Terms & Conditions for Tulip Coffee

Terms of Service

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Tulip Coffee ("Tulip Coffee," "Company," "we," or "us" ) provides its services (as defined below) to you through its website located at https://tulipcoffee.org (the "Site"), its mobile applications, and other interactive properties owned and operated by Tulip Coffee (collectively, the "Site"). These Terms of Service ("Terms") govern your access to and use of the Site and the services provided therein, whether as a guest or a registered user.

By accessing the Site or using our services, you agree to be bound by these Terms, along with our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms or our Privacy Policy, you must immediately cease all access and use of the Site and services.

1. Description of Services

Tulip Coffee provides an online platform designed to support creative professionals. The Site enables users to access and purchase courses, upload and share photographs, images, and videos, exchange comments, opinions, and ideas, promote their work, and participate in contests and promotions. These offerings, together with any new features, applications, or materials provided through the Site, are collectively referred to as the "Services."

The Services include any content, tools, or materials Tulip Coffee makes available to users or performs on their behalf.

2. Acceptance of Terms

These Terms constitute a binding agreement between you and Tulip Coffee. Please review these Terms carefully before using our Services. If you access the Services on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Your continued use of the Services indicates your acceptance of these Terms and our Privacy Policy.

3. Changes to Terms

Tulip Coffee reserves the right to update or revise these Terms at its sole discretion. Any material changes will be posted on this page with the effective date noted at the top and may also be communicated through other reasonable means, including notifications via email or the Site interface. Changes addressing new functionalities or legal obligations will become effective immediately upon posting.

Your continued use of the Services following the posting of updated Terms constitutes your acceptance of the modifications. It is your responsibility to periodically review these Terms to remain informed of any updates.

4. Access to the Services

Tulip Coffee may, at its sole discretion, modify, suspend, or discontinue the Services or any part thereof without notice or liability. From time to time, access to certain parts of the Services, or the entire Site, may be restricted to specific users, including registered users.

Tulip Coffee reserves the right to disable user accounts, usernames, or other identifiers, whether self-selected or assigned, at its sole discretion for any reason, including but not limited to violations of these Terms.

You acknowledge that the Services may not be available in all countries, languages, or regions, and it is your responsibility to ensure that your use complies with local laws. The Services are intended for users aged 16 years or older. If you are under the legal age for consent in your jurisdiction, a parent or guardian must manage your access. Any accounts created in violation of this requirement will be terminated.

5. Registration and Account Security

To access certain features of the Services, you may be required to register an account and provide accurate, complete, and up-to-date information. By registering, you agree to:

Provide truthful and current information, and promptly update it as necessary.
Maintain the confidentiality of your account credentials, including your username and password.

You are solely responsible for all activities conducted through your account. You must notify Tulip Coffee immediately of any unauthorized access or security breaches. Use caution when accessing your account from public or shared devices to prevent unauthorized viewing or use of your account credentials.

Tulip Coffee is not liable for any damages resulting from your failure to maintain the confidentiality of your account credentials.

6. User Conduct

6.1. Permitted Use

The Services are provided solely for your personal, non-commercial use unless explicitly authorized in writing by Tulip Coffee. You may not use the Services to store or rely upon as your primary repository for content such as photographs, videos, or other materials. You are responsible for retaining backups of all content you upload.

6.2. Prohibited Activities

You agree not to use the Services for any unlawful purposes or any purpose prohibited by these Terms. Examples of prohibited conduct include, but are not limited to:

1. Violation of Laws

In a way that breaches any applicable local, state, national, or international law or regulation.

2. Harmful or Abusive Conduct

To abuse, harm, harass, threaten, impersonate, or intimidate any individual.
To engage in any activity that is unlawful, defamatory, obscene, indecent, abusive, offensive, violent, hateful, inflammatory, or otherwise objectionable.

