Términos de servicio

Welcome to https://cuela.coffee and https://shopcuela.com (The “website”)

This website is operated by Tres Cafeteros LLC, {Puerto Rico Limited Liability Company, Business Registration No. 422535} with offices located at 70 Calle San Martin, Guaynabo, Puerto Rico 00966 (“Cuela”, “us”, “our”, “we”).

All references to the website mean both web and mobile applications versions of the website presently located at the following URL: https:// cuela.coffee and https://shopcuela.com.

All references to “using the website” includes access to and/or use of the website and our services and functions offered via this website, including placing orders for purchase of our products.

The terms “you”, “customer(s)” and “your” used below refer to all individuals and/or entities using this website for any reason.

Set out below are Cuela’s Terms and Conditions of Use for you: (i) use of this website; and (ii) purchase of our products and services via the website.

(collectively, the “Terms and Conditions of Use”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING THIS WEBSITE AND PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF USE BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE BELOW, DO NOT ACCESS THIS WEBSITE.

I. Agreement to the Terms and Conditions of Use. This agreement is between Tres Cafeteros LLC (“Cuela”) and you. The Terms and Conditions of Use contained in this document shall govern your use of any Website and webpages operated by Cuela. This website is the property of Cuela. These Terms and Conditions of Use apply to the website located at https://cuela.coffee and https://shopcuela.com

CUELA OFFERS THE WEBSITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THESE TERMS AND CONDITIONS OF USE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY AND A DISPUTE RESOLUTION CLAUSE. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. Cuela reserves the right, at its sole discretion, to change, modify, add or remove portions of these terms and conditions of use, at any time. Your continued use of the website after the posting of changes will mean that you accept and agree to the changes. It is your responsibility to check the Terms and Conditions of Use on a regular basis to verify changes. As long as you comply with these Terms and Conditions of Use, Cuela grants you a personal, non- exclusive, non-transferable, limited privilege to enter and use https:// cuela.coffee and https://shopcuela.com.

You agree to access and/or use the website only for lawful purposes and in a lawful manner at all times and to conduct any activity relating to using the website in good faith. Further, you shall ensure that, to the best of your knowledge, any information or data you submit to us or which you post or cause to appear on the website is true and accurate.

II. Customer Accounts. Certain services offered on or through the website may require you to open a customer account with us to provide to us your personal information, such as your name, e-mail, address, billing filling address, shipping address, phone number and credit card information. For information on how we use and distribute your personal data, please refer to Cuela’s Privacy Policy.

You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Cuela immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Cuela or any other user of or visitor to the website due to someone else using your username, password or account. You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Cuela cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. Cuela may at any time in our discretion, request that you update your account registration information and password or forthwith invalidate your account registration information and password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.

III. Intellectual Property. All content, including but not limited to text, photographs, images, artwork, graphics, videos, icons, logos, marks, trademarks, design, user and visual interfaces, and the arrangement and structure of such content, contained in the website is owned by Cuela or by a third party that has authorized the use of their content on Cuela’s website. All content is protected by laws that govern intellectual property such as copyright and trademark laws, and any other applicable laws, such as unfair competition laws. By using this website, you acknowledge our ownership of Cuela’s marks and to respect the marks of our business partners and/or affiliates.

Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third party’s marks. The website may contain links to websites that are not owned nor operated by Cuela. If you use these links, you will leave the website. Cuela is not responsible for any content, materials or other information located on or accessible from any other website(s). Neither Cuela nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the website, you do so entirely at your own risk.

No part of this website and no content may be copied, reproduced, republished, translated, transmitted, uploaded, posted, publicly displayed, encoded or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial entity, without Cuela’s prior written consent. However, we hereby grant you a limited revocable license to use our website for personal noncommercial use. Also, you may use Cuela’s marketing materials and information about Cuela’s product and services provided that you do not remove any proprietary notice language in all copies of such materials, make no alterations or modifications of any such content, and do not make any additional representations or warranties relating to such documents.

