Terms of Service

Last Updated: September 14, 2026

This website is operated by Der Hoffskeller. Throughout the site, the terms “we”, “us” and “our” refer to Der Hoffskeller. Der Hoffskeller offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us — whether online, in person at a market or event, through our self-checkout kiosk, or through a marketplace listing we operate — you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, subscribers, reviewers, and contributors of content.

0. A Few Definitions

Used throughout these Terms:

  • “Order” — a single purchase transaction, whether one-time, a subscription’s first purchase, or a subscription renewal.
  • “Subscription” — a recurring arrangement in which we charge your saved payment method on a schedule and ship the subscribed products each cycle.
  • “Billing cycle” / “cycle” — the interval between scheduled subscription charges (for example, weekly, bi-weekly, or monthly), measured from your billing anchor date.
  • “Renewal” — any subscription charge after the first, including a renewal processed early at your request under Section 3c.
  • “Delivery” — the shipment associated with one paid order. For purposes of the two-delivery minimum in Section 3, deliveries are counted by successful payments on the subscription (your first subscription order counts as the first).
  • “Manage Subscription page” — the secure self-service page reached through a link emailed to the address on your subscription.
  • “Business days” — Monday through Friday, excluding U.S. federal holidays and the market days when we are, quite literally, at the market.

1. Online Store Terms & General Conditions

  • Age Requirement: By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or the age of majority in your state or province of residence, to purchase coffee or subscriptions from this site. Coffee is a caffeinated product; it is your responsibility to ensure it is appropriate for the person who will consume it.
  • Refusal of Service: We reserve the right to refuse service to anyone, limit order quantities, or cancel orders at our sole discretion for any reason at any time (including if we suspect unauthorized reselling, fraud, payment-card testing, discount or promotion abuse, review manipulation, or violation of these Terms). If we cancel a paid order under this section, our sole obligation is to refund the amount paid for the canceled items.
  • One Agreement Across Channels: These Terms govern purchases made through this website, our self-checkout kiosk, and our in-person sales at markets and events. Purchases made on third-party marketplaces (such as Etsy) or third-party storefronts (such as our print-on-demand gift shop) are additionally governed by those platforms’ own terms as described in Sections 4b and 4c; where these Terms address the product itself — including the health, safety, glass-jar, and pressurization provisions — they apply to the product no matter where you bought it.
  • No Customer Accounts — Secure Links Instead: We do not require you to create an account or password. Where we give you self-service tools (such as the Manage Subscription page), access is granted through secure, single-purpose links sent to the email address on your order. Those links are the key to your subscription: anyone with access to your email inbox may be able to use them, so keeping your email account secure is your responsibility. Management links expire quickly (typically within one hour) and a new one can always be requested.
  • Termination: We may suspend or terminate your access to the Service (including self-service subscription tools) for violation of these Terms, suspected fraud or abuse, or as required to protect the Service or other customers. Provisions of these Terms which by their nature should survive — including payment obligations, licenses you have granted, assumption-of-risk acknowledgments, disclaimers, limitations of liability, indemnification, and dispute-resolution provisions — survive any termination.
  • Electronic Communications: When you place an order or use the Service, you consent to receive communications from us electronically — including order confirmations, receipts, shipping and tracking notices, subscription notices, and cancellation confirmations — and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing.
  • Data Transmission: You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks.

2. Products, Pricing & Accuracy of Information

  • Modifications: Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
  • Natural Product Variability: Coffee is an agricultural product roasted in small batches in cast iron. Bean size, color, roast shading, oil sheen, aroma, chaff content, and flavor notes vary naturally from batch to batch, harvest to harvest, and bag to bag. Product photographs are illustrative; the coffee you receive may differ in appearance from the photograph without being defective. Packaging (bags, jars, labels, seals, and box styles) may also change or vary between orders without notice. As an agricultural product, coffee can also carry the occasional stone or other foreign matter; Section 5a governs that and everything it can do to your equipment.
  • Weights and Measures: Stated product weights are net weights at the time of packing. Freshly roasted coffee loses a small amount of mass to moisture and carbon dioxide off-gassing after packing; minor variation between the stated weight and the weight at delivery is normal and is not a defect or a short-fill.
  • Roast Dates & Freshness: We roast to order or in small rotating batches; your coffee ships close to its roast date, which is part of why our jars pressurize (Section 7). Coffee is shelf-stable and does not carry an expiration date; “freshness” is a quality spectrum, not a safety cliff. Guidance we publish about peak-flavor windows is advice, not a warranty, and coffee consumed after its peak is not defective.
  • Variations and Options: Many products are offered in multiple types (for example, whole bean or ground) and sizes, each with its own price. The price shown updates when you change your selection, and the price displayed for your selected combination at the time you add to cart and check out is the price that applies. Comparative or promotional pricing (such as a displayed savings amount on subscriptions) describes the difference between our own one-time and subscription prices, not a third party’s price.
  • Accuracy of Account Information: You agree to provide current, complete, and accurate purchase information for all orders made at our store. You agree to promptly update your information, including your email address, shipping address, and payment card details (which you can do for subscriptions through the Manage Subscription page), so that we can complete your transactions and contact you as needed. We are not responsible if your information is inaccurate, and we are not responsible for messages you do not receive because our email lands in a spam or junk folder.
  • Errors and Omissions: Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
  • Order Acceptance: Your submission of an order is an offer to purchase. Our acceptance occurs when we send your order confirmation email or, for in-person and kiosk sales, when payment is completed at the point of sale. We may decline or cancel any order before acceptance for any reason, and after acceptance for the reasons stated in these Terms, in which case affected amounts will be refunded.
  • Availability & Out-of-Stock Orders: All orders are subject to product availability. Because we roast in small batches, an item may sell out or become unavailable after you order. If we cannot fulfill an item you ordered, we may cancel that item or the order and refund the amount paid for the affected item; a refund is your sole remedy in that case.
  • Taxes: Wisconsin generally exempts packaged coffee as a “food and food ingredient,” so most of our sales are not taxed. Where sales tax, excise tax, or other government charges do apply to an order (based on the items purchased and the delivery or point-of-sale location), those amounts will be added to your total and are your responsibility.
  • Informational Content: Pages on this site that discuss coffee markets, commodity futures, brewing science, or coffee history are provided for general information and entertainment only. Nothing on this site is investment, financial, legal, or medical advice, and you should not make trading or health decisions based on our content.