3. Inappropriate Content

To send, post, upload, or share any material that:
- Promotes violence, discrimination, or sexually explicit content.
- Infringes on intellectual property rights, including patents, trademarks, copyrights, or trade secrets.
- Violates the privacy or legal rights of others.
- Is likely to deceive, annoy, embarrass, or alarm others.
- Advocates or assists in unlawful acts or activities.

4. Impersonation and Misrepresentation

To impersonate Tulip Coffee, an Tulip Coffee employee, another user, or any other person or entity.
To misrepresent your identity, affiliations, or authority.

5. Unauthorized Commercial Use

To conduct commercial activities such as contests, advertising, or sales promotions without prior authorization.
To artificially manipulate likes, comments, or any other user engagement metrics.

6. Unsolicited Communications

To transmit or procure the sending of unsolicited promotional materials, including spam or chain letters.
To harvest or collect contact information for the purpose of sending unsolicited communications.

7. Interference with Services

To bypass security measures or attempt unauthorized access to the Services.
To introduce malicious software such as viruses, trojans, worms, or any other harmful code.
To disrupt or overload the Services, including through denial-of-service attacks.

8. Automated or Unauthorized Tools

To use robots, spiders, or similar automated tools to monitor or copy the Services’ content without prior consent.
To manually copy materials for unauthorized purposes.

9. Harm to Infrastructure

To interfere with or damage the functionality of the Services or associated systems.
To access materials or information not intentionally made available through the Services.

10. Other Harmful Conduct

To engage in any behavior that restricts or inhibits others’ use of the Services.
To expose Tulip Coffee or its users to liability or harm through misuse of the Services.

Tulip Coffee reserves the right to remove any content that violates these Terms of Use or is deemed objectionable. If you suspect a breach of these Terms, please contact us promptly.

6. Disputes Between Users

You acknowledge and agree that you are solely responsible for your interactions with other users in connection with the Service. White Streak is not liable or responsible for any such interactions. While Tulip Coffee reserves the right to intervene in disputes between you and other users of the Service, it is under no obligation to do so.

7. Intellectual Proprety Rights

7.1. Tulip Coffee's Intellectual Property Rights

The Services, including their content, features, and functionality (such as all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof), are owned by Tulip Coffee, its licensors, or other providers of such material. They are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Services solely for your personal, non-commercial purposes. When accessing the Services or purchasing a course, Tulip Coffee grants you a limited, non-exclusive, non-transferable license to access Tulip Coffee content and view courses through the Services on a streaming-only basis.

Except for this limited license, no rights, titles, or interests in the Services or their content are transferred to you. All rights not expressly granted are reserved by Tulip Coffee. White Streak may revoke your license at any time at its sole discretion. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without prior written permission from Tulip Coffee. The Tulip Coffee name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Tulip Coffee or its affiliates or licensors. You may not use such marks without prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners. Additionally, you may not remove or alter any copyright, trademark, or proprietary rights notices from materials on the Services. Any unauthorized use of the Services violates these Terms of Use and may breach copyright, trademark, and other laws.

7.2. User Content and Contributions

You retain ownership of all content or materials you upload through the Services or share with others (collectively, “User Contributions”). Tulip Coffee does not claim ownership of your User Contributions. However, by uploading or sharing User Contributions, you grant Tulip Coffee, its affiliates, and service providers (and their respective licensees, successors, and assigns) a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, reproduce, upload, store, distribute, modify, adapt, publicly perform, publicly display, publish, and otherwise use and exploit your User Contributions in any and all media, formats, technologies, or distribution methods now known or later developed, for any purpose, including commercial use. Tulip Coffee will credit you appropriately when using your User Contributions.

Additionally, by submitting User Contributions, you grant other Tulip Coffee users the right to share your content via social media platforms integrated with the Services (e.g., Instagram, Pinterest, Facebook, or Twitter). You may terminate this license by removing your User Contributions from the Services. If you delete content, Tulip Coffee will use reasonable efforts to remove it but acknowledges that cached or referenced content may persist temporarily. You understand that third parties may unlawfully copy your User Contributions despite reasonable efforts to prevent such activity, and you agree that Tulip Coffee is not liable for any unauthorized use.

