TERMS OF SERVICE

1. Acceptance of Terms

By accessing or using WhoBrewCoffee.com (the "Website") and/or subscribing to WhoBrew, LLC's ("WhoBrew," "we," "us," or "our") marketing communications (email and SMS), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not access or use the Website or subscribe to our marketing communications.

2. Description of Service

WhoBrew provides email and SMS marketing communications to users who have provided express written consent via website form or SMS message. This consent is explicitly given by checking a box or submitting a form on our website, or by replying with a designated keyword to an SMS message. Consent applies specifically to receiving promotional materials, updates, and other relevant information about WhoBrew's products and services. Transactional messages regarding your account or orders will be sent regardless of your marketing preferences. Your consent is voluntary and may be withdrawn at any time via the opt-out methods described in Section 10. We reserve the right to modify or discontinue this service at any time.

3. User Conduct

You agree to use the Website and our marketing communications only for lawful purposes. You agree not to:

  • Spam or send unsolicited messages to WhoBrew.

  • Use the Website or services to violate any applicable laws or regulations.

  • Attempt to gain unauthorized access to the Website or any other systems.

  • Use the Website or services to distribute any unlawful, harmful, abusive, threatening, obscene, defamatory, harassing, or otherwise objectionable content.

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

  • Interfere with or disrupt the Website or services, or attempt to gain unauthorized access to any portion of the Website or services.

Violation of this section may result in immediate suspension or termination of your access to our marketing communications.

4. Intellectual Property

All content on the Website is the property of WhoBrew, LLC and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or otherwise use any content from the Website without our prior written consent.

5. Data Usage

WhoBrew collects and uses your personal information as detailed in our Privacy Policy. Briefly, we collect contact information (name, email, phone number) and purchase history to provide marketing communications and improve your experience. We may share anonymized aggregated data with 7 Brew Coffee for reporting purposes. We do not sell or share your personal data with third-party marketers. We take reasonable measures to protect your data, but cannot guarantee absolute security.

6. Disclaimer of Warranties

The Website and services are provided "as is" without warranty of any kind, either express or implied. WhoBrew disclaims all warranties, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. WhoBrew does not guarantee that the Website or services will be uninterrupted or error-free. WhoBrew is not liable for damages resulting from unauthorized third-party access, hacking attempts, data breaches, or other events beyond our reasonable control.

7. Limitation of Liability

To the fullest extent permitted by law, WhoBrew's liability for any damages arising from your use of the Website or services is limited to the amount you paid to WhoBrew (if any). WhoBrew shall not be liable for any indirect, incidental, special, consequential, or exemplary damages.

8. Termination

WhoBrew may terminate your access to our marketing communications at any time for any reason, including but not limited to a violation of these Terms. You may also terminate your subscription at any time by opting out.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

10. CTIA Messaging Compliance

WhoBrew complies with CTIA messaging principles:

  • We obtain explicit consent before sending any SMS or email marketing messages. This consent is obtained via [Specify Consent Method, e.g., checking a box during online registration, replying with a specific keyword to an SMS message]. This consent is specific to receiving promotional messages; transactional messages may be sent regardless of this setting.

  • We provide a clear opt-out method (reply "STOP" to SMS messages; click the unsubscribe link in emails). Opt-out requests are processed within 2 business days. Opting out will prevent you from receiving further promotional messages, but not essential service communications (e.g., order confirmations).

  • We adhere to frequency limits and restrictions on messaging volume.

  • We do not send messages to opted-out or invalid numbers.

  • We prohibit deceptive or unlawful content in our marketing communications.

11. Changes to Terms of Service

WhoBrew reserves the right to modify these Terms at any time. We will post any changes on this page and may notify you by email. Your continued use of the Website or subscription to our marketing communications after any changes constitutes your acceptance of the revised Terms.

12. Contact Information

For any questions or concerns regarding these Terms of Service, please contact:

WhoBrew, LLC R27 Central Avenue Cortland, NY 13045.

Effective Date:

Oct 9, 2024