2a. Payment Methods

  • Online Payments: Online payments are processed by Stripe. We accept major credit and debit cards and, where available on your device, digital wallets including Apple Pay and Google Pay. When you use a digital wallet, that wallet provider and your card issuer also handle your payment under their own terms. All prices are stated and charged in U.S. dollars.
  • In-Person Payments: At farmers markets and events we may accept cash, card, and/or Venmo. Venmo payments are processed by Venmo/PayPal under their own terms; we are not responsible for that service. Cash sales are final at the point of sale.
  • Authorization: By submitting payment, you represent that you are authorized to use the payment method and you authorize us and our processors to charge the full order amount (including taxes and shipping, and recurring amounts for subscriptions).
  • Saved Payment Methods and Customer-Requested Charges: When you hold a subscription, your payment credentials are stored securely by Stripe (we never see or store raw card numbers). In addition to scheduled renewal charges, if you ask us — through the Manage Subscription page or by contacting us — to process a delivery early, to move your renewal to today, or to restart a paused or interrupted subscription immediately, you authorize us to charge your saved payment method for the full per-delivery price at the time we fulfill that request, without any further confirmation step. Such customer-requested charges are treated as renewal charges for all purposes under these Terms, including the no-refund-after-roasting provision.
  • Failed Payments: If a charge fails, our processor may retry it automatically. You can update the card on a subscription at any time through the Manage Subscription page; when you save a new card there, it becomes the payment method for all future renewals and any open failed charge may be retried immediately against it. If all retries fail, the affected order may be canceled or the subscription ended automatically.
  • Statement Descriptors: Charges appear on your card statement under a descriptor referencing Der Hoffskeller (as configured with our payment processor). If you do not recognize a charge, contact us before disputing it — with your order history in front of us, most mysteries take about a minute to solve.
  • Receipts: Receipts and payment confirmations are delivered by email. For marketplace purchases (such as Etsy), the marketplace issues the payment receipt under its own system.
  • Chargebacks: If you have a problem with an order, contact us first — we want to make it right. Filing a chargeback or payment dispute for a validly fulfilled order (including for perishable goods that were delivered, for subscription renewals you failed to cancel, or for customer-requested charges described above) may be treated as a breach of these Terms, and we reserve the right to recover the disputed amount and associated fees, to provide the payment processor and card networks with evidence of your order, communications, and delivery, and to refuse future service.

3. Subscriptions & Billing

  • Default Selection Is a Subscription — Your Responsibility to Choose: On product pages that offer both one-time and subscription purchasing, the purchase option may be pre-selected as a recurring subscription by default. The available choices (for example, “One-time order,” “Weekly subscription,” “Bi-weekly subscription,” and “Monthly subscription”) are clearly displayed together before you add the item to your cart, and your selected option, its recurring frequency, and its price are shown in your cart and on the checkout/payment screen before you pay. If you want a single, non-recurring purchase, it is your responsibility to select “One-time order” before adding the item to your cart and before completing checkout. By completing a purchase with a subscription option selected, you acknowledge that you have chosen a recurring subscription and you authorize the recurring charges described below.
  • Add-On Items May Join Your Subscription: When your cart contains a subscription, additional items offered to you at checkout (add-ons, upsells, or suggested products) may be offered — and may be pre-selected — as recurring additions that join your subscription and ship with every delivery, rather than as one-time additions. The recurring or one-time nature of each add-on and the resulting recurring total are displayed before you pay. It is your responsibility to review whether an add-on is recurring before completing checkout. If an add-on joined your subscription unintentionally, you can remove it at any time through the Manage Subscription page, effective from your next renewal.
  • Automatic Renewal: If you subscribe to regular coffee deliveries, your chosen payment method will be charged automatically on the schedule you select (e.g., weekly, bi-weekly, or monthly) at the then-current subscription price plus applicable subscription shipping, until you cancel. By subscribing you agree to a minimum of TWO orders before cancellation. Our subscriptions include a discount and without this TWO order stipulation, all our customers would simply order a subscription and cancel immediately to get the discount without the subscription. We ask that you use this subscription feature in good faith.
  • Payment Authorization & Card Storage: By starting a subscription, you expressly authorize us and our payment processor (Stripe) to securely store your payment credentials and to charge them automatically on your selected schedule without further action by you, until your subscription is canceled. If a renewal charge fails, our processor may retry it; if all retries fail, your subscription may be ended automatically.
  • Renewal Pricing — Discounts Do Not Recur: Any discount, offer code, promotional credit, or first-order incentive applied when you start a subscription applies to your FIRST charge only. Every subsequent renewal charge is billed at the full, undiscounted subscription price then in effect, plus applicable subscription shipping. Discounts never carry forward to renewals unless we explicitly state otherwise in writing (a retention discount accepted under Section 3d, for example, applies to exactly one renewal).
  • Subscription Price Changes: Subscription renewals are billed at the subscription price in effect at the time of the renewal. If we change the price of a product on your subscription, or if you change the contents of your subscription, the new recurring total applies from your next renewal. Your current recurring total is always visible on the Manage Subscription page, and continuing to accept renewals constitutes acceptance of the then-current price. If you do not agree with a price, your remedy is to cancel before the next renewal.
  • Renewal Shipping: Shipping for each renewal delivery is calculated from your subscription items only. If your first order qualified for free or reduced shipping because of one-time additions — for example, an add-on product, an upsell item, or a promotional free-shipping threshold reached only with those additions — that free or reduced shipping does NOT carry over to renewals. Renewal orders are charged our standard subscription shipping rate unless the subscription items alone qualify for free shipping under a then-current promotion.
  • Refunds on Renewals: Your failure to cancel your subscription prior to a renewal date does not entitle you to a refund once the coffee has been roasted, packed, and shipped.