You further acknowledge that questions, comments, suggestions, ideas, feedback, or other information relevant to the Services (“Submissions”) provided to Tulip Coffee and its affiliates are non-confidential. Tulip Coffee and its affiliates may use, disclose, and disseminate such Submissions for any purpose without acknowledgment or compensation.

By submitting User Contributions, you represent and warrant that: (i) you own or control all rights, titles, and interests in the content and can grant the rights outlined above, and (ii) your User Contributions and Submissions comply with these Terms of Use. You are solely responsible for the legality, reliability, accuracy, and appropriateness of your User Contributions and Submissions. Tulip Coffee is not liable for any content errors or omissions or for any damages arising from the use of your content.

Tulip Coffee reserves the right, but is not obligated, to pre-screen, monitor, or remove User Contributions that violate these Terms of Use or are otherwise objectionable. You acknowledge that Tulip Coffee is not required to retain User Contributions for any specific period beyond legal obligations.

7.3 Copyright Complaints and Counter Notices

Tulip Coffee respects intellectual property rights and expects users to do the same. In compliance with the Digital Millennium Copyright Act (DMCA), Tulip Coffee has adopted the following policy for addressing copyright infringement claims:

If you believe content on the Services infringes your copyright, submit a notice to Tulip Coffee's Copyright Agent atlegal@tulipcoffee.org. Your notice must include:

Identification of the copyrighted work(s) claimed to have been infringed.
Identification of the infringing material and information sufficient to locate it (e.g., URL).
Your contact information (address, phone number, email).
A statement asserting a good faith belief that the use is unauthorized.
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf.

Before filing a DMCA notice, consider whether the material may be protected under “fair use” or whether you have authorized its use. Tulip Coffee will respond to valid DMCA notices promptly. If content is removed under a DMCA notice, Tulip Coffee will notify the responsible user, who may submit a counter-notice if they believe the removal was a mistake. Counter-notices must include:

A description of the material removed, along with the user’s username and the location where it appeared.
Contact information.
A statement under penalty of perjury asserting a good faith belief that the removal was a mistake.
Consent to the jurisdiction of the Southern District of New York and acceptance of service from the party filing the original DMCA notice.

If a valid counter-notice is received, Tulip Coffee will forward it to the notifying party, who will have ten (10) days to initiate legal action. If no such notice is received, Tulip Coffee may restore the content. Repeated copyright violations may result in account termination at Tulip Coffee's discretion.

8. Monitoring, enfrocement, and Termination

8.1. Monitoring and Enforcement

Tulip Coffee reserves the right to:

Remove any User Contributions or Submissions for any reason or no reason, at its sole discretion.
Take any action deemed necessary or appropriate concerning any User Contribution, including if Tulip Coffee believes it violates these Terms of Use, infringes intellectual property or other rights, threatens personal safety, or creates potential liability for Tulip Coffee.
Disclose your identity or other relevant information to any third party who claims that material posted by you infringes their rights, such as intellectual property rights or privacy rights.
Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services.
Terminate or suspend your access to the Services, in whole or in part, for any reason or no reason. This includes, but is not limited to: i. Violations of these Terms of Use. ii. Failure to pay any fees owed. iii. Submitting fraudulent chargeback requests. iv. Suspected engagement in fraudulent or illegal activities. v. Any other reason deemed reasonable at White Streak's sole discretion.

8.2. Acknowledgement

You acknowledge and agree that:

Any termination of your access to the Services under these Terms of Use may occur without prior notice.
Tulip Coffee may immediately deactivate or delete your account, including all related information and files, and restrict further access to such files or the Services.
Tulip Coffee shall not be liable to you or any third party for terminating your access to the Services.

8.3. Cooperation With Law Enforcement

Tulip Coffee reserves the right to fully cooperate with law enforcement authorities or comply with court orders requiring disclosure of the identity or other information of anyone posting materials on or through the Services.

