Coffee & Chill Terms and Conditions

EMERGE LABS LLC 

COFFEE & CHILL TERMS AND CONDITIONS

Last updated March 2024

These terms and conditions (“Terms”) and the Emerge Labs privacy policy (“Privacy Policy”),  govern your use of Emerge Labs’ Coffee & Chill website coffeeandchill.com (“Website”), your purchase of tickets for Coffee & Chill Events ("Events"), and your attendance at such Events. By purchasing a ticket, you agree to be bound by these Terms and the Privacy Policy.

ALL EVENT ATTENDEES ARE REQUIRED TO SIGN EMERGE LABS’ WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“WAIVER”). YOU WILL NOT BE ALLOWED ENTRY INTO AN EVENT UNTIL YOU SIGN THE WAIVER. IF YOU ARE NOT WILLING TO SIGN THE WAIVER, PLEASE DO NOT PURCHASE A TICKET.

 

  1. Ticket Purchase and Confirmation. We act as the ticketing agent for those who hold Events (“Event Organizer”). Tickets for an Event can be purchased through our website. Your purchase is considered complete only when payment is successfully processed and you receive a confirmation email containing your ticket details. The Event date, time, and location also be included in the confirmation email.
  2. Non-Refunds / Not Redeemable. All sales are final and all ticket purchases are non-refundable, except, and only to the extent, as otherwise expressly stated in Section 3. In no event will you receive a refund for any merchandise purchases you make. Tickets are not redeemable for cash.
  3. Canceled, Postponed, Rescheduled, and Moved Events.  The Event Organizer may cancel, postpone, reschedule, or move an Event to a different location, in which case we will attempt to contact you to update you on the status of the Event after the Event Organizer informs us of such occurrence.  If the event is canceled, we will issue a refund to the payment method you used at time of purchase, once funds are received from the Event Organizer. If the event is postponed, rescheduled, or moved, your ticket will still be valid for the Event at the new date, time, or location. If you cannot attend at the new date, time, or location for the Event, the Event Organizer may, at its sole discretion, offer you a refund or credit towards a future Event. If the Event Organizer decides to make such an offer, we will provide you with information on how to submit a request for a refund/credit. In no event will any refund/credit exceed the amount you paid us for the ticket, and neither we nor the Event Organizer will be liable to you for any expenses you have incurred or may incur in connection with the canceled, postponed, rescheduled, or moved Event, including without limitation travel expenses.
  4. No Free Gift Guarantee. There is no guarantee that free gifts or other promotional offers will be given at any Event. If free gifts or other promotional offers are made available at an Event, they are subject to availability and may be withheld at the Event Organizer’s sole discretion.
  5. Event Participation and Conduct. You agree to comply with all instructions, directions, and rules (collectively “Rules”) communicated to you by the Event Organizer. The Event Organizer reserves the right to refuse you entry into the Event, and to eject you from an Event, without refund of any amount you paid, if the Event Organizer deems your conduct to be inappropriate, disruptive, or in violation of the Event Rules.
  6. Ownership & Conditional Privilege. The Website and all software code and other elements that comprise it, including without limitation all text, images, video, and other content (collectively “Content”), and all intellectual property rights associated with the Content and the Event, including without limitation patents, trademarks, service marks, trade secrets, trade dress, and copyright, whether registered or not, are the sole and exclusive property of Emerge Labs LLC and its licensees. As long as you comply with all of these Terms, Emerge grants you a personal, non-exclusive, non-transferable, limited privilege solely to enter and use the Website. 
  7. Restrictions. You agree that you will not:
  • Use any "deep-link," "page-scrape," "robot,” "spider," or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials or information through any means not purposely made available through the Website.
  • Probe, scan, or test the vulnerability of the Website or any connected network or system.
  • Attempt to breach the security or authentication measures on the Website or any connected network or system. 
  • Use the Website in any way that is intended to gain access to the personal information of other users of the Website.
  • Attempt to gain unauthorized access to any portion or feature of the Website  or connected network or system.
  • Use or access the Website or Content for any illegitimate, competitive, or unlawful purposes.
  • Take any action that imposes or may impose an unreasonable or disproportionately large load on the Website or any connected network or system.
  • Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on or through the Website, or with any other person’s use of the Website. 
  • Use any automated ticket purchasing technology to search for or purchase tickets through the Website.
  • Submit any false or misleading information to or through the Website.
  • Use the Website or any Content for any purpose that is unlawful, violates these Terms, or infringes the rights of Emerge or others.
  1. Disclaimers. EMERGE DOES NOT PROMISE THAT THE WEBSITE OR CONTENT, OR ANY SERVICE OR FEATURE THEREOF, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EMERGE DOES NOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS. EMERGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND AGREE THAT YOUR SOLE REMEDY AGAINST EMERGE FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT IS TO STOP USING THE WEBSITE. THIS LIMITATION OF RELIEF FORMS A PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
  2. Limitation Of Liability. IN NO EVENT WILL EMERGE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF EMERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, EMERGE IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR CONTENT, EMERGE’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TICKET PURCHASE PRICE PAID BY YOU TO EMERGE, OR (2) USD $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
  3. Reservation of Rights. Emerge reserves the right to modify, suspend, or terminate operation of or access to the Website, Content, or any portion of the Website or Content, for any reason, without notice to you. 
  4. Termination. You agree that Emerge 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. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Emerge, for which monetary damages would be inadequate, and you consent to Emerge obtaining any injunctive or equitable relief that Emerge deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Emerge may have at law or in equity.
  5. Indemnity. You agree to indemnify, defend, and hold Emerge, its sponsors, advertisers, service and treatment providers and other persons involved in the orchestration and execution of the Event, the owners and lessors of the premises where the Event is located, and all officers, directors, employees, partners, and shareholders of any of the foregoing, harmless from any demands, loss, liability, claims or expenses (including attorney and expert witness fees and court costs), made against Emerge by any third party due to or arising out of or in connection with your violation of the Terms.
  6. Modification of Terms. Emerge reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. 
  7. Governing Law & Dispute Resolution. You agree that all disputes relating to your access to or use of the Website will be governed by the laws of the State of California without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Santa Clara County, California, and waive any objection to such jurisdiction or venue. In the event of any dispute between you and Emerge relating to access to or use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
  8. Prevailing Terms. Claims asserted in connection with participation in an Event shall be governed by the terms of the Waiver and not these Terms. In the event of any conflict between the terms of the Waiver and these Terms, the terms of the Waiver shall prevail.
  9. Miscellaneous. If any of the provisions of these Terms is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Emerge with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Emerge with respect to such use are hereby superseded and canceled. Emerge’s failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by Emerge of any provision or any right it has to enforce these Terms, nor shall any course of conduct between Emerge and you or any other party be deemed to modify any provision of these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
  10. Contact Information. For any inquiries or concerns regarding these Terms, please contact us at venice@coffeeandchill.com.