IV. Accuracy of information. Cuela do not warrant that all product descriptions, photos, image, pricing or other information on the website is accurate, complete, current, or error-free. All weights and size dimensions are approximate. All features, content, specifications, products and prices of products and services described or depicted on the website are subject to change at any time without notice. Cuela makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, or mobile devise, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the website at a particular time does not imply or warrant that these products or services will be available at any time. Cuela may make changes in information about price and availability without notice.

V. Reviews and other posts. We allow our visitors to post reviews of our products and services. Cuela reserves the right to publish user reviews in our website and social media platforms. However, though we love our customers share their opinions with others, we do not conduct tests to ensure that experiences described by users are typical. When you submit comments, photographs, and other content to Cuela through our website, by email, or through social media, you (i) acknowledge that you have read and agree to these terms and conditions of use; (ii) grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable right to use, copy, publicly perform, display, distribute and create derivative works from any content or material you submit; (iii) represent that you own all right, title and interest in and to that material; and (iv) agree that we may publish all material, including but not limited to material that may contain proof of your personal identity or that of others. Cuela may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.

Cuela may contract the services of social media “influencers”, bloggers, celebrities, and other renown persons to advertise Cuela’s products and services. Although such individuals or entities receive a compensation for their services, the opinions on products, services, and various other topics related to Cuela are their honest opinions, findings, beliefs, or experiences. The observations and opinions expressed by such individuals are purely those of their own creators.

VI. Procedure for alleging U.S. Copyright Infringement.
A. DMCA Notice. Cuela will respond appropriately to notices of alleged U.S. copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own a U.S. copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) U.S. copyright in that work has been infringed by an improper posting or distribution of it via the website, then you may send us a written notice that includes all of the following:

i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

ii)  a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

iii)  a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the Service on which the material appears);

iv)  your full name, address, telephone number, and e-mail address;

v)  a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

vi)  a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and

vii)  your electronic or physical signature.

Cuela will only respond to DMCA Notices that it receives by mail or e-mail, at the addresses below:

By mail: Attn: Gustavo Fadhel, Calle 8 D27 Paseo Mayor, San Juan, P.R. 00926.

By email: cuela.coffee@gmail.com

It is often difficult to determine if your copyright has been infringed. Cuela may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Cuela may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Cuela may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.

Without limiting Cuela’s other rights, we may, in appropriate circumstances, terminate a repeat infringer’s access to the website and any other website owned or operated by Cuela.

B. Counter-Notification. If access on the website to a work that you submitted to Cuela is disabled or the work is removed as a result of an infringement notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a counter notification to the addresses above. Your counter notification should contain the following information:

i) a legend or subject line that says: “Counter- Notification”;

ii)  a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);

iii)  a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

iv)  your full name, address, telephone number, e-mail address, and the username of your account;

v)  A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the District of Puerto Rico, and that you will accept service of process from the person who provided notification to us or an agent of such person; and

vi)  your electronic or physical signature.

Please note that if you knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. If we receive a counter notification, then we may replace the material that we removed (or stop disabling access to it). You should also be aware that we may forward the counter notification to the party who sent us the infringement notice.

VII.Prohibited use of the website and security. You may not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any Cuela server, or to any of the services offered on or through the website, by hacking, or any other means prohibited by law. You agree that you will not: (i) use the website for any political or commercial purpose including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products; (ii) use any metatags or any other “hidden text” utilizing any Trademarks; (iii) engage in any activities through or in connection with the website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Cuela; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any website source or object code or any software or other products, services, or processes accessible through any portion of the website; (v) engage in any activity that interferes with a user’s access to the website or the proper operation of the website, or otherwise causes harm to the website, Cuela, or other users of the website; (vi) interfere with or circumvent any security feature of the website or any feature that restricts or enforces limitations on use of or access to the website, the content, or the user-generated content; (vii) collect or store any information, including personally identifiable information about other users of the website, including email addresses, without the express consent of such users; (viii) attempt to gain unauthorized access to the website, other computer systems or networks connected to the website, through password mining or any other means; or (ix) otherwise violate these Terms and Conditions of Use.

