1. ACCEPTANCE OF TERMS

Welcome to Mirus Coffee and our Terms of Use (these “Terms”). These Terms are important and affect your legal rights, so please read them carefully. Note that Section 19 of these Terms contains a mandatory arbitration provision that requires arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

By accessing or using our websites (collectively, the “Sites”) provided by Mirus Coffee, Inc. (collectively, “Mirus Coffee,” “we,” or “us”) that link to these Terms, you agree to be bound by these Terms and all terms incorporated herein by reference.

By accepting these Terms, you represent that you are 18 years of age or older and that, if you have accepted these Terms on behalf of any person or entity, you have the legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.

If you do not agree to every provision of these Terms, you may not access or use the Sites, or order, receive, or use coffee, merchandise, or products made available through the Sites (collectively, the “Products”).

By accessing or using the Sites, you represent and warrant that you have not been previously suspended or removed from the Sites or engaged in any activity that could result in suspension or removal from the Sites.

These Terms may be revised at any time for any reason, and Mirus Coffee may provide notice of these changes by any reasonable means, including by posting notice on the Sites. You can determine when we last updated the Sites by referring to the “Last Updated” legend at the top of these Terms. By continuing to access, browse, or use the Sites, or order, receive, or use the Products, you confirm your acceptance of the revised Terms and all the terms incorporated herein by reference. We strongly recommend that you periodically visit this page of the Sites to review these Terms. If you do not agree to the revised Terms, you may not access or use the Sites, or order, receive, or use Products made available through the Sites.

2. REGISTRATION

In order to access and use certain areas or features of the Sites, you will need to register for a Mirus Coffee account. Each registration is for a single user only.

By creating a Mirus Coffee account, you agree to (a) provide accurate, current, and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account. Any changes to your registration information may be made by sending such changes to this email address (retail@miruscoffee.com). If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Sites.

By creating a Mirus Coffee account, you also consent to receive electronic communications from Mirus Coffee (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

3. SUBSCRIPTIONS AND SUBSCRIPTION CANCELLATIONS

We offer products for purchase and coffee subscription plans.

Coffee Subscriptions.

You may select to purchase coffee on a subscription plan (each, a “Coffee Subscription”). WHEN YOU SIGN UP FOR A COFFEE SUBSCRIPTION, YOU ARE SIGNING UP FOR CONTINUOUS SHIPMENTS OF SUCH PRODUCTS ON THE DELIVERY FREQUENCY YOU SELECT ON THE ORDER PAGE UNTIL CANCELLED, AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) Mirus Coffee (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU AT INTERVALS CONSISTENT WITH YOUR SELECTED DELIVERY FREQUENCY FOR YOUR COFFEE SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR COFFEE SUBSCRIPTION CONTINUES, AND (B) YOUR COFFEE SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.

PRICING FOR COFFEE SUBSCRIPTIONS. WE RESERVE THE RIGHT TO ADJUST PRICES OF YOUR COFFEE SUBSCRIPTION AT ANY TIME; PROVIDED THAT IF WE CHANGE THE PRICE OF YOUR COFFEE SUBSCRIPTION, WE WILL PROVIDE ADVANCE NOTICE OF SUCH CHANGES BEFORE YOUR ORDER PROCESSES. WE WILL NOT, HOWEVER, BE ABLE TO NOTIFY YOU OF CHANGES IN ANY APPLICABLE TAXES. THE NEW PRICE WILL APPLY UNLESS YOU CANCEL YOUR COFFEE SUBSCRIPTION BEFORE YOUR ORDER IS PROCESSED IN ACCORDANCE WITH THE CANCELLATION POLICIES DESCRIBED IN THIS SECTION 3.

Cancellation Policy for Subscriptions. YOU MAY MODIFY OR CANCEL YOUR COFFEE SUBSCRIPTION VIA THE “YOUR SUBSCRIPTION” TAB IN “YOUR ACCOUNT” DASHBOARD, OR BY EMAIL AT HELLO@MIRUSCOFFEE.COM.