YOU HEREBY WAIVE AND HOLD HARMLESS Tulip Coffee, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS ARISING FROM ACTIONS TAKEN DURING OR AS A RESULT OF SUCH INVESTIGATIONS AND FROM ANY ACTIONS TAKEN IN RESPONSE TO INVESTIGATIONS BY THESE PARTIES OR LAW ENFORCEMENT AUTHORITIES.

8.4. Content Review Disclaimer

Tulip Coffee does not commit to reviewing material before it is posted on the Services and cannot ensure prompt removal of objectionable content after posting. Consequently, Tulip Coffee assumes no liability for actions or inactions regarding transmissions, communications, or content provided by users or third parties. Tulip Coffee is not liable for the performance or nonperformance of the activities outlined in this section.

9. Information Uploaded And Posted

The information provided on or through the Services is made available solely for general informational purposes. Tulip Coffee does not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Tulip Coffee disclaims all liability and responsibility arising from any reliance placed on these materials by you, other visitors to the Services, or anyone informed of its contents.

The Services may include content provided by third parties, such as materials from other users, bloggers, third-party licensors, syndicators, aggregators, or reporting services. Tulip Coffee does not review, and cannot review, all material posted to the Services. Statements and opinions expressed in such materials, and all articles, responses to questions, or other content, other than content provided directly by Tulip Coffee, are solely the responsibility of the individual or entity providing those materials. These materials do not necessarily reflect the views or opinions of Tulip Coffee.

Tulip Coffee is not responsible for, and assumes no liability regarding, the content or accuracy of any materials provided by third parties.

10. Linked Services And Third-Party Content

You may link to our homepage, provided that you do so in a manner that is fair, legal, and does not harm our reputation or take advantage of it. However, you must not establish a link that suggests any form of association, approval, or endorsement by us without our express written consent.

The Services may include certain social media features that allow you to:

Link from your own or certain third-party websites to specific content on the Site.
Send emails or other communications containing specific content or links to specific content on the Site.
Display or cause limited portions of content from the Site to appear on your own or certain third-party websites.

You may use these features only as provided by us and solely with respect to the content they are displayed with. Subject to these terms, you must not:

Establish a link from any website not owned by you.
Display or cause portions of the Site to be displayed on another site through framing, deep linking, or in-line linking.
Link to any part of the Site other than the homepage.
Take any action regarding materials on the Site that is inconsistent with these Terms of Use.

Please note that the policies of third-party social media services govern how they use, store, and disclose your information. White Streak is not responsible for the privacy practices or actions of any third-party sites or services integrated with the Services. Furthermore, Tulip Coffee is not liable for the accuracy, availability, or reliability of any content, goods, data, opinions, advice, or statements made available through such social media services. Any use of or reliance on such services is at your own risk. Tulip Coffee provides these features solely for your convenience, and their inclusion does not imply endorsement or recommendation.

You agree to cooperate with us immediately to stop any unauthorized framing or linking. We reserve the right to withdraw linking permissions without notice and may disable any social media features or links at any time, at our sole discretion.

11. Services Links

If we or third parties provide links to external websites or resources, these links are offered for your convenience only. This may include links found in advertisements, such as banner ads and sponsored links. We do not control the content of these external sites and are not responsible for any loss or damage resulting from your use of them. By accessing third-party websites through links provided in the Services, you do so at your own risk and are bound by the terms and conditions of those websites. Tulip Coffee reserves the right to remove any third-party links available through the Services.

12. Geographic Restrictions

You represent and warrant that you (whether as an individual or a representative of an entity using the Services) are not located in, nor a resident of, any country subject to U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Sudan, Syria, or the Crimea region of Ukraine). Additionally, you confirm that you are not listed on any U.S. government specially designated national or denied-party list. If you become subject to any such restrictions, you agree to notify us within 24 hours. In such cases, we reserve the right to immediately terminate any further obligations to you, with no liability on our part.