VIII.Privacy Policy. Cuela’s Privacy Policy applies to use of this website, and its terms are made a part of these terms and conditions of use. By using the website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

IX. Disclaimers. CUELA DOES NOT PROMISE THAT THIS WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. CUELA CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION TO DESTRUCTIVE FEATURES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. Cuela reserves the right to do any of the following, at any time, without notice: (i) to modify, suspend or terminate operation of or access to the website, or any portion of the website, for any reason; (ii) to modify or change the website, or any portion of the website, and any applicable policies or terms; and (iii) to interrupt the operation of the website, or any portion of the website, as necessary to perform routine or non- routine maintenance, error correction, or other changes.

You are solely responsible for obtaining and maintaining the computer, smartphone, tablet, and any other equipment you use to access our websites, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or loss or damage you suffer arising from damage to equipment used in connection with use of the Cuela.

X. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the website are solely between you and the third party, even if Cuela collects any fee on behalf of such third parties. This includes issues related to the content of third-party advertisements, payments, goods, delivery of goods, warranties (including product warranties), privacy and data security, and the like. Cuela disclaims all liability in connection therewith.

XI. Purchases on the website. By purchasing from https://cuela.coffee and https://shopcuela.com you understand and agree to Shopify’s Terms of Services, including Shopify’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Shopify API License and Terms of Use (“API Terms”) and the Shopify Data Processing Addendum (“DPA”) before you may sign up for a Shopify Account or use any Shopify Service. This website offers e-commerce related services, like but not limited to, shopping services, provided by Cuela. We will not use or distribute your financial information in any other way without your prior approval. Cuela may also use the information to contact you if necessary. You also agree, that we may share information about you and your transaction with other companies in order to process your transaction, which includes fraud prevention, and credit card authorization. Products, services, offers, promotional codes offered and sold through this website may be limited to residents of the United States or the Commonwealth of Puerto Rico exclusively. Therefore, Cuela may refuse any purchase order of persons not residing in the Commonwealth of Puerto Rico or the United States.

XII.Terms and Conditions of Sale.
A. Product Descriptions and Prices. Cuela works hard to provide an accurate description of our products, we do not warrant that such description is accurate, current or free from error. In addition, the prices shown on this website do not include the computation of any tax or fee that may apply in your jurisdiction. You should verify your account any other relevant taxes or fees that may apply to you. We reserve the right to amend the listed prices at any time without giving any reason or prior notice.

B. Placing your order. You may place an order for Cuela’s products by selecting the product you want and adding it to the shopping cart named “Carrito”. After reviewing your shopping cart, click the place my order button named “Finalizar compra”. You agree to be redirected to Cuela’s Shopify account. You will be asked to fill out the order form. You shall be responsible for ensuring the accuracy of your product order. Be sure to accept a delivery method that is convenient for you. If you select “shipping” as your preferred delivery method, shipping fees may apply to you. Also, you may purchase the products by signing in to your PayPal or Shop Pay accounts. Cuela will not accept product orders placed in any other manner. As stated above, by purchasing through our website you agree to Shopify’s Terms of Services, including Shopify’s Acceptable Use Policy (“AUP”) and Privacy Policy, and, if applicable, the Shopify API License and Terms of Use (“API Terms”) and the Shopify Data Processing Addendum (“DPA”) before you may sign up for a Shopify Account or use any Shopify Service.

C. All orders are subject to our Acceptance. We reserve the right to decline to accept any order received from or through the website in our sole and absolute discretion. Cuela shall indicate our acceptance of your order by sending you a confirmatory email to your email address. Each order accepted by us in this manner shall constitute a separate sale and purchase agreement between you and us. Once we have accepted your order, we shall be entitled, but not obligated to process your order without your further consent and without any further reference or notice to you.

D. Pickup Delivery Method Policy. Cuela’s Pickup delivery method lets you buy our products online and pick them up in our warehouse. You avoid shipping and delivery charges. Customers that select the Pickup Delivery Method available on our website shall pick up the product(s) located at Advanced Self Storage at 70 Calle San Martin, Guaynabo, Puerto Rico

Instructions:
(i) During checkout, choose Pickup as a delivery method.