SUPPOSE YOU WISH TO CANCEL AN UPCOMING SUBSCRIPTION ORDER. IN THAT CASE, YOU MUST CANCEL YOUR SUBSCRIPTION ORDER AT LEAST 24 HOURS PRIOR TO THE DATE YOUR COFFEE SUBSCRIPTION ORDER IS SCHEDULED TO BE PLACED IF CANCELLED THROUGH YOUR ACCOUNT DASHBOARD, AND 72 HOURS PRIOR TO THE DATE YOUR ORDER IS SCHEDULED TO BE PLACED IF CANCELLED VIA EMAIL. WE ROAST THE COFFEE FOR YOUR ORDER ON THE DATE YOUR ORDER IS SCHEDULED TO BE PROCESSED, AND THEREFORE CANNOT CANCEL ORDERS ON THE DATE YOUR ORDER IS SCHEDULED TO BE PROCESSED.

YOUR ORDER CANNOT BE CHANGED OR CANCELLED ONCE YOUR ORDER IS PROCESSED, AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES FOR SUCH ORDER.

4. PAYMENT, PRICING, AND AVAILABILITY

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Order may be suspended or canceled. You must resolve any problem we encounter in order to proceed with your Order. You may update your payment information in your Account Dashboard.

You acknowledge that the amount billed may vary due to promotional offers, changes to your Coffee Subscription, or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.

All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, but we will send you notice of any changes to the price of your Coffee Subscription before the Order processes, and you may cancel your Coffee Subscription at any time before the Order processes in accordance with Section 3.

All Orders are subject to availability. We reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain coffees or products without prior notice. In the event that a particular coffee selection is unavailable, either as part of an individual order or as part of a Coffee Subscription, a substitute of similar style and of equal or greater value may be supplied in your shipment. Mirus Coffee shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, Mirus Coffee reserves the right to cancel affected Orders and refund the charge to you as your sole remedy.

5. TAXES

We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.

6. SHIPPING AND HANDLING

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add, or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes

7. DELIVERIES

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery.

8. RETURNS; REFUNDS, AND CANCELLATIONS

If you are dissatisfied with the coffee you received from us, please contact us at retail@miruscoffee.com, including your order number and which coffee(s) you would like to return and why if the return reasons align with our return policy we will gladly accept returns.

Cancellations:

Because we roast to order, the following rules apply: You may cancel pending orders by contacting us at hello@miruscoffee.com, or if you have a Coffee Subscription, via the “Your Subscriptions” tab in your “Account” dashboard.
All orders must be cancelled prior to the day your Order is scheduled to be placed as follows:

• If cancelling by email: cancellation requests must be received at least 72 hours in advance of the date the Order is scheduled to be placed.

• If cancelling through the “Your Subscriptions” section of the website’s “Account” dashboard: cancellation requests must be received at least 24 hours in advance of the day your Order is scheduled to be placed.

Mirus Coffee often roasts coffee for your Order on the day your Order is scheduled to be shipped, so Orders cannot be cancelled or changed on the day of shipping.

Returns and Refunds:

If you are unhappy with your Order, you may request a refund by contacting us at retail@miruscoffee.com. Refunds are processed solely at Mirus Coffee’s discretion.

To receive a refund, unused portions of coffees must be returned to Mirus Coffee at the customer’s expense. Shipping costs will not be refunded. Refunds will be honored up to 30 days after roast date, but not afterward.

If you are dissatisfied with any non-coffee product you purchased through the Sites, you may return the product within thirty (30) days of the date you received the product by contacting retail@miruscoffee.com and following the shipping instructions we supply (including covering the cost of return shipping); provided that all returned products must be unused and in their original packaging. After we receive your returned product, we will issue you a refund for the price you paid for the product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund.

9. LICENSE TO ACCESS AND USE THE SITES AND SITE CONTENT

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Mirus Coffee logo and all designs, text, graphics, pictures, information, data, software, User Content (as defined in Section 12), other files, and the selection and arrangement thereof (collectively, “Content”) are the property of Mirus Coffee or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.

Subject to the Terms of this Agreement, you are hereby granted a personal, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Sites and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Sites or Content under these Terms, or any other rights thereto other than to use the Site in accordance with the license granted, and subject to all terms, conditions, and restrictions of these Terms.