13. Service Fees

Tulip Coffee offers online courses and other services (such as subscription plans) for a fee. By purchasing content, you agree to pay the applicable fees and authorize Tulip Coffee to charge your selected payment method. Fees will be charged regardless of whether you use the purchased services. You are responsible for timely payment of all fees and any applicable taxes. If we do not receive adequate payment, we reserve the right to disable or remove access to the relevant content.

Fees may vary based on your location and other factors. If you're logged into your account, the displayed currency reflects the one used when you created your account. However, all charges will be calculated in U.S. dollars, and the final amount may vary depending on currency exchange rates from our payment providers.

We occasionally offer promotions and sales where content is available at discounted prices for a limited time. The price applicable to your purchase will be the one in effect at the time of transaction.

You agree to provide accurate, current, and complete payment information and warrant that you are authorized to use the payment method. You also agree to promptly update your payment information to maintain its accuracy. Tulip Coffee may update your payment method using details provided by our payment service providers and charge the updated method for future fees.

Tulip Coffee reserves the right to change fees or introduce charges for previously free services at its discretion. Any changes will take effect immediately upon posting in the relevant Services, but will not apply to fees paid prior to the change. Please note that due to mobile platform pricing systems and policies, the price of content on the Tulip Coffee website may differ from that offered in our mobile applications.

14. Refund Policy

Our refund policy varies for one-time payments for courses and subscription plans. However, the following guidelines apply to both:

Refunds are not available for accounts that violate these Terms of Use or are deemed objectionable by Tulip Coffee, at its sole discretion.
If Tulip Coffee determines that you are abusing our refund policy, we reserve the right to suspend or terminate your account and refuse or restrict any current or future use of the Service without issuing a refund.
To request a refund, please contact us.
Refunds will be issued to your original payment method.
We are unable to offer partial refunds for purchases.

If, within 14 days of purchasing a course, you are dissatisfied with the digital product, Tulip Coffee will issue a full refund and terminate your access to the product. Refund requests made after the 14-day period will not be accepted. Due to currency exchange fluctuations between your local currency and U.S. dollars, the refunded amount may differ slightly from your original payment.

If you purchase a course or service through a mobile or third-party marketplace (e.g., Apple App Store, Google Play), the refund policy of the third-party marketplace will apply, unless explicitly stated otherwise by Tulip Coffee. In such cases, Tulip Coffee will have no refund obligations, and the third-party marketplace will handle any refund requests according to its policy. Tulip Coffee is not responsible for the refund policies of third-party marketplaces or their compliance with such policies.

15. Subscription Terms

This section outlines the additional terms that apply to your use of any subscription plan offered by Tulip Coffee. By subscribing to a plan, you agree to these terms.

Subscription Plan:

When you subscribe to a plan, you are granted a limited, non-exclusive, non-transferable license to access and view the content included in the plan via the Services. Your subscription determines the scope, features, duration, and price of your access. You may not transfer, assign, or share your subscription with others. The subscription will be valid for the agreed term and will automatically renew according to your settings (e.g., monthly or annually), unless you cancel before the end of your current subscription period.

Fees and Payments:

The subscription fee will be displayed at the time of purchase. You agree to pay the fee using the payment methods provided by White Streak. If your subscription includes an automatic renewal feature, you authorize Tulip Coffee to maintain your account information and automatically charge the renewal fee without additional action required from you. If Tulip Coffee is unable to process the payment, your access to the service will be suspended until payment is received. Tulip Coffee may adjust subscription prices and will notify you of any changes. Price adjustments will take effect at the beginning of the next subscription period, and by continuing to use the Services after the change, you accept the new price. If you do not agree with the price change, you can cancel your subscription before it takes effect.

Refunds and Cancellations:

If you are dissatisfied with your digital product within 14 days of purchase, Tulip Coffee will refund the full amount and terminate your subscription, removing access to any associated content and benefits. After this 14-day period, no refunds will be offered, though you may cancel your subscription at any time. Upon cancellation, you will retain access to the services until the end of the current subscription period, but no refunds will be issued for any previously paid subscription fees.