3a. Managing Your Subscription

  • The Manage Subscription Page: We provide a self-service Manage Subscription page reached through a secure link emailed to the address on your subscription. From that page you may, depending on your subscription’s status and history: update your delivery and contact details, save a new payment card, pause deliveries, resume a paused subscription, change the products in your subscription, move your next delivery date earlier, and cancel. Actions taken on that page are confirmed on screen and, where they change money or scheduling, by email.
  • Link Security: Management links are single-purpose and expire quickly (typically within one hour). We will never ask you for a password. If you believe someone else has accessed your subscription, contact us and we will re-secure it.
  • Changing Products: You may swap, add, or remove products on your subscription through the Manage Subscription page. Before any change takes effect you are shown a quote of the new recurring total (including recalculated shipping for your delivery address); the change is applied only when you confirm, keeps your existing billing date, and bills the new total from your next renewal onward. Product changes we make at your request over email or in person work the same way and are confirmed to you by email.
  • Changes Are Forward-Looking: Subscription changes — product swaps, address updates, card updates, pauses, and date moves — affect future renewals and deliveries. They do not modify, re-price, or refund orders that have already been placed, charged, roasted, or shipped.
  • Our Right to Adjust: If a product on your subscription is discontinued, renamed, repackaged, or becomes unavailable, we may substitute the closest available equivalent, pause the affected subscription, or cancel it with notice to you. If we cancel under this provision, you are simply not charged again; amounts already charged for delivered coffee are not refundable.

3b. Pausing a Subscription

  • Self-Service Pause: Eligible subscriptions can be paused from the Manage Subscription page for a defined number of upcoming deliveries (typically one to four billing cycles). A paused subscription skips its charges during the pause and resumes billing automatically on the scheduled resume date shown to you when you pause. You may resume early at any time from the same page.
  • Pause Is Not Cancellation: A paused subscription remains an active subscription: it retains your saved payment method and resumes charging automatically when the pause ends. If you do not want future charges at all, you must cancel, not pause.
  • Pending Discounts: If a one-time discount (such as a retention discount) is attached to your next renewal, the pause option may be unavailable until that discounted delivery has processed. This prevents a discount from being stranded or duplicated.
  • Pauses and the Delivery Minimum: Pausing does not count as a delivery and does not advance you toward the two-delivery minimum described in Section 3.

3c. Moving a Delivery Earlier (“Deliver Today”)

  • Earlier Only: Where offered, you may move your next renewal to an earlier date — any day from today up to (but not including) your current renewal date. Your entire schedule re-anchors to the new date: if you move an August 20 renewal to August 1, future renewals fall on September 1, October 1, and so on. Moving a renewal later is deliberately not offered; use a pause instead.
  • Choosing Today Means Billing Today: If you choose today, you are asking us to process your renewal immediately. You authorize the full per-delivery price (product plus applicable subscription shipping) to be charged to your saved payment method right away, and the resulting order enters our normal roasting and shipping queue. A renewal processed at your request this way is a renewal for all purposes, including Section 3’s refund provisions and progress toward the delivery minimum.
  • Requests We Fulfill Manually: For technical reasons, some subscriptions cannot re-anchor their own billing. For those, your date selection is recorded as a request: we are notified immediately, and on the day you selected we process the charge to your saved payment method and create your order. Your authorization in the paragraph above covers this fulfillment. If we cannot fulfill the request (for example, your card declines), we will contact you, and no schedule change occurs until payment succeeds.
  • One Charge Per Request: A date-move or deliver-today request results in exactly one charge per fulfilled request. Our systems enforce this; if you believe you were charged twice for one request, contact us and we will correct it.
  • Open Cancellations Block Moves: If you have requested cancellation of a subscription, date moves and early deliveries are unavailable on it while the request is open.

3d. Cancellation

  • Self-Service After the Minimum: After your second subscription payment, you can cancel your subscription at any time using the Manage Subscription page. For your security, cancellation is performed through the secure link sent to the email address on the subscription. If you hold multiple active subscriptions, you will be asked to select which one(s) to cancel; only the subscriptions you select are canceled. Cancellation takes effect at the end of your current billing period — you keep (and will receive) whatever you have already paid for, and you will not be charged again for the canceled subscription.
  • Cancellation Before the Minimum: If you ask to cancel before reaching the two-delivery minimum, your request is routed to us personally rather than processed automatically, and nothing changes in Stripe until we act on it. We reserve the right to hold you to the minimum you agreed to; in practice, when a request is made in good faith we will typically grant it as a courtesy, in which case your completed purchase simply stands as a one-time order. Repeatedly subscribing for the discount and requesting early cancellation is promotion abuse under Section 3e.
  • Requests, Confirmations, and Timing: When your cancellation is completed, we send you a written confirmation to the email on your subscription. Until you receive that confirmation, an early-cancellation request is pending, not complete. While a cancellation request is open, other changes to that subscription (product swaps, date moves, early deliveries) are locked. A renewal that processes before your request was submitted, or while your request is pending in good-faith processing time, is a valid charge under Section 3.
  • Withdrawing a Request: If you requested cancellation by mistake — or change your mind before we process it — contact us and we will clear the request; your subscription then continues unchanged on its original schedule.
  • Retention Offers: When you begin a cancellation, we may (at our discretion and subject to eligibility limits) offer you an incentive to stay, such as a percentage discount applied to your next renewal only. Accepting such an offer keeps the subscription active on its existing schedule; the discount applies to exactly one renewal and never recurs. Retention offers are not available on every subscription or every cancellation attempt, and their availability, size, and frequency may change or end at any time without notice.
  • Our Right to Cancel: We may cancel any subscription at any time — for example, for repeated payment failures, suspected fraud or abuse, discontinued products, or because we stop offering subscriptions — in which case you are simply not charged again.

