Terms & Conditions
Welcome to [https://www.brand-caffeine.com] (the “Site”). The Stie is comprised of various web pages, services and/or products operated and/or sold by ILLUMIN8 DIGITAL DBA BRAND CAFFEINE (“Brand Caffeine” or “we”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms“). Your use of the Site constitutes your agreement to all such terms. By visiting the Site and/or engaging the services and/or purchasing the products of Brand Caffeine, you, the User, engage in our “Services” and agree to be bound by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or contributors of content.
Please read these terms carefully, and keep a copy of them for your reference. If you do not agree to all the Terms, then you may not access the Site or use any services offered by Brand Caffeine. Brand Caffeine reserves the right to update, change and/or replace any part of these Terms by posting updates and/or changes on the Site. Use of or access to the Site following the posting of any changes to these Terms constitutes acceptance of such changes.
ELECTRONIC COMMUNICATIONS. Visiting the Site or sending emails to Brand Caffeine 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.
The Site may include certain features or services that are available via your mobile phone (the “Mobile Services”). You may have the option to provide your mobile number in the registration process as part of your contact information. By using the Mobile Services of Brand Caffeine by providing your mobile number as a contact point, you agree that Brand Caffeine may communicate with you by short message service (“SMS”), multimedia messaging service (“MMS”), text message and/or any other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Brand Caffeine. You understand that your carrier’s normal messaging, data and other rates and fees will apply to these Mobile Services and other communications, and you should check with your carrier to find out what plans are available and how much they cost.
CHILDREN UNDER THIRTEEN. Brand Caffeine does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under the age of eighteen (18), you may use the Site only with permission of a parent or guardian.
LINKS TO THIRD-PARTY SITES AND/OR THIRD-PARTY SERVICES. The Site may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of Brand Caffeine and Brand Caffeine 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. Brand Caffeine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Brand Caffeine of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Brand Caffeine may share such information and data with any third party with whom Brand Caffeine has a contractual relationship to provide the requested product, service and/or functionality on behalf of the Site’s users and customers.
ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION. Brand Caffeine is not responsible if information on the Site is not accurate, complete and/or current. Any and all material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on the Site is at the user’s own risk.
MODIFICATIONS TO BRAND CAFFEINE’S SERVICES AND/OR PRICES. Prices for our services are subject to change without notice. Brand Caffeine reserves the right at any time to modify and/or discontinue the services it offers (or any part or content thereof) without notice at any time. Brand Caffeine shall not be liable to any users of the Site for any modification, price change, suspension and/or discontinuance of the services it offers.
BRAND CAFFEINE’S SERVICES. Brand Caffeine reserves the right to limit the rendering of its services to any person, geographic region and/or jurisdiction. Brand Caffeine may exercise this right on a case-by-case basis. All descriptions of services or services pricing on the Site is subject to change at any time without notice at the sole discretion of Brand Caffeine. Brand Caffeine does not warrant that the quality of its services and/or information obtained by a user of the Site will meet the user’s expectations or that any errors in the services offered by Brand Caffeine will be corrected.
USER CONTENT. In accessing the Site, you may provide and/or post content (“User Content”) and/or share it with other users. Subject to any licenses and rights expressly granted herein, any User Content posted by you, is owned by you.
You are solely responsible for any User Content you post, publish, display or transmit to others. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms.
By uploading User Content, you grant to Brand Caffeine, and represent and warrant that you have all rights and authority necessary to grant, a royalty-free, perpetual, irrevocable, and unrestricted right and worldwide license (i) to use, reproduce, display, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such User Content, and/or to incorporate it in other works in any form, media, or technology. You also agree that Brand Caffeine is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. Do not send Brand Caffeine any ideas, suggestions and/or any other content that you wish to keep confidential or for which you expect to receive compensation.
ACCURACY OF BILLING INFORMATION. Any and all users of the Site agree to provide current, complete and accurate payment information. Any and all users of the Site agree to promptly update their payment information, including, but not limited to, their email address and/or credit card numbers (if applicable) and expiration dates so Brand Caffeine may complete transactions and contact users as needed.
PAYMENT & BILLING TERMS. All prices are quoted in the denomination stated. To make a purchase, you must provide a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Brand Caffeine with your credit card number and associated payment information, you hereby authorize Brand Caffeine to immediately charge your credit card for all fees and charges due and payable to Brand Caffeine hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify Brand Caffeine of any change in your billing address or the credit card used for payment hereunder. Brand Caffeine reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Site or by e-mail delivery to you.
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 Brand Caffeine 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. Brand Caffeine 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 Brand Caffeine 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 Brand Caffeine or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS. The Site is controlled, operated and administered by Brand Caffeine from our offices within the USA. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Brand Caffeine content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless Brand Caffeine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s 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. Brand Caffeine 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 Brand Caffeine in asserting any available defenses.
CLASS ACTION WAIVER. Any arbitration and/or legal proceeding under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. The parties agree that a party may bring claims against the other only in each’s individual capacity, and not as a plaintiff or class member in any putative class, collective and/or representative proceeding, such as in the form of a private attorney general action against the other. Further, unless both you and Brand Caffeine agree otherwise, the arbitrator and/or judge may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER. The information and services included in or available through the Site may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Brand Caffeine may make improvements and/or changes in the site at any time.
Brand Caffeine makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information and/or services for any purpose. To the maximum extent permitted by applicable law, all such information, products and services are provided “as is” without warranty or condition of any kind. Brand Caffeine hereby disclaims all warranties and conditions with regard to this information and services, 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 Brand Caffeine 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 and services 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 Brand Caffeine 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, your sole and exclusive remedy is to discontinue using the Site. Brand Caffeine’s total liability in connection with these Terms shall be limited to the amount of actual fees paid by a user to Brand Caffeine in the before any such claim arose.
TERMINATION/ACCESS RESTRICTION. Brand Caffeine 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.
GOVERNING LAW & VENUE. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in the State of New York 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.
MISCELLANEOUS PROVISIONS. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Brand Caffeine as a result of these Terms or use of the Site. Brand Caffeine’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Brand Caffeine’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 Brand Caffeine 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 Brand Caffeine with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Brand Caffeine 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 and 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. Brand Caffeine reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. Brand Caffeine encourages you to periodically review the Terms to stay informed of our updates.
Effective as of [January 1, 2021].