(ii) Place your order and wait to receive an email with the specific pickup instructions.

(iii) Contact us as specified in the email to coordinate your pickup date and time.

(iv) Bring your ID, and evidence of purchase to the warehouse.

(v) We believe that our products should maintain the best quality possible. That’s why in order to fulfill your expectations all the clients have 7 business days to pick up their order with the purpose of preserving the quality of the product.

(vi) If by any reason you cannot pick up your order during the 7 business day period established above. It is the responsibility of the client to contact us at cuela.coffee@gmail.com to coordinate any available dates to pick up their order.

(vii) You understand that we do not guarantee after 7 days that the same product will be available. In the case that the product is not available at the time of pickup the client will have a credit with our online store.

All orders are subject to availability of inventory. If by any chance, the product you ordered is not available at the time of pickup, we will notify you when the product(s) is available again for pickup or at our discretion issue a refund or credit.

E. Delivery and tracking. Delivery of the product(s) shall be made to the address you specify in your order. You may track the status of the delivery at the email sent to you by Shopify when you purchase your order. All delivery timeframes provided via the website and Shopify are estimates only and delays may occur. We will make every reasonable effort to deliver your order to you within 5-7 business days, but all deliveries timeframes may vary case by case. Please refer to USPS, FedEx, UPS, DHL, or any other carrier to verify delivery estimates.

F. Transfer of Risk Damage or Loss and Transfer of Property. Risk of damage or loss of the product(s) shall pass to you at the time of delivery, or if you wrongfully fail to take delivery of the product(s), the time when we have tendered delivery of the product(s). Notwithstanding delivery and the passing of risk of damage or loss of the product(s) or any other provision herein, the property in the product(s) shall not pass to you until we have received in cash or cleared funds payment in full of the price of the product(s) and all other product(s) agreed to be sold by us to you for which payment is then due. Until such time as the property in the product(s) passes to you, Cuela shall be entitled at any time to demand you to deliver up the product(s) to us and in the event of non-compliance we reserve our right to take legal action against you for the delivery up of the product(s). You shall indemnify us against all loss, damages, costs, expenses and legal fees incurred by us in connection with the assertion and enforcement of our rights hereunder.

G. Failure to pay. If you fail to make any payment pursuant to the Terms and Conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to us, Cuela shall be entitled to cancel the sale and purchase agreement or suspend delivery of your order until payment has been made in full.

H. Termination of the agreement by Seller in the event of error. In the event of an error, whether on the website in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund and/or credit any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund and/or credit.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Cuela shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Cuela shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Cuela shall immediately issue a credit or refund to your credit card account in the amount of the charge.

I. Returns and Cancellations. All refunds are conditional upon our acceptance of a valid return of your order. In the case of a product exchange which we agree to, Cuela shall deliver the replacement product to your specified address. Cuela checks the conditions of all the products prior to shipping, hence the item(s) delivered are not refundable unless there are serious faults/defects that were undetected by visual inspection. Therefore, Cuela cannot accept returns for our products. However, in the following circumstances, you may request to cancel or amend your product order: (i) a product that is different in nature from the product described in the website and which you ordered; or (ii) damaged products. We reserve the right, to ask for evidence to support your claim. Cuela shall despatch your replacement product within 7 days of receiving the non-conforming product sent back to us by you at your own cost. We also cannot guarantee that orders will be redirected if the incorrect shipping address was provided during the purchase. Please, make sure you have provided us with the correct shipping address and that the items listed on your shopping cart are the ones you want before confirming your order. At any time before we despatch your order to you, you may request to cancel the sale and purchase agreement by written notice to us at Cuela. If we have already dispatched your order, no order cancellation is possible. Without prejudice to any other right of termination herein, in the event that the product(s) in your order are unavailable for any reason, Cuela may at any time stop the delivery of your order in transit, suspend further deliveries to you and/or unilaterally terminate the sale and purchase agreement with immediate effect by written notice to you.

J. Force Majeur. Cuela shall not be liable to you for any breach, hindrance or delay in the performance of your order attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi- governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemics, COVID-19, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation, regardless of whether the circumstances in question could have been foreseen.