3e. Discounts, Offer Codes & Promotions

  • One-Time Use: Offer codes and discount codes are single-use, one per order, and cannot be combined with other codes unless we explicitly state otherwise. Codes have no cash value, cannot be exchanged for cash, and may expire or have limited redemptions. Codes sent to you personally (including codes contained in our marketing email) are for your use only and may be invalidated if shared, published, or redistributed.
  • First Order Only: A discount applies only to the order (or, for subscriptions, only to the first charge) on which it is redeemed. All future and renewal orders are billed at full price.
  • Free-Shipping Promotions: Free-shipping thresholds are evaluated per order. Where a cart contains a subscription, the threshold may be evaluated against the subscription items alone. Qualifying for free shipping on one order (including by adding one-time items to a subscription order) does not entitle you to free shipping on any future or renewal order.
  • Abuse & Revocation: We reserve the right to refuse, revoke, or cancel any code, promotion, or resulting order at our sole discretion — including for suspected abuse, resale, unauthorized distribution of codes, self-referral schemes, creation of multiple accounts/emails to redeem offers repeatedly, or serial subscribe-and-cancel behavior aimed at harvesting subscription discounts.
  • Errors: If a code or promotion is published, functions, or is applied in error (including in an amount or scope we did not intend), we may cancel affected orders or charge the corrected amount after notifying you.
  • Social-Proof Displays: Our site may display aggregate purchase activity (for example, a count of recent buyers) computed from real order data. These displays are informational, approximate, and not a promise of availability, popularity, or price.

3f. Digital Products & Gift Cards

  • Digital Delivery: Digital products are delivered by email and/or secure download link. Download links are limited to a small number of download attempts (typically three) and may expire; contact us if you have download problems and we will make it right.
  • License, Not Ownership: Digital products are licensed to you for personal, non-commercial use. You may not resell, redistribute, publicly post, or share the files or your download link.
  • Gift Cards: Digital gift cards are delivered by email, are not redeemable for cash (except where required by law), are not replaceable if the code is shared, forwarded, or used by someone else, and are final sale. Treat a gift card code like cash.
  • Final Sale: Because digital products cannot be “returned,” all sales of digital products and gift cards are final once delivered.

4. Shipping, Delivery & Returns

  • Roasted to Order: We are a small-batch roastery; orders are typically roasted, packed, and handed to the carrier within a few business days. Stated processing and transit times are estimates, not guarantees, and may extend around holidays, market weekends, weather events, and equipment maintenance.
  • Perishable Goods: Roasted coffee is a perishable food product and cannot be returned. All sales of consumable items are final.
  • Damaged Goods: If your coffee arrives damaged, ruined, or incorrect, you must contact us within 7 days of delivery and we will make it right with a replacement or refund at our discretion. We may ask for photographs of the product and packaging to process carrier claims; please keep the package until your claim is resolved. Foreign matter found in your coffee is handled under Section 5a on the same seven-day timeline, and the remedy there (replacement or refund of the coffee) is the only remedy for it.
  • Transfer of Liability: Once a package is handed over to the shipping carrier (e.g., USPS, UPS), Der Hoffskeller is no longer liable for delays, lost packages, weather damage, or theft (“porch pirates”). Title and risk of loss pass to you upon our delivery of the package to the carrier. A carrier scan showing delivery to your address is conclusive evidence of delivery.
  • Tracking: When your order ships you will receive a tracking email. Tracking information is generated by the carrier and its accuracy and update frequency are outside our control. For marketplace orders (such as Etsy), tracking is also posted to the marketplace.
  • Incorrect Addresses: If you provide an incorrect or incomplete shipping address at checkout, we are not responsible for the misdelivery or the cost of replacement. If you catch an address error, contact us immediately — we can correct an address only before the shipping label is created. For subscriptions, it is your responsibility to keep your delivery address current on the Manage Subscription page; address changes apply to future deliveries only. Packages returned to us as undeliverable can be reshipped at your expense.
  • Delivery Conditions: Coffee in transit and on porches experiences heat, cold, humidity, and time. Normal environmental exposure during shipping and after delivery is not damage. Glass-jar products left outdoors in freezing or extreme conditions are at your risk once delivered.
  • Shipping Area: We ship primarily within the United States. Where international shipping is offered on a specific channel, you are the importer of record and are responsible for any customs duties, taxes, inspections, and delays imposed by the destination country.

4a. In-Person Sales, Markets & Self-Checkout Kiosk

  • Point-of-Sale & Kiosk: At farmers markets and events we sell in person and may offer a self-checkout kiosk. When you use the kiosk or otherwise buy from us in person, these Terms apply to that purchase. You are responsible for accurately selecting your items and entering any information (such as an email for a receipt) into the kiosk. Kiosk purchases where you take the goods with you are deemed delivered at the point of sale.
  • In-Person Sales Are Final: In-person and kiosk sales of coffee and other perishable goods are final. Our damaged-goods policy above still applies if a sealed product is defective.
  • Free Samples: We may offer free samples of prepared coffee at markets and at our location. Samples are consumed at your own risk and are subject to the health, caffeine, allergen, and assumption-of-risk provisions of these Terms.
  • Event Schedules: Market and event dates, times, and locations are subject to change or cancellation (including for weather) without notice, and our attendance is not guaranteed.

4b. Marketplace Sales (Etsy and Similar Platforms)

  • Platform Terms Apply: When you purchase our products through a third-party marketplace such as Etsy, your purchase, payment, and platform account are governed by that marketplace’s own terms, policies, and payment systems. We do not control the marketplace and are not responsible for its operation, fees, currency conversion, or checkout experience.
  • Our Product Terms Still Apply: The provisions of these Terms that concern the products themselves — including product variability (Section 2), perishability and returns (Section 4), health and assumption of risk (Section 5), foreign matter and equipment (Section 5a), glass-jar handling (Section 6), and degassing and pressurization (Section 7) — apply to our products regardless of the channel through which you bought them, to the fullest extent permitted by the marketplace’s policies and applicable law.
  • Order Handling: To fulfill a marketplace order, we receive and process the order details the marketplace provides (such as your name, shipping address, items, and order identifiers) in our own order and shipping systems, and we may send you the same operational emails (such as shipping and tracking notices) that we send our website customers. Marketplace refund and dispute processes run through the marketplace itself; contact us first and we will work within those processes to make it right.
  • No Off-Platform Circumvention Required: Nothing in these Terms requires you to transact off the marketplace, and where a marketplace policy conflicts with these Terms for a marketplace purchase, the marketplace policy controls for that purchase.

4c. Third-Party Gift Shop

  • Our branded merchandise (apparel, mugs, and similar non-food items) may be sold through a separate print-on-demand storefront operated by a third party (for example, Printful). Orders placed on that storefront are manufactured, billed, shipped, and supported by that provider under its own terms, returns policy, and privacy policy. These Terms govern only our trademarks and content appearing on those products.