16. Disclaimer of Warranties

You acknowledge and agree that we cannot and do not guarantee that files available for download from the Internet or through the Services will be free of viruses or other harmful code. You are solely responsible for implementing appropriate procedures and safeguards to meet your specific requirements for anti-virus protection and the accuracy of data input and output, as well as for maintaining an external backup of any data that may be lost.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL ARISING FROM YOUR USE OF THE SITE OR ANY SERVICES, ITEMS, OR MATERIALS OBTAINED THROUGH THE SERVICES, INCLUDING THE DOWNLOADING OF ANY MATERIALS FROM THE SITE OR ANY LINKED WEBSITE.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL White Streak, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH LINKED WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH LINKED WEBSITES. THIS INCLUDES, BUT IS NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND DAMAGES ARISING FROM TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT SHALL Tulip Coffee'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO Tulip Coffee IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

18. Indemnification

You agree to defend, indemnify, and hold harmless Tulip Coffee, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or in connection with your violation of these Terms of Use or your use of the Service. This includes, but is not limited to, your User Contributions, any unauthorized use of the Service’s content, services, or products, or your use of any information obtained from the Service.

19. Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, including any dispute or claim arising therefrom or related thereto (whether contractual or non-contractual), shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

Subject to Section 19, any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services shall be exclusively instituted in the Southern District of New York or the courts of the State of New York, located in the County of New York. Notwithstanding the foregoing, Tulip Coffee retains the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant jurisdiction.

You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

20. Dispute Resolution

20.1. General Resolution

In the interest of resolving disputes between you and Tulip Coffee in an efficient and cost-effective manner, both you and Tulip Coffee agree that any dispute arising from or related to these Terms of Use, your use of the Site or Services, or any purchase, receipt, order, or use of any course will be resolved through binding arbitration. Arbitration is less formal than a lawsuit and utilizes a neutral arbitrator instead of a judge or jury, with the authority to award the same types of damages and relief as a court. You understand and agree that by entering into these Terms, you are waiving your right to a trial by jury or participation in a class action.

20.2. Exceptions

Notwithstanding the provisions of the "General" section above, nothing in these Terms of Use waives, precludes, or limits either party’s right to: (a) pursue an enforcement action through applicable federal, state, or local agencies if available; (b) seek injunctive relief in a court of law; or (c) file suit in a court of law to address intellectual property infringement.

20.3. Arbitrator and Arbitration Rules

Any arbitration between you and Tulip Coffee will be governed by the Federal Arbitration Act, and conducted under the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use. The arbitration will be administered by the AAA, with the AAA Rules and filing forms available at www.adr.org or by contacting AAA at 1-800-778-7879. The arbitrator has exclusive authority to resolve any disputes regarding the interpretation, applicability, or enforceability of this binding arbitration agreement.

20.4. Notice of Arbitration; Process; and Rules

A party intending to seek arbitration must first send a written notice of dispute to the other party via U.S. mail or electronic mail (“Notice”). The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) specify the relief sought (“Demand”). The parties will attempt to resolve the claim through good faith negotiation. If no resolution is reached within 30 days after receipt of the Notice, either party may initiate arbitration. During the arbitration, settlement offers made by either party must not be disclosed to the arbitrator until after a final decision and award have been issued.

20.5. Fees, Location, and Governing Law for Arbitration

If you initiate arbitration in accordance with these Terms of Use, Tulip Coffee will reimburse you for the filing fee, unless your claim exceeds $15,000 or as otherwise specified by the AAA Rules. Any arbitration hearing will occur at a mutually agreed location in New York, New York. If the arbitrator determines that the substance of your claim or the relief sought is frivolous or filed for improper purposes (as determined by Federal Rule of Civil Procedure 11(b)), you agree to reimburse Tulip Coffee for any fees previously paid on your behalf as per the AAA Rules. Regardless of the manner of arbitration, the arbitrator must issue a written decision explaining the essential findings and conclusions. The arbitrator may resolve disputes over fees and expenses at any time during the proceedings.