XIII.Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL CUELA, (OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, MEMBERS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OTHER WEBSITE OR WEBPAGES, OR ANY GOODS PURCHASED THROUGH THIS WEBSITE OR ANY OTHER WEBSITE OR WEBPAGES. CUELA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE WEBSITES, YOUR CUELA’S USER ACCOUNT, OR THE INFORMATION CONTAINED THEREIN. CUELA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY GOODS PURCHASED USING THE WEBSITES. THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF CUELA OR A MERCHANT HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, NOT WITHSTANDING THE ABOVE STATED SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

An action or proceeding relating to any claim arising out of our website, or any other website or webpages must commence within the shorter of the applicable statute of limitations or in a time frame of at least one year after the cause of action and/or knowledge of any significant and/or apparent damage has accrued and/or occurred.

XIV.Violation of these Terms and Conditions of Use. Cuela may disclose any information we have about you, including your identity, if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Cuela's rights or property, or the rights or property of visitors to or users of the website, including Cuela's customers either intentionally or unintentionally. Cuela reserves the right at all times to disclose any information that Cuela deems necessary to comply with any applicable law, regulation, legal process or governmental request. Cuela also may disclose your information when Cuela determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that Cuela may preserve any transmittal or communication by you with Cuela through the website or any service offered on or through the website, and may also disclose such data if required to do so by law or if Cuela determines that such preservation or disclosure is reasonably necessary (i) to comply with legal process, (ii) to enforce these terms and conditions of use, (iii) to respond to claims that any such data violates the rights of others, or (iv) to protect the rights, property or personal safety of Cuela, its employees, users of or visitors to the website, or the public. You agree that Cuela may, in its sole discretion and without prior notice, terminate your access to the website and/or block your future access to the website if we determine that you have violated these terms and conditions of use or other agreements or guidelines which may be associated with your use of the website or for other cause, which includes but is not limited to (i) requests by law enforcement or other government agencies, (ii) a request by you, (iii) discontinuance or material modification of the website or any service offered on or through the website, or (iv) unexpected technical issues or problems.

XV.Jurisdiction. This Terms and Conditions of Use is governed by and will be construed in accordance to the applicable law and case law interpretations of the Commonwealth of Puerto Rico. You expressly agree that any claims arising from the interpretation or violation of this agreement, shall be subject to the exclusive jurisdiction of and shall be brought before the state and federal courts located in Puerto Rico. However, the parties agree to settle any controversy as described below in Section XVI.

XVI.Dispute Resolution Agreement.
A. Arbitration. The parties agree that any controversy or claim between them or against any agent, employee, successor, or assign of the other, whether related to these Terms and Conditions of Use or your use of the website or otherwise, and any claim or dispute related to these Terms and Conditions of Use or your use of the website or obligations contemplated under these Terms and Conditions of Use, including the validity of this arbitration clause (the “Controversy”), shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). The arbitration shall be aired in Commonwealth of Puerto Rico, more specifically in the Capital City of San Juan, unless the AAA or the arbitrator shall determine that venue is unreasonably burden, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, copyright infringement, or misappropriation of trade secrets. Cuela or you may elect to bring an individual claim in a small claims court, but we do not agree to any personal jurisdiction that is otherwise lacking.

A single, neutral arbitrator shall determine the Controversy of the parties and render a final award in accordance with the substantive law applicable. Strict confidentiality shall govern any arbitration proceedings, any and all information submitted to the arbitrator by the parties and to the decision or award entered by the arbitrator. Any court having jurisdiction may enter judgment upon the award rendered by the arbitrator. The terms hereof shall not limit any obligation of a party to defend, indemnify or hold harmless another party against court proceedings or other claims, losses, damages, or expenses. The procedures specified in this Section shall be the sole and exclusive procedures for the resolution of disputes between the parties arising out of or relating to your use of the website; provided, however, that a party may request temporary remedies in a court of law to maintain the status quo or to protect goods or property until the arbitration has initiated and the selected arbitrator has had the opportunity to resolve the request for temporary relief. 