4d. Gifts and Purchases for Others

  • You Are the Customer: If you buy our products as a gift or on behalf of another person, you are our customer for that order: these Terms bind you, the payment obligations are yours, and communications about the order go to you unless you direct otherwise at checkout.
  • Recipient Information: You represent that you have the recipient’s permission to give us their name and delivery address for shipping, and that the address is accurate. Providing a recipient’s email or address does not subscribe them to marketing — marketing consent belongs to the person who gives us their own email.
  • Convey the Warnings: If you gift our coffee, you agree to convey the foreign-matter, equipment, handling, degassing, and safety warnings in Sections 5 through 7 to the recipient. As between you and us, opening risks are assumed by whoever opens the jar, and the waivers in those sections apply to the product itself.
  • Gifted Subscriptions: A subscription purchased for another person remains under your control and your saved payment method; the delivery-minimum, renewal, and cancellation provisions of Section 3 apply to you as the purchaser.

4e. Personal Use Only — No Resale

  • Our products are sold for personal, household, and gift use. You may not purchase for systematic resale, commercial redistribution, or export without a written wholesale arrangement with us. We may cancel orders that appear to be unauthorized resale purchasing (unusual quantities, freight forwarders, repeated maximum-quantity orders) and may decline future orders from resellers.
  • If you are interested in stocking Der Hoffskeller coffee commercially, contact us — we would genuinely love to talk, we just want to know it is happening.

5. Health, Safety, and Assumption of Risk

  • Inherent Risks: Coffee contains caffeine. Hot water is hot. By purchasing, you accept all inherent risks associated with brewing and consuming coffee, including but not limited to burns, jitters, sleep disruption, or allergic reactions.
  • Caffeine Sensitivity: Caffeine content varies by bean, roast, grind, and brewing method and is not standardized per serving. If you are pregnant or nursing, sensitive to caffeine, taking medication that interacts with caffeine, or advised to limit caffeine for any medical reason, consult your physician before consuming our products. Nothing we publish is medical advice.
  • Extreme Consumption: If you drink a half-gallon of our cold brew and attempt to vibrate through a solid wall, we are not legally responsible for your resulting concussion or property damage.
  • Grinding and Brewing Equipment: Grinders, kettles, brewers, and pressurized brewing devices are manufactured by third parties and used at your own risk under their manufacturers’ instructions. Coffee is a crop and can contain stones or other foreign matter, and we do not destone it: inspect beans before grinding, stop your grinder immediately if it jams, and read Section 5a, which recommends a simple blade grinder and governs foreign matter and every kind of damage to your equipment.
  • Storage: Coffee is shelf-stable but degrades with air, light, heat, and moisture. Store sealed containers in a cool, dry place. Product past its peak freshness is not defective.
  • Emotional and Psychological Waiver: You explicitly waive any right to claim or sue for emotional distress, psychological damage, mental anguish, trauma, or loss of enjoyment of life arising from the use of our website, the consumption of our products, our marketing materials, or any interactions with our brand.
  • Allergen Acknowledgment: While our primary product is coffee, our facilities or our suppliers’ facilities may handle or process common allergens. You assume all risk of severe or minor allergic reactions and explicitly waive any related claims against us.