However, such license is subject to these Terms and does not include any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots, or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, (f) use the Sites to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity, (g) interfere with the Sites or servers or networks used in connection with the Sites, or (h) use the Sites or Content other than for their intended purposes.

Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Mirus Coffee or any third party, whether by estoppel, implication, or otherwise. This license is revocable at any time.

You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Content.

10. TRADEMARKS

The Mirus Coffee logo, and any other Mirus Coffee product or service names, trademarks, logos, or other indicia (“Marks”) that may appear on the Sites or products are the property of Mirus Coffee or its subsidiaries, affiliates, or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in the Sites shall be construed as granting, by implication or otherwise, any license or right to use any such Mark without the prior written permission of Mirus Coffee or such third party that may own such Mark. Your misuse of any such Mark, or any other Content, is strictly prohibited.

11. LEGAL REQUIREMENTS; PRIVACY POLICY

Where Mirus Coffee has a good faith belief that such action is necessary to comply with a judicial proceeding, court order, warrant, administrative order, civil investigative demand, subpoena, or other valid process, Mirus Coffee may disclose IP addresses, personal information, and any contents of the Site where it is legally compelled to do so.

Please see our Privacy Policy for additional information relating to the privacy and security of information collected through the Sites.

12. USER CONTENT

You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Site. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation republication) or misuse by any third party of information made public through the Site. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY PERSONAL INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY THEREFOR.

You agree that you will not, and will not permit anyone else to, directly or indirectly:

Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically, or otherwise objectionable; Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; Forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Site. Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

1. RIGHTS IN USER CONTENT By uploading, posting, or submitting User Content to the Sites or to our pages or feeds on third-party social media platforms (e.g., Mirus Coffee's Facebook page, Instagram page, or Twitter feed), you hereby grant Mirus Coffee a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in any manner determined by us in our sole discretion, provided that Mirus Coffee will only share personal information that you provide in accordance with our Privacy Policy.

You acknowledge and agree that Mirus Coffee may disclose or use any User Content that you Transmit for purposes that include, but are not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations, or rules of any federal, state, or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Mirus Coffee, its customers, or the public.

1. FEEDBACK Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information about Mirus Coffee, the Sites, or our products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of Mirus Coffee. Mirus Coffee shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby grant Mirus Coffee a worldwide, perpetual, irrevocable, transferrable, royalty-free non-exclusive license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such Feedback without any attribution or compensation to any party, although Mirus Coffee is not required to use any Feedback.

2. LINKED SITES We have not reviewed all of the websites linked to the Sites and are not responsible for the content of any third-party pages or any other websites linked to the Sites. Nothing in the Sites, including, without limitation, any links to other websites, should be construed as an endorsement of any products, services, or information of any other persons or companies by Mirus Coffee. Your choice to link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Mirus Coffee reserves the right not to link, or to remove the link, to a particular website at any time. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Mirus Coffee. We have no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk.

3. INDEMNIFICATION To the fullest extent permitted by applicable law, you agree to defend, hold harmless, and indemnify Mirus Coffee, its subsidiaries and affiliates, business partners, contractors, clients, and service providers, and their respective officers, employees, agents, and representatives (collectively, the “Mirus Coffee Parties”) from and against any claims, liabilities, costs, or damages, including reasonable attorneys’ fees and paralegal fees through final appeals, made by any third party, relating to or arising from your use of the Sites, any User Content that you Transmit to or through the Sites, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Sites. You further agree that Mirus Coffee shall have control of the defense or settlement of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Mirus Coffee.

4. DISCLAIMERS ALL PRODUCTS AND THE SITES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER MIRUS COFFEE NOR THE MIRUS COFFEE PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PRODUCTS OR THE SITES; (B) THE SITE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITES. IN ADDITION, THE MIRUS COFFEE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

THE MIRUS COFFEE PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE MIRUS COFFEE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE MIRUS COFFEE PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE MIRUS COFFEE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MIRUS COFFEE PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY PRODUCT OR THE SITE.