Terms and Conditions

1. Acceptance of Terms

Welcome to The Daily Grind! By accessing or using our cafe, website (thedailygrindseattle.com), mobile applications, or any other services provided by The Daily Grind ("Services"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, please do not use our Services. These Terms constitute a legally binding agreement between you and The Daily Grind, located at 212 Bell Street, Seattle, WA 98121.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the updated Terms on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically for updates. Please pay close attention to Section 12, which governs dispute resolution and arbitration.

2. Use of Services

Our Services include, but are not limited to, providing coffee, pastries, and other food and beverage items for purchase, offering a comfortable and inviting atmosphere for customers, operating a website and mobile application for online ordering and reservations, and providing customer support. You agree to use our Services only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Services.

Specifically, you agree not to:

• Use our Services to transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the operation of our Services or servers or networks connected to our Services.
• Violate any applicable laws or regulations.
• Attempt to gain unauthorized access to any portion of our Services, computer systems, or networks.
• Use any robot, spider, scraper, or other automated means to access our Services for any purpose without our express written permission.
• Engage in any activity that could damage, disable, overburden, or impair our Services.

The Daily Grind reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to the interests of The Daily Grind.

3. Ordering and Payment

When you place an order through our website or mobile application, you agree to provide accurate and complete information, including your name, email address, phone number, and payment information. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your account or password.

We accept various forms of payment, including credit cards, debit cards, and mobile payment options. By providing your payment information, you represent and warrant that you are authorized to use the payment method and that the information you provide is accurate and complete. We reserve the right to verify your payment information and to refuse or cancel any order if we suspect fraud or unauthorized activity.

Prices for our products and services are subject to change without notice. We are not responsible for typographical errors or inaccuracies in pricing or product descriptions. In the event of an error, we reserve the right to correct the error and to cancel any orders placed at the incorrect price.

4. Intellectual Property

All content included on our Services, such as text, graphics, logos, images, audio clips, video clips, data compilations, and software, is the property of The Daily Grind or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, modify, distribute, or display any of our content without our prior written permission.

The Daily Grind logo and all related marks are trademarks of The Daily Grind. You may not use our trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any manner that disparages or discredits us.

We value the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Daily Grind Services, please notify our designated copyright agent, Eleanor Ainsworth, at [email protected] with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• Your contact information, including your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

5. Limitation of Liability

To the fullest extent permitted by applicable law, The Daily Grind shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with your use of our Services, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.

Specifically, The Daily Grind's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to The Daily Grind for the Services during the six (6) months prior to the event giving rise to the liability.

6. Disclaimer of Warranties

Our Services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services or the information, content, materials, or products included on our Services. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

The Daily Grind does not warrant that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful components. You expressly agree that your use of, or inability to use, the Service is at your sole risk.

7. Indemnification

You agree to indemnify, defend, and hold harmless The Daily Grind, its officers, directors, employees, agents, licensors, and suppliers from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from our Services.

8. Termination

We may terminate your access to our Services at any time, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.

10. Dispute Resolution

Any dispute arising out of or relating to these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Seattle, Washington. The arbitrator's decision shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. You agree that any claim or cause of action arising out of or related to these terms or the services must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary.

11. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.

12. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver by The Daily Grind of any default shall not constitute a waiver of any subsequent default.

13. Contact Information

If you have any questions about these Terms, please contact us at:

The Daily Grind

212 Bell Street, Seattle, WA 98121

Phone: (206) 555-2323

Email: [email protected]