5a. Foreign Matter, Grinders & Brewing Equipment

  • Coffee Is a Crop, and We Do Not Destone It: Green coffee is picked, dried, and milled on farms, often by hand, and arrives with the occasional small stone, twig, husk fragment, corn kernel, seed of another plant, clod of soil, or — very rarely — a fragment of metal, glass, or plastic from processing at origin. Roasting does not remove these: a stone roasts right alongside the beans and comes out looking very much like one. We are a small family roastery and we do not operate a mechanical destoner; nothing in our roasting, sorting, or hand-packing process is designed to, or can, guarantee the removal of foreign matter. We do not warrant, promise, or represent that any bag, jar, or scoop of our coffee is free of foreign matter. Its occasional presence is a known, inherent characteristic of the product you are buying, not a defect in it, and by purchasing you accept that characteristic.
  • Inspect Before You Grind: Because of the above, you agree to inspect your coffee before grinding or brewing it: pour the beans out, look them over, and remove anything that is not a coffee bean. Stop your grinder immediately if it jams, stalls, labors, or makes an unusual sound, and clear it by hand according to the manufacturer’s instructions. Never force a jammed grinder, and never grind beans from a jar that arrived cracked or chipped (Section 6). This inspection is your responsibility every time, and it is the single most effective protection your equipment has.
  • Our Grinder Recommendation — Cheap Blades, Not Burrs or All-in-Ones: Because we do not destone, we recommend grinding our coffee in a simple, inexpensive blade grinder — the kind sold everywhere for around twenty dollars. A blade grinder shrugs off a stray stone that would score or jam a burr set, and if one ever does fail, it is the cheapest piece of coffee equipment there is to replace. We recommend against using burr grinders, and against all-in-one bean-to-cup or super-automatic machines that grind internally, with our coffee. If you choose to use a burr grinder, an all-in-one machine, or any other grinder — expensive ones especially — you do so entirely at your own discretion and risk, with knowledge of this recommendation, and the exclusion below applies in full. This recommendation is advice about risk, not a warranty: a blade grinder can be damaged too, and we are not liable for that either.
  • No Liability for Equipment Damage — Any Cause, Any Equipment: To the maximum extent permitted by law, Der Hoffskeller is not liable for damage to, wear of, malfunction of, or loss of use of any equipment used to store, grind, brew, dispense, or serve coffee — including but not limited to burr grinders and blade grinders of every kind (electric, manual, and those built into espresso, bean-to-cup, and “super-automatic” machines), espresso machines, drip and pour-over brewers, single-serve and pod machines and any reusable pods or capsules, French presses, percolators, moka pots, cold-brew systems, filters, screens, hoppers, dosers, kettles, scales, and any other appliance, tool, or accessory — arising from any characteristic of our coffee, including foreign matter, surface oils, chaff, fines and dust, grind size, bean density or hardness, moisture content, static, or degassing. This exclusion covers repair and replacement costs, diagnostic and shipping fees, spoiled coffee, lost time, and every other direct, indirect, incidental, or consequential loss, and it applies however a claim is framed — contract, warranty, negligence, strict liability, or otherwise. You assume these risks in full by purchasing and using our coffee, whether or not you follow the grinder recommendation above.
  • Oily Beans and Automatic Machines: Roasted coffee — darker roasts especially — carries natural surface oils that increase as the coffee ages after roasting. Oils and chaff build up on burrs, chutes, hoppers, and brew units, and many manufacturers of bean-to-cup, super-automatic, and grinder-equipped machines warn against oily beans or exclude oil-related clogging from their warranties. Whether our coffee suits your particular machine is your decision to make, using your machine’s manual. We are not liable for clogging, residue build-up, sticking, reduced performance, or a manufacturer’s refusal of warranty service attributable to using our coffee, and cleaning your equipment on the schedule its manufacturer recommends is your responsibility.
  • Chaff, Fines, and Dust: Roasted coffee sheds chaff (the papery skin of the bean) and produces fines and dust when ground. These are natural, are not contaminants, and can collect in grinders, brew baskets, screens, and reusable filters. Regular cleaning is part of owning coffee equipment; accumulation from normal use is not damage caused by us.
  • Grind Size and Ground Coffee: When we grind coffee for you, it is ground to a single general-purpose setting (a medium-fine grind) chosen to work acceptably across common home brewers; we do not grind to order for specific machines. A general-purpose grind may run slow, choke, over-extract, over-pressure, overflow, or clog in equipment designed for a different grind — espresso machines and pod machines in particular. Matching grind to equipment is your responsibility, and we are not liable for the consequences of a grind that does not suit a particular device. Ground coffee also cakes more readily in humidity and stales faster than whole bean; neither is a defect.
  • Fresh Coffee Behaves Like Fresh Coffee: Because we ship close to the roast date, our coffee off-gasses carbon dioxide vigorously (Section 7). In a brewer that can mean an energetic bloom, foaming, grounds that swell and overflow a basket or a reusable pod, or pressure behavior in an espresso machine that differs from stale supermarket coffee. Adjust your dose, grind, and technique for fresh coffee; these behaviors are characteristics of freshness, not faults, and we are not liable for mess, overflow, or equipment effects arising from them.
  • Hard Beans and Small Grinders: Lighter roasts and dense, high-grown beans are physically harder to grind and place more load on burrs and motors. Underpowered or worn grinders may strain, overheat, or stall on them. Grinder selection, maintenance, and the decision to grind a given coffee in a given device are yours, and burr wear from normal grinding is ordinary consumable wear, not damage we caused.
  • Follow the Manufacturer, Not Us: Grinders, brewers, and coffee machines are manufactured by third parties and are used under their instructions and warranties, not ours. Nothing we publish about brewing is an instruction for your specific equipment or a promise about how it will perform, and we are not a party to any dispute between you and an equipment manufacturer, retailer, or warranty provider.
  • Your Sole Remedy for Foreign Matter: If you find a stone or other foreign matter in your coffee, we genuinely want to know — it helps us and the farmers we buy from. Contact us within seven (7) days of delivery with a photograph, and we will replace the affected coffee or refund the price you paid for it, at our discretion. That replacement or refund is your sole and exclusive remedy for foreign matter, for any characteristic of the coffee described in this section, and for any resulting effect on your equipment; no claim for equipment repair, replacement, or related losses will be accepted.
  • These Terms Travel With the Coffee: This section applies to our coffee no matter where you bought it — website, subscription, market, kiosk, marketplace, or as a gift — and, as between you and us, to whoever grinds or brews it. If you give our coffee to someone else, you agree to pass these warnings along (Section 4d).

6. “The Big Hoff” (Glass Jar Liability)

  • Packaging: “The Big Hoff” ships our flagship coffee in a half-gallon glass mason jar. We use ample bubble wrap to protect it in transit.
  • Extreme Caution Required: By ordering, you expressly agree to use extreme caution when opening, handling, and storing the package. Glass is inherently fragile and can break, shatter, or splinter.
  • Inspect Before Use: Inspect the jar, lid, and seal on arrival. If you see cracks, chips, or glass fragments, do not open or use the product — photograph it and contact us under the damaged-goods provision of Section 4.
  • Absolution of Liability: Der Hoffskeller is wholly absolved of liability for any injuries (including cuts, lacerations, or dropped items) or property damage incurred through mishandled, misused, or dropped jars, lids, or packaging. This provision applies to every product we sell in glass, in every size, through every sales channel.

7. Coffee Degassing & Pressurization (The “Off-Gassing” Warning)

  • The Natural Degassing Process: We package our coffee at peak freshness. Freshly roasted coffee naturally releases carbon dioxide (CO2) for several days to weeks after roasting, a process known as degassing or off-gassing.
  • Pressure Build-Up: Because our coffee is sealed in airtight or semi-airtight glass jars (including “The Big Hoff”) while still actively degassing, significant internal pressure can and will naturally build up inside the container during transit and storage.
  • Explosive Release and Opening Risks: Upon opening the jar, this trapped pressure will forcefully release. You fully acknowledge that breaking the seal or opening the lid may result in a loud “pop,” hissing, the sudden and forceful expulsion of the lid/cap, or the unexpected spraying of coffee beans, chaff, or coffee dust.
  • Total Waiver of Liability for Pressurization Events: By purchasing and opening our products, you assume all risks associated with opening pressurized glass containers. Der Hoffskeller is strictly and explicitly not liable for any direct, indirect, or consequential damage, injury, or loss of product caused by this sudden release of pressure. This absolute waiver includes, but is not limited to: eye injuries from flying debris or lids, physical harm from startled reactions (such as dropping the jar), property damage to ceilings, walls, or light fixtures, or lacerations from glass compromised by internal pressure or mishandling. You agree to open all containers slowly, carefully, and pointed away from your face, body, and fragile objects.
  • These Warnings Travel With the Product: The acknowledgments in Sections 5a, 6 and 7 apply whether you bought the jar from our website, at a market, through our kiosk, through a marketplace such as Etsy, or received it as a gift — and by giving one of our glass-jar products as a gift, you agree to convey these warnings to the recipient.

