Terms of service
Last Updated: May 30, 2025
OVERVIEW
This website, https://www.functioncoffeeco.com/ (“Website”), is operated by Function Coffee Co. (“we,” “us,” or “our”). The terms “Service” or “Services” refer to our Website, all information, tools, products, and services provided through it. By accessing or using our Services, including browsing or purchasing products, you agree to be bound by these Terms of Service (“Terms”), including all policies referenced herein or available via hyperlink, such as our Privacy Policy and Return Policy. These Terms apply to all users, including browsers, customers, vendors, and contributors of content.
If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement. We reserve the right to update or modify these Terms at our discretion by posting changes on our Website. We will notify users of material changes via email or Website notice. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
Our store is hosted on Shopify Inc., which provides the e-commerce platform enabling us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least 18 years old or the age of majority in your state or province of residence and, if applicable, have given us consent to allow your minor dependents to use the Services.
You may not use our Services or products for any illegal or unauthorized purpose or violate any laws in your jurisdiction, including copyright or trademark laws. You must not transmit viruses, worms, or any malicious code. Any breach of these Terms may result in immediate termination of your access to the Services without notice.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone at any time for any reason, including suspected fraudulent activity or violation of these Terms.
Your content (excluding payment information) may be transferred unencrypted over networks and adapted to technical requirements. Payment information is always encrypted during transfer.
You agree not to reproduce, copy, sell, resell, or exploit any part of the Services or Website without our express written permission.
Headings in these Terms are for convenience and do not affect interpretation.
SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Information on our Website is provided for general purposes and may not always be accurate, complete, or current. You should not rely solely on this information for decisions without consulting primary sources. Any reliance is at your own risk. Historical information is provided for reference only and may not be current. We are not obligated to update Website content, and it is your responsibility to monitor changes.
SECTION 4 - MODIFICATIONS TO SERVICES AND PRICES
Product prices are subject to change without notice. We may modify, suspend, or discontinue any part of the Services at any time without notice. We are not liable for any damages resulting from such changes, including price adjustments or Service discontinuation.
SECTION 5 - PRODUCTS AND SERVICES
Our products, primarily coffee and consumables, are available exclusively online and subject to limited quantities. All sales are final, with no returns or refunds except as outlined in our Return Policy. If a product arrives damaged or defective, you may contact us at support@functioncoffeeco.com within 7 days of delivery to request store credit, issued at our sole discretion.
We strive to display product images and colors accurately but cannot guarantee your device’s display accuracy. We may limit sales to specific persons, regions, or jurisdictions and restrict order quantities at our discretion. Product descriptions and pricing may change without notice, and we may discontinue products at any time. Offers are void where prohibited.
We do not warrant that products or Services will meet your expectations or that errors will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We may refuse, limit, or cancel orders at our discretion, including those suspected to be placed by resellers or distributors. Restrictions may apply to orders using the same account, payment method, or address. We will attempt to notify you of order changes or cancellations via the contact information provided.
You agree to provide accurate, current, and complete billing and account information and to update it promptly as needed. See our Return Policy for additional details.
SECTION 7 - PRODUCT USE AND LIABILITY DISCLAIMER
Our coffee and consumable products are for personal use only. You assume all risks related to consumption, including allergic reactions or dietary issues. Function Coffee Co. is not liable for any damages, including personal injury or health-related claims, arising from the use or misuse of our products, to the fullest extent permitted by law. Consult a healthcare professional if you have allergies or health concerns before consuming our products.
SECTION 8 - OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or liability. Your use of these tools is at your own risk, and you should review the third-party provider’s terms. New features or tools added to the Services are subject to these Terms.
SECTION 9 - THIRD-PARTY LINKS
Our Services may include third-party content or links to third-party websites. We are not responsible for their accuracy, content, or practices and are not liable for any damages related to third-party transactions. Review third-party policies before engaging with them. Complaints about third-party products or services should be directed to the third party.
SECTION 10 - USER COMMENTS, FEEDBACK, AND SUBMISSIONS
If you submit comments, ideas, or other materials (e.g., contest entries or unsolicited feedback), you grant us a non-exclusive, royalty-free, perpetual, and worldwide right to use, edit, publish, or distribute them in any medium without obligation to maintain confidentiality, compensate you, or respond.