20.6. No Class Actions; Individual Relief Only; Judicial Forum for Disputes

YOU AND Tulip Coffee AGREE THAT CLAIMS MAY ONLY BE BROUGHT INDIVIDUALLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims from multiple parties and may not preside over any form of class action unless both parties agree otherwise.

20.7. Modification of Arbitration Clause with Notice

If Tulip Coffee amends this arbitration provision (except for changes to Tulip Coffee's notice address), you may reject the change by sending written notice to Tulip Coffee within 30 days of the change. In that case, this arbitration provision, as it existed before the rejected change, will continue to govern disputes between you and Tulip Coffee.

20.8. Enforceability and Severability of Arbitration Clause

If the section titled "No Class Actions" is found unenforceable, or if the entire arbitration provision is deemed unenforceable, then the entire provision will be null and void. In that case, both parties agree that any action arising from or related to these Terms of Use, or your use of the Site, Services, or purchase of any course, will be governed by the exclusive jurisdiction and venue provisions described below.

21. Limitation on Time to File Claims

Any cause of action or claim arising out of or relating to these Terms of Use or the Service must be initiated within one (1) year from the date the cause of action accrues. If not commenced within this period, the cause of action or claim shall be permanently barred.

21. Waiver and Severability

No waiver by Tulip Coffee of any term or condition of these Terms of Use shall be deemed a continuing or further waiver of such term or condition, nor a waiver of any other term or condition. Any failure by Tulip Coffee to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed or modified to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

22. No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement. You may not assign or transfer these Terms of Use without the prior written consent of Tulip Coffee. However, Tulip Coffee may assign or transfer these Terms of Use, in whole or in part, without restriction.

23. Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and Tulip Coffee with respect to the Services, superseding all prior and contemporaneous agreements, understandings, representations, and warranties, whether written or oral, regarding the Services.

24. Language

Any version of these Terms of Use provided in a language other than English is for convenience only. You agree that in the event of a conflict, the English language version shall govern.

25. Comments and Concerns

For any feedback, comments, technical support requests, or communications related to the Services, please contact us through our contact page or email us at support@tulipcoffee.org

26. SMS Terms and Conditions

By consenting to Tulip Coffee's SMS marketing during the checkout process or by subscribing through our subscription tools, you agree to receive recurring text notifications related to your order (including abandoned checkout reminders), text marketing offers, and transactional messages, including requests for reviews. This consent applies even if your mobile number is registered on any state or federal do-not-call list. Message frequency may vary, and consent is not a condition of purchase.

To unsubscribe from receiving text marketing messages and notifications, reply with "STOP" to any mobile message from us or use the unsubscribe link provided in our messages. Alternative methods of opting out, including using other words or requests, will not be considered valid. While we do not charge for the service, you are responsible for any charges or fees imposed by your wireless provider, including message and data rates.

For assistance, reply with "HELP" to the number from which you received messages. You can also contact us at support@tulipcoffee.org for more information.

We reserve the right to modify any phone number or short code used to operate this service at any time. You will be notified of such changes. Any messages sent to a changed number or short code, including "STOP" or "HELP" requests, may not be received, and we will not be liable for failing to honor such requests.

To the extent permitted by applicable law, we will not be liable for failed, delayed, or misdirected message delivery, any errors in the information provided, or any action you take or refrain from taking based on the information or service.

Your privacy is important to us. Please refer to our Privacy Policy to learn how we collect and use your personal information.

27. Conclusion

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including any updates or amendments. If you do not agree to these Terms, you must discontinue your use of the Services immediately. Tulip Coffee reserves the right to modify or update these Terms of Use at any time, and such modifications will become effective upon posting. It is your responsibility to review these Terms regularly. Your continued use of the Services after any modifications or updates to these Terms will constitute your acceptance of such changes. If you have any questions regarding these Terms of Use, please contact us at helpEmail.