Each party is required to continue to perform its obligations under these Terms and Conditions of Use pending final resolution of any dispute arising out of or relating to these Terms and Conditions of Use and your use of the website, unless to do so would be impossible or impracticable under the circumstances. If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed, and the remaining portions of this section shall remain in effect.

XVII.Severability. If any provision of these Terms and Conditions of Use is found to be illegal or unenforceable, the remaining provisions of these Terms and Conditions of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.

XVIII.Assignment. Cuela may assign its rights and obligations under these Terms and Conditions of Use, in whole or in part, to any party at any time without any notice. These Terms and Conditions of Use may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of a representative of Cuela.

XIX.No Waiver. Failure or delay by Cuela in exercising any of its rights, powers or remedies will operate as a waiver of that or any other right, power or remedy, and no waiver or modification of these Terms and Conditions of Use will be effective as to Cuela unless in writing and signed by Cuela.

XX.California Consumer Rights and Notices. California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy. Residents of California are entitled to the following specific consumer rights information: you may contact us by mail at: Calle 8 D27 Paseo Mayor, San Juan, P.R. 00926, or by telephone at (787) 649-6866 or (202) 403-7576. Their website is located at: http://www.dca.ca.gov. Any California residents under the age of eighteen (18) who have registered to use our website, and who have posted content or information on the website, can request that such information be removed from the website by contacting us at Tres Cafeteros, LLC (Attn: Customer Services), Calle 8 D27 Paseo Mayor, San Juan, P.R. 00926, making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third- parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

XXI. Cuela Messaging Terms & Conditions

Cuela (hereinafter, "Cuela," "We," "Us," "Our") is offering a mobile messaging program (the "Program"), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Messaging Privacy Policy. By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the "Dispute Resolution" section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts (including those in the "Other Terms and Policies" section below). Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program.

1. User Opt In. You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Cuela, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of this phone number. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system ("ATDS" or "autodialer"). Message and data rates may apply. Message frequency varies.

2. User Opt Out. If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Cuela and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

3. Other Terms and Policies. You also agree to our Messaging Privacy Policy, Cuela Terms of Service and Cuela Privacy Policy.

4. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), other transactional-related messages and sale of our products. Messages may include checkout reminders.

5. Message Frequency, Cost and Changes. Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. We also reserve the right to change the short code or phone number from which Our messages are sent.

6. Support Instructions. For support regarding the Program, text "HELP" to the number you received messages from or email us at customerservice@cuela.coffee. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

7. MMS Disclosure. The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

8. Our Disclaimer of Warranty. The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

9. Supported Devices. The Program is offered on an "as-is" basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Cuela, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

10. Contact. This Program is a service of Cuela, located at 70 Calle San Martin Advantage Self Storage, Guaynabo PR 00968-1409, United States.

11. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

12. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act ("HIPAA") or the Health Information Technology for Economic and Clinical Health Act ("HITEC" Act); and
• - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

13. Dispute Resolution. In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Guaynabo , PR before one arbitrator. No class actions. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, YOU AND Cuela ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THIS AGREEMENT SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT (the "FAA"). The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Cuela Company’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the FAA. The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. Notwithstanding anything to the contrary in this Agreement, if Cuela makes any future change to this arbitration provision, you may reject the change by sending Us written notice within 30 days of the change to 70 Calle San Martin Advantage Self Storage, Guaynabo PR 00968-1409, United States, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Cuela.

If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

14. State Law:

• Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
• Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

16. Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to the terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to these terms unless explicitly stated otherwise in writing. We reserve the right to change these terms from time to time. Any updates to this Agreement shall be communicated to you. Prior to such communication, the terms of this Agreement in effect as last made available to you immediately prior to your receipt of the notice will continue to govern our relationship. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

XXII.Complete Agreement. This Agreement, those documents expressly referred to herein and other documents of even date herewith embody the complete agreement and understanding among the parties and supersede and preempt any prior understandings, agreements or representations by or among the parties, written or oral, which may have related to the subject matter hereof in any way.

Effective date: 07/06/2020