8. Data Collection, Tracking, & Email Marketing Consent

  • Active Tracking & Profile Building: By using our website, you consent to our use of advanced tracking software. We collect and store data including your page journey, device type, session duration, and cart contents. If you begin a checkout process, we capture and store your inputs (including name, email, and physical address) in real-time, even if you abandon your cart or do not complete the purchase.
  • Advertising Click Identifiers: When you arrive at our site from an advertisement, the advertising platform may append a click identifier to the address (for example, Google’s gclid, Meta’s fbclid, or X’s twclid). We capture and store these identifiers with your session and, if you purchase, with your order, and we transmit them back to the originating platform to attribute the sale to the ad.
  • Email Marketing Consent: By entering your email address anywhere on our site, you explicitly consent to receive marketing communications from us. You understand and agree that you will receive at least one email, which may include abandoned cart reminders, newsletters, or promotional offers. You may securely unsubscribe at any time using the link provided at the bottom of our emails; our unsubscribe suppression is permanent unless you re-consent.
  • Geocoding & Location-Based Marketing: We process the physical address you provide to determine your approximate geographic coordinates (latitude and longitude) using a third-party geocoding service. We use this data to send hyper-local email alerts when Der Hoffskeller is operating at a physical market or event near your location.
  • Third-Party Advertising Pixels & Customer-Match Audiences: We utilize third-party tracking technologies, including Meta (Facebook) Pixel, Google Ads, X (Twitter) Ads conversion tracking, and Microsoft Advertising conversion tracking, to measure ad performance and deliver targeted advertising. We may also upload customer identifiers (such as your email, name, city/state, and zip code, in hashed form where supported) to these platforms to build customer-match advertising audiences. By using our Service, you consent to the transmission of certain browsing and purchase data to these third parties, who process it under their own privacy policies.
  • Google Customer Reviews: If enabled, after a completed order we may present Google’s Customer Reviews opt-in survey. If you opt in, your email address and order details are shared with Google so it can email you a review request. This is voluntary and governed by Google’s terms and privacy policy.
  • AI-Agent Discoverability: We publish machine-readable information about our store and products (for example, structured data and an agent index file) so that AI assistants and shopping agents can find and describe our products. Any purchase an AI agent facilitates on your behalf is still completed through our standard checkout and is subject to these Terms, exactly as if you had placed it yourself.
  • AI-Assisted Operations: We use AI tools to help run our business — for example, to summarize store activity, assist with customer service, and help administer orders and subscriptions. Where those tools process order or customer information, they do so on our behalf as described in our Privacy Policy; they do not change what you are charged or what these Terms say.
  • Transactional vs. Marketing Email: Unsubscribing from marketing email does not stop transactional messages (order confirmations, receipts, shipping/tracking notices, review-verification messages you request, and subscription, renewal, or cancellation notices), which we send as part of fulfilling your order.

8a. AI Shopping Assistant

  • Automated Assistant: Our website may offer an AI-powered chat assistant. It is an automated system, not a human, and its responses may occasionally be inaccurate, incomplete, or outdated. Product prices, availability, promotions, and policies are governed solely by the checkout page and these Terms — nothing the assistant says constitutes a binding offer, price, warranty, or modification of these Terms.
  • Processing: Chat conversations may be logged and are processed by third-party AI providers to generate responses. Do not enter payment card numbers, passwords, or other sensitive information into the chat.
  • No Advice: The assistant’s statements about health, caffeine, acidity, or allergens are general information only, not medical advice.

8b. Communications We Send

  • Transactional messages (always sent): order confirmations and receipts; shipping and tracking notices; digital-download delivery; subscription confirmations and renewal notices; confirmations when you (or we, at your request) change your subscription’s products, payment card, address, schedule, or delivery date; pause and resume confirmations; cancellation confirmations; review-verification messages you trigger by submitting a review; and responses to your support requests. These are part of fulfilling your order and cannot be unsubscribed from while keeping the underlying service.
  • Marketing messages (optional): newsletters, offers, win-back and abandoned-cart reminders, and local market alerts. Every one carries an unsubscribe link, and unsubscribing is permanent unless you opt back in.
  • Deliverability Is Shared Responsibility: All of the above are sent to the email address you provide. Messages that land in spam folders, are blocked by your provider, or go to a mistyped or abandoned address are still deemed sent. Add our sending addresses to your contacts, and keep your subscription email current on the Manage Subscription page — a renewal, tracking, or cancellation notice you did not see is not grounds for a refund or dispute.
  • No SMS: We do not currently send marketing or transactional text messages. Anyone texting you claiming to be Der Hoffskeller is not us.

9. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  • For any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
  • To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate;
  • To submit false or misleading information — including fake, incentivized-without-disclosure, or manipulated product reviews, or reviews of products you have not genuinely experienced;
  • To attempt to scrape, harvest, or bulk-download our content, prices, reviews, or customer information, including for the purpose of training machine-learning models, without our written permission (the machine-readable files we deliberately publish for AI agents are excluded from this restriction);
  • To probe, overload, disrupt, or interfere with our site, checkout, webhooks, self-checkout kiosk, or subscription-management pages, or to use another person’s secure management link;
  • To test stolen payment cards, place fraudulent orders, or abuse promotions as described in Section 3e;
  • To upload or transmit worms, viruses, spam, phishing attempts, or any other type of malicious code;
  • To collect or track the personal information of others.

