Terms and Conditions

Last Updated: March 6, 2025

1. INTRODUCTION

Welcome to Respect the Beans ("RTB", "we", "our" or "us"). These Terms and Conditions ("Terms") govern your access to and use of the Respect the Beans website and services (collectively, the "Platform"). Please read these Terms carefully before using our Platform. By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree to these Terms, please do not access or use our Platform.

2. SERVICES

2.1. Services Available to All Users

Respect the Beans provides the following services to all users, regardless of whether they have created an account:

2.2. Services Available to Registered Users

Users who create an account have access to all the services above, plus the following additional capabilities:

All services are provided free of charge to all users.

3. USER ACCOUNTS

3.1. Account Creation

While basic read access to our Platform is available without registration, you will need to create an account to access interactive features such as writing reviews, creating profiles, commenting, setting brewing preferences, and uploading images. When you create an account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2. Account Responsibilities

You are solely responsible for:

You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

4. USER CONTENT

4.1. Content Ownership

By submitting content to our Platform (including reviews, comments, images, and other materials), you grant RTB a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

You represent and warrant that:

4.2. Content Restrictions

You agree not to post content that:

4.3. Content Moderation

All user-generated content is subject to moderation through automated systems (OpenAI Omni-moderation) and, when necessary, human review. We reserve the right to remove or refuse to display content that violates these Terms or that we otherwise find objectionable, without prior notice.

5. INTELLECTUAL PROPERTY

5.1. RTB Intellectual Property

The RTB name, logo, and all related names, logos, product and service names, designs, and slogans are considered trademarks of RTB or its affiliates. You may not use these marks without our prior written permission.

5.2. Third-Party Intellectual Property

Our Platform may contain content owned by third parties. All such third-party content, and all intellectual property rights related to that content, belongs to the respective third parties.

6. USER CONDUCT

In addition to the content restrictions above, you agree not to:

7. ACCOUNT TERMINATION

7.1. Termination by RTB

We may terminate or suspend your account and access to our Platform immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

7.2. Termination by You

You may terminate your account at any time by contacting us through our contact page. Upon termination, your right to use our Platform will immediately cease.

7.3. Effect of Termination

Upon termination of your account, we may delete your profile and all the content associated with your account. However, we may retain some of your personal information in our records to comply with legal obligations, resolve disputes, and enforce our agreements.

8. DISCLAIMER OF WARRANTIES

OUR PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, REGARDING THE OPERATION OR AVAILABILITY OF OUR PLATFORM.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND OPERATION OF THE PLATFORM FREE OF ERRORS OR HARMFUL COMPONENTS.

9. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RTB BE LIABLE FOR ANY 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 OUR PLATFORM.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR PLATFORM.

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT RTB SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless RTB, its officers, directors, employees, agents, and third parties from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

11. DISPUTE RESOLUTION

11.1. Informal Resolution

Before filing a claim against RTB, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email.

11.2. Arbitration

If we are unable to resolve a dispute through informal means, any dispute arising out of or relating to these Terms or your use of our Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3. Exceptions

The arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, nor does it prevent you from seeking injunctive relief in a court of law for matters related to intellectual property infringement.

11.4. Governing Law

These Terms and any disputes relating to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the state where RTB has its principal place of business, without regard to its conflict of law principles.

12. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. We will provide notice of any significant changes by updating the "Last Updated" date at the top of these Terms. Your continued use of our Platform following the posting of changes constitutes your acceptance of such changes.

13. GENERAL PROVISIONS

13.1. Entire Agreement

These Terms constitute the entire agreement between you and RTB regarding your use of our Platform and supersede all prior and contemporaneous written or oral agreements.

13.2. Waiver

The failure of RTB to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.3. 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.

13.4. Assignment

You may not assign or transfer these Terms without the prior written consent of RTB. RTB may assign or transfer these Terms without your consent.

13.5. Force Majeure

RTB shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond RTB's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

14. CONTACT US

If you have any questions about these Terms, please contact us at https://www.respectbeans.com/contact.