content that violates the Guidelines or that CocoaJoe considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Web Site, including your User Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices. You acknowledge and agree that CocoaJoe may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Guidelines; (c) respond to claims that any User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of CocoaJoe, the Web Site, its users, and the public. Details regarding our use of personally identifiable information included in User Content are set forth in our Privacy Policy.

Discontinuation: CocoaJoe reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Content and/or your ability to access User Content with or without notice, in its sole discretion. You agree that CocoaJoe shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Content.

Storage of User Content

You agree that CocoaJoe may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for User Content maintained, disseminated, or transmitted through the Website. You agree that CocoaJoe has no responsibility or liability for the deletion of or failure to store any messages, communications, or other User Content maintained, disseminated, or transmitted through the Website.

Protection of Intellectual Property Rights and License

You acknowledge that all other content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third-party advertisers (the “Other Content”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by CocoaJoe herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any Other Content (including, without limitation, any software) available through the Website.

You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Other Content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the Other Content. You may not copy, reprint, modify, distribute, or sell Other Content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of CocoaJoe. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of CocoaJoe. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of CocoaJoe’s content, under any Other Content or under any associated intellectual property rights. Any rights not expressly granted herein are reserved.

Information Disclaimer

THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.

COCOAJOE AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE CocoaJoe STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, CocoaJoe CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.

Disclaimer of Warranties With Respect to Use of Website

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CocoaJoe EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR LEGAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

COCOAJOE DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. COCOAJOE MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR DAMAGE TO ANY OTHER MATERIAL THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COCOAJOE OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitations of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL COCOAJOE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR REVENUES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS OR REVENUES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, CIVIL LIABILITY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED OR OTHERWISE PROVIDED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (6) ANY OTHER MATTER RELATING TO THE WEBSITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT COCOAJOE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Trademark Notices

CocoaJoe™ is a trademark of CocoaJoe LLC or its affiliates. All other trademarks and service marks displayed on the Website are the property of CocoaJoe or its affiliates or licensors. You may not use or display any trademarks or service marks owned by CocoaJoe or its affiliates without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.

Modification or Suspension of the Website

You agree that CocoaJoe may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that CocoaJoe will not be liable for the consequences of doing so.

Termination

CocoaJoe may terminate these Terms of Use and Purchase for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. You further agree that CocoaJoe will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of these Terms of Use and Purchase regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, Arbitration, Ownership, Privacy, Applicable Law and any other provision that is intended to survive in order to give effect thereto, shall survive any such termination.

Severability of Terms of Use and Purchase

If any provision of these Terms of Use and Purchase is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in these Terms of Use and Purchase shall continue in full force and effect.

Limitation of Actions Brought Against CocoaJoe

You agree that any claim or cause of action arising out of your use of the Website or these Terms of Use and Purchase must be filed, to the extent permitted by applicable laws, within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.

Applicable Law

To the fullest extent permitted by applicable laws, these Terms of Use and Purchase and the resolution of any dispute related to these Terms of Use and Purchase, the Website, or items you purchase or receive through the Website shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any principles of conflicts of law. Subject to the arbitration clause below, any legal action or proceeding between CocoaJoe and you related to the Agreement shall be brought exclusively in courts of a federal or state court of competent jurisdiction sitting in Utah, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Arbitration

Any claim or dispute (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) this Agreement including its formation, termination or enforceability; (b) any items purchased on the Website; (c) use of, or inability to use, the Website; (d) oral or written statements, advertisements or promotions relating to this Agreement or to CocoaJoe or (d) the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement) (collectively the “Claim”), will be referred to and determined by arbitration (to the exclusion of the courts). You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us.

Notwithstanding the foregoing, CocoaJoe shall have the right to seek injunctive or other equitable relief in a court of competent jurisdiction in order to prevent or stop a breach or possible breach of this Agreement.

If you have a Claim, you should give written notice to arbitrate to us at the address specified under the heading “Contact Information”. If we have a claim we will give you notice at your address. Arbitration of Claims will be conducted in Salt Lake City, Utah, under the rules of the American Arbitration Association. The decision of the arbitrators shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. Costs and fees associated with the mediation shall be shared equally by the parties. The prevailing party in the arbitration proceedings shall be awarded reasonable attorney fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrators shall for good cause determine otherwise.

The laws of certain jurisdictions may not permit the foregoing and if you reside in such jurisdictions, this section will not apply to you.



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