We may monitor, edit, or remove content we deem unlawful, offensive, or in violation of intellectual property rights or these Terms. Your submissions must not violate third-party rights, contain unlawful or harmful material, or include malicious code. You are solely responsible for your submissions’ accuracy and legality.
SECTION 11 - PERSONAL INFORMATION
Your personal information is governed by our Privacy Policy, which complies with applicable data protection laws, including the Texas Data Privacy and Security Act (TDPSA) and, if applicable, international regulations like GDPR for international customers.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Our Website may contain typographical errors or inaccuracies in product descriptions, pricing, or availability. We may correct such errors, update information, or cancel orders without prior notice, even after order submission. We are not obligated to update information except as required by law.
SECTION 13 - PROHIBITED USES
You may not use our Services or Website for:
(a) unlawful purposes or to solicit illegal acts;
(b) violating international, federal, state, or local laws, including intellectual property laws;
(c) harassing, defaming, or discriminating based on protected characteristics;
(d) submitting false or misleading information;
(e) uploading viruses or malicious code;
(f) collecting others’ personal information;
(g) spamming, phishing, or scraping;
(h) obscene or immoral purposes; or
(i) interfering with Service security or functionality.
Violation of these prohibitions may result in immediate termination of your access to the Services.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Our Services and products are provided “as is” and “as available” without warranties, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee uninterrupted, secure, or error-free Services or accurate results.
To the fullest extent permitted by law, Function Coffee Co., its affiliates, directors, employees, and agents are not liable for any indirect, incidental, consequential, or punitive damages (e.g., lost profits, data, or health-related claims) arising from your use of the Services or products. Our total liability is limited to the amount paid for the specific order giving rise to the claim. Some jurisdictions may not allow certain exclusions, so our liability is limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Function Coffee Co., its affiliates, officers, directors, employees, and agents from any third-party claims, including reasonable attorneys’ fees, arising from your breach of these Terms, violation of law, or infringement of third-party rights.
SECTION 16 - ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
Any dispute arising from these Terms or your use of the Services will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except for small claims disputes under $10,000, which may be filed in a Texas small claims court. Arbitration will be conducted in [Denton County, Texas], or remotely at our discretion.
You waive your right to participate in or initiate a class action, collective action, or class arbitration. Disputes must be brought on an individual basis. The arbitrator’s decision is final and binding, with limited grounds for appeal as permitted by law. You may opt out of this arbitration clause by sending written notice to support@functioncoffeeco.com within 30 days of first accepting these Terms.
SECTION 17 - SEVERABILITY
If any provision of these Terms is deemed unlawful, void, or unenforceable, it will be enforced to the fullest extent permitted by law, and the remaining provisions will remain valid.
SECTION 18 - TERMINATION
Obligations and liabilities incurred before termination survive. These Terms remain effective until terminated by you (by ceasing use of the Services) or by us. We may terminate your access without notice if you breach these Terms, and you will remain liable for any amounts due up to the termination date.
SECTION 19 - ENTIRE AGREEMENT
These Terms, along with our Privacy Policy and Return Policy, constitute the entire agreement between you and Function Coffee Co., superseding any prior agreements. Our failure to enforce any provision does not waive it. Ambiguities in these Terms will not be construed against the drafting party.
SECTION 20 - GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict of law principles. Except for disputes subject to arbitration, any legal action must be brought in state or federal courts located in Denton County, Texas. You consent to the jurisdiction and venue of these courts.
SECTION 21 - FORCE MAJEURE
We are not liable for delays or failures to perform due to events beyond our reasonable control, including natural disasters, government actions, or supply chain disruptions.
SECTION 22 - INTELLECTUAL PROPERTY
All content on our Website, including text, images, logos, and trademarks, is owned by or licensed to Function Coffee Co. and protected by intellectual property laws. You may not use, reproduce, or distribute our content without express written permission.
SECTION 23 - CONTACT INFORMATION
Questions or concerns about these Terms should be sent to:
Function Coffee Co.
support@functioncoffeeco.com
300 Pioneer Trl, Northlake, TX, 76247, USA
SECTION 24 - ACCESSIBILITY
Please visit our accessibility page for more information.