10. Intellectual Property & User Submissions

  • Our Content: Everything on this site—including text, pictures, graphics, our code, and our logo—belongs to Der Hoffskeller and is protected by copyright and intellectual property laws. You cannot copy, reproduce, or use it without our explicit prior written permission.
  • Your Submissions: If you send us creative ideas, suggestions, product reviews, fan mail, or other materials, you grant us the unrestricted right to edit, publish, distribute, translate, and otherwise use those submissions in any medium without compensation or attribution to you.
  • Product Reviews: By submitting a review (including any photo you upload), you represent that it reflects your genuine experience, and you grant us a perpetual, royalty-free license to display it publicly on our website and in our marketing — including your first name (and last initial or name as submitted) and photo. We may moderate, edit for length or clarity, decline to publish, or remove any review at our sole discretion. Reviews reflect individual experiences; results (including experiences relating to acidity or digestive comfort) vary and are not guarantees or medical claims.
  • No Purchased Reviews: We do not pay for reviews or condition discounts on positive reviews. If we ever invite reviews with a neutral incentive (for example, a chance at a giveaway regardless of star rating), the invitation says so. Reviews we import from other platforms where we legitimately collected them (for example, our own social pages) may be displayed with their source noted.
  • Email Verification Is Required: Review submissions require email verification. After you submit, we send a verification link to the email address you provided; until you click it, your review is not published, is not visible in our systems, and is treated as abandoned. Unverified submissions (including any photo attached to them) are deleted automatically after approximately 30 days. Verified reviews are then subject to our normal moderation before publication.
  • Where Review Content Appears: The license you grant covers display of your review and photo anywhere we present our products and reputation — including product pages, review pages and pop-ups, themed review showcase pages, photo galleries assembled from customer and shop photos, sliders, our marketing email, and our advertising. You may request removal at any time by contacting us, and we will remove the review from future display within a reasonable time (already-printed or already-sent materials cannot be recalled).
  • Claimed Infringement: If you believe content on our site infringes your copyright or trademark, contact us with the specifics (what content, where it appears, and proof of your rights) and we will review and, where appropriate, remove it promptly.

11. Disclaimer of Warranties; Limitation of Liability

If our site links to a third-party website, or we use a third-party app, we are not responsible for examining or evaluating their content or accuracy. We carry no liability for third-party materials or websites.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Our site and products are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Der Hoffskeller, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, arising from your use of any of the service or any products procured using the service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPLICITLY WAIVE YOUR RIGHT TO SUE DER HOFFSKELLER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO CLAIMS ARISING OUT OF OUR OWN NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY. THIS INCLUDES A COMPLETE AND UNCONDITIONAL WAIVER OF ALL CLAIMS FOR EMOTIONAL DISTRESS, MENTAL ANGUISH, PAIN AND SUFFERING, OR ANY OTHER NON-ECONOMIC DAMAGES.

If a total failure of service or product occurs, our maximum cumulative legal liability is strictly and explicitly limited to the exact dollar amount you paid us for the specific order in question. By ordering, you accept and agree to this maximum possible liability cap.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11a. Site Availability, Caching & Maintenance

  • Availability: We aim to keep the Site available around the clock, but it may be interrupted for maintenance, updates, hosting incidents, or forces beyond our control. Interruption of the Site does not suspend an active subscription’s billing schedule; self-service actions you could not perform during an outage can be performed when service resumes or by contacting us.
  • Caching: For performance, pages may be served from cache. In rare cases a cached page can briefly show outdated pricing, availability, review counts, or promotional displays. The authoritative price and contents of your order are the ones shown at checkout and charged by our payment processor, as recorded in your order confirmation.
  • Feature Changes: Self-service features (such as pause options, date moves, retention offers, and review tools) are conveniences we may add, modify, limit, or remove at any time. Removing a convenience never removes your underlying rights under these Terms — cancellation, for example, is always available by contacting us even if a button is not.

12. Force Majeure

We shall not be liable for any failures or delays in fulfilling orders or performing our obligations under these Terms caused by events outside our reasonable control, including but not limited to acts of God, extreme weather, natural disasters, roasting-equipment failure, green-coffee supply interruptions, carrier strikes, supply chain collapses, payment-network or hosting outages, global pandemics, or localized zombie outbreaks.

13. Indemnification

You agree to indemnify, defend and hold harmless Der Hoffskeller and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Dispute Resolution & Governing Law

  • Talk to Us First: Before initiating any formal proceeding, you agree to give us a chance to resolve the issue informally: send us a written description of your complaint and the outcome you want, and allow thirty (30) days for us to respond and attempt resolution. Most problems are a mis-shipped bag of coffee, and we fix those with embarrassing speed.
  • Governing Law: These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Wisconsin, United States. Any disputes will be handled exclusively in the state or federal courts located in Wisconsin.
  • Mandatory Binding Arbitration: INSTEAD OF SUING IN COURT, you agree that any claim, dispute, or controversy arising out of or relating to these Terms, our products, or your use of the website shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. YOU EXPLICITLY WAIVE YOUR RIGHT TO A CIVIL LAWSUIT AND A JURY TRIAL.
  • Arbitration Procedure: Arbitration will be conducted by a single arbitrator, in English, under the AAA Consumer Arbitration Rules then in effect, with any in-person proceedings held in Wisconsin or, where those rules require, in a location reasonably convenient to you. Payment of filing and arbitrator fees is governed by the AAA consumer fee schedule. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this arbitration agreement, may award the same individual relief a court could, and must issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction.
  • Small-Claims Exception: Either party may instead bring an individual claim in small-claims court in a court of competent jurisdiction, so long as the claim remains individual and within that court’s limits.
  • Class-Action Waiver: YOU EXPLICITLY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST US. All legal claims and disputes must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
  • Time Limitation on Claims: You agree that any claim or cause of action arising out of or related to your use of the Service, our products, or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred and legally invalid.

15. Severability, Assignment & Entire Agreement

  • Severability: In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
  • No Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A one-time courtesy (such as granting an early cancellation, a replacement, or a refund we were not obligated to give) does not obligate us to repeat it.
  • Assignment: You may not assign or transfer these Terms or your subscription to anyone else without our written consent. We may assign our rights and obligations under these Terms in connection with a sale, merger, or reorganization of our business.
  • Survival: Sections concerning payment, assumption of risk (Sections 5-7), licenses to submitted content, disclaimers and limitations of liability, indemnification, and dispute resolution survive completion of any order and any termination of these Terms.
  • Headings: Section headings are for convenience only and do not limit or affect the meaning of the sections.
  • Entire Agreement: These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

16. Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes. For subscriptions, the version of these Terms in effect at the time of each renewal governs that renewal, and accepting a renewal constitutes acceptance of the then-current Terms.

17. Legal, Licenses, and Registrations

For transparency and compliance, our current licensing and registration information is provided below: