Terms of service

TERMS OF SERVICE 

Last Modified: June 25th, 2025 

These Terms of Service (these “Terms”) apply to the purchase and sale of various products from Punk Bunny LLC dba Punk Bunny Coffee (referred to as the “Company”, “us”, “we”, or “our” as the context may require) through the www.punkbunny.com website (the “Site”), signing up for a subscription to receive the Punk Bunny Coffee products (the “Subscription Services”), as well as any other access and use of the Site. These Terms are subject to change by the Company without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Modified” referenced on the Site. You should review these Terms prior to purchasing any products or signing up for the Subscription Services that are available through this Site. Your continued use of this Site after the “Last Modified” will constitute your acceptance of and agreement to such changes. 

YOU MAY NOT ORDER PRODUCTS OR SUBSCRIPTION SERVICES IF YOU (A) DO NOT AGREE TO THE AGREEMENT, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (C) ARE PROHIBITED FROM USING THIS SITE OR ANY OF THE SITE’S CONTENTS, OR PURCHASING ANY OF THE COMPANY’S GOODS OR SERVICES, BY APPLICABLE LAW. BY PLACING AN ORDER FOR PRODUCTS OR SIGNING UP FOR A SUBSCRIPTION, YOU AFFIRM THAT YOU ARE OF LEGAL AGE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SERVICE AND THE PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”).  

PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH THE COMPANY ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND THE CONSEQUENCES THEREOF. 

1. Privacy Policy. Your use of our Site is subject to our Privacy Policy. Our Privacy Policy describes how we process personal information, including the types of personal information that we collect, the purposes for which we use it, the types of third parties with whom we share it, and any rights you may have with respect to such personal information. The Privacy Policy also sets forth the types and categories of personal information you may provide the Company, and your responsibilities and obligations with respect to such personal information. Please review our Privacy Policy carefully. For the avoidance of doubt, any claims, suits, or complaints related to the Privacy Policy shall be settled or otherwise addressed in accordance with the dispute resolution terms, and subject to the limitations of liability, set forth herein, in addition to all other terms and conditions herein. The Company is based in the United States, and the personal information that we collect and process is retained and stored in the United States. As part of providing our services to you, we may need to provide you with certain communications, such as transaction details, service announcements and administrative messages. These communications are considered an integral part of our services and your account, which you may not be able to opt-out from receiving.
   
   

1. Accessing the Services and Account Security. To access certain parts of the Site and/or order products, you may be required to create an account and provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide is correct, current, and complete. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
   
   

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, pursuant to these Terms, each product listed in your order. All orders must be accepted by us or we will not be obligated to sell any product you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. The Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all transaction(s); and (iv) refuse to provide any user with any product or service. 
   
   

1. Prices and Payment Terms. 
   
   

(a) You may choose a subscription plan for each type of product. Subscriptions will automatically renew for an additional term with the same selections and duration at then-current pricing, and we will automatically bill the subscription fee to your selected payment method unless you cancel your subscription at least seventy-two (72) hours before renewal. Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team. If you choose to end your subscription, you will receive your product for the remainder of your subscription term and your subscription will not automatically renew. Subscriptions may not be paused temporarily, and subscription fees are non-refundable.  

(b) Your credit card will be charged in full at the beginning of each subscription term for the applicable subscription fees. By placing an order, you authorize the Company to charge all fees incurred through your account. The Company uses third party payment processors to process your payments. Your payment information is subject to the privacy policy and terms of use of the applicable payment processor. You represent and warrant that (i) the payment information you supply to us or our service providers is true, correct and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment method, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

(c) Should automatic billing fail for any reason, the Company will notify you via your account or your email address on file. If you cancel your account or you fail to remit any outstanding payments, the Company reserves the right to suspend shipment of your products and/or terminate your subscription.  

(d) All prices, discounts, and promotions posted on this Site are subject to change without notice. The prices will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. 

(e) We may periodically offer promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.  

1. Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the product to you. You agree pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the applicable product to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. 
   
   

1. Returns and Refunds. Please see our Return Policy. 
   
   

1. Linking to the Site and Social Media Features. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. The Site may provide certain social media features that enable you to: (i) link from your own or certain third-party websites to certain content on this Site, (ii) send emails or other communications with certain content, or links to certain content, on this Site, and (iii) cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not do any of the following: establish a link from any website that is not owned by you to the Site; cause the Site or portions of it to be displayed on, or appear to be displayed by, any other website; link to any part of the Site other than the homepage; or otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
   
   

1. No Professional Advice. Any content on the Site, including but not limited to, articles, blogs, product information, or any other information, provided by us is for informational purposes only. None of the contents is intended to be a substitute for professional medical advice, diagnosis or treatment. Reliance on any information provided by or otherwise appearing on this Site is solely at your own risk. This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
   
   

1. Warranty and Disclaimers. 
   
   

THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.  

ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PROMOTIONS, AND PRICES OF PRODUCTS AND SERVICES DESCRIBED OR DEPICTED ON THE SITE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE RESERVE THE RIGHT TO DISCONTINUE ANY PRODUCT AT ANY TIME.   

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.  

1. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF (i) THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE DURING THE PRIOR THREE (3) MONTHS OR (ii) $100. 
   
   

The limitation of liability set forth above shall only apply to the extent permitted by law. 

1. Indemnification. You agree to indemnify, hold harmless, and defend the Company, its parent, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Site, your violation of these Terms, defamatory or infringing content posted to the Site by you, or your violation of any law or the rights of a third party. 
   
   

1. Goods Not for Resale. You represent and warrant that you are buying goods from the Site for your own personal or household use only, and not for resale. 
   
   

1. Proprietary Rights. You hereby acknowledge and agree that the Company or its licensors own all legal right, title and interest in and to the Site and content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Site and content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. The Company name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
   
   

 

1. Proposition 65 Warning. The Safe Drinking Water and Toxic Enforcement Act of 1986, popularly known as Proposition 65, is a California law intended to protect California citizens from chemicals known to cause cancer or birth defects or other reproductive harm and to inform citizens about exposures to such chemicals.  One such chemical is acrylamide, which may be present in coffee, including the coffee sold by the Company. Acrylamide is a naturally occurring byproduct formed when certain sugars and an amino acid react to high temperatures, such as when coffee is roasted. The U.S. Food and Drug Administration (FDA) has not determined that the low levels of acrylamide naturally found in roasted coffee have any public health impact.  Your personal cancer risk is affected by a wide variety of factors.  For more information on acrylamide, please consult the FDA’s website at fda.gov.  For more information about both acrylamide and Proposition 65, please visit www.oehha.ca.gov/prop65.html.
   
   

1. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
   
   

1. Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
   
   

1. Entire Agreement. The Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services. 
   
   

1. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with the Company and affects your rights. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND THE COMPANY AGREE TO RESOLVE ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING YOUR PURCHASE OF PRODUCTS THROUGH THE SITE, EXCLUDING ANY CLAIM, DISPUTE OR CONTROVERSY THAT QUALIFIES FOR SMALL CLAIMS COURT OR IS OTHERWISE EXCLUDED BY THIS SECTION 16, EXCLUSIVELY AND FINALLY BY BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BY A JUDGE OR A JURY.
   
   

Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at yourfriends@punkbunny.com or to Punk Bunny, 1308 E Colorado Blvd. #3303 Pasadena, CA 91106, Attention: Legal. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes arising out of this Agreement (OTHER THAN THOSE RELATED TO THE COMPANY’S ENFORCEMENT AND PROTECTION OF ITS NAME AND INTELLECTUAL PROPERTY RIGHTS) through binding arbitration or small claims court instead of in courts of general jurisdiction. This includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding. 

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. The arbitrator must follow this Agreement and can award the same damages and relief that a court can award. 

We each also agree that this Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in Section 19 below). ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Neither you nor the Company has the right to act as a class representative or class representative or participate as a member of a class of claimants with respect to any claim. 

1. All disputes relating in any way, directly or indirectly, to the Company for breach of contract, breach of fiduciary duty, negligence, personal injury, intentional torts or other tort will be arbitrated according to the rules of the American Arbitration Association (AAA) in Cuyahoga County, Ohio, including any dispute about the scope of this arbitration agreement, and including all questions about the types of disputes that are subject to this arbitration agreement, all of which you agree will be decided by the arbitrators, whose decision will be final and binding on you. Any issue concerning the extent to which a dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of this Agreement, including any contention that all or part of this agreement is invalid or unenforceable, shall be governed by the Federal Arbitration Act and resolved by the arbitrators. You acknowledge and agree that, in any arbitration proceeding, no depositions will be taken, and all other forms of discovery of facts will be limited to those things that the arbitrators determine, in their sole discretion, to be necessary. Further, in any arbitration proceeding, (i) there shall be no award of punitive, exemplary, incidental or consequential or other special damages, (ii) all damages claims and awards will be governed by the provisions of the Ohio statutes, and (iii) the parties will conduct the arbitration confidentially and expeditiously and will pay their own costs and expenses of arbitration, including their own attorneys’ fees. If you are unable to afford the AAA fee, you agree to notify all persons against whom you have an arbitrable claim and give such persons the opportunity individually and as a group to pay such fee. The proceeding and the decision shall be kept confidential by the parties.
   
   

Any claim or dispute arising under these Terms must be initiated within two (2) years from its accrual date. Any claim or dispute initiated two (2) years or longer from its accrual date shall be time-barred and dismissed. 

1. Choice of Law; Jurisdiction. This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to its conflicts of laws rules. Foreign laws do not apply. Arbitration or court proceedings must be in Cuyahoga County, Ohio If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
   
   

1. Changes to the Terms. From time to time, we review these Terms to ensure that they comply with applicable law. Consequently, we reserve the right to update and revise these Terms at any time. We will notify you if these Terms are updated by updating the “Last Updated” section of these Terms. These Terms are effective as of the “Last Updated” date provided herein. Your continued use of the Site signifies your consent to the Terms, as of the “Last Updated” date. 
   
   

1. Contact Us. If you have questions regarding these Terms, please contact us at YourFriends@PunkBunny.com.