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7 Cups Terms of Service

Effective Date: January 24, 2024

THESE TERMS OF SERVICE CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS WITH RESPECT TO ANY DISPUTE BETWEEN YOU AND 7 CUPS AND REQUIRES THE MANDATORY ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. YOU HAVE THE RIGHT TO OPT OUT. VIEW THESE TERMS IN SECTION 11 OR CLICK HERE

Welcome to 7 Cups! Thank you for using our products and services. The Services are provided by 7 Cups of Tea, CO (“7 Cups,” “we,” “us” and “our”), mailing address 1201 Orange St. #600, Wilmington, DE 19899, toll-free phone 844-755-8757.

These 7 Cups Terms of Service informs you of the terms, conditions, disclaimers, notices, policies, and agreements (collectively, “Terms”) apply when you access, use or visit our website located at https://www.7cups.com/ (the “Site(s)”), the mobile applications available on iOS and Android stores (the “App(s)”), or the services we provide through the Site (collectively, the “Service(s)”). BY AFFIRMATIVELY ACKNOWLEDGING YOUR AGREEMENT TO THESE TERMS OF USE, YOU ARE AGREEING TO THESE TERMS OF USE, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND 7 CUPS. YOUR CONTINUED ACCESS AND USE OF THE SERVICE ARE CONDITIONAL ON YOUR ACCEPTANCE OF AND CONTINUED COMPLIANCE WITH THE TERMS OF USE SET OUT BELOW. Please read these Terms and any other agreements referenced in this document carefully. If you do not agree to be bound by these Terms, you may not use or access the Service.

Click on the links below to jump to specific section of the Terms.

Table of Contents

1. Using our Services
2. Prohibited Use of Our Services
3. Our Intellectual Property Right
4. Your Content in Our Services
5. Privacy
6. About Software in Our Services
7. Warranties and Disclaimers
8. Liability for Our Services
9. Indemnity
10. Copyright Infringement Notices
11. Dispute, Arbitration and Class Action Waiver
12. Termination
13. Miscellaneous
14. Changes to these Terms
15. Contact Us

1. Using our Services

a. Representations and Age Restriction.

When you use our Services, you represent and warrant that: (a) the information and details you submit to the Services are true and correspond to reality; (b) your use of the Services does not violate any applicable law or regulation. You affirm that you are at least 13 years of age and a “natural person” in your country of residence, and are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set for in these Terms, and to abide and comply with these Terms.

b. Listening and Therapy Services.

DO NOT USE OUR SERVICE FOR EMERGENCIES. 7 CUPS LISTENERS ARE NOT TRAINED OR QUALIFIED TO ASSIST THOSE IN CRISIS. ALL CRISIS CHATS WILL BE TERMINATED IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

You acknowledge and agree that Listeners and Therapists are neither employees nor agents nor representatives of 7 Cups, and 7 Cups assumes no responsibility for any act or omission of any such Listener or Therapist.

You understand and agree that, although a mental or medical health professional, physician, attorney or other professional Listener or Therapist may have been accessed through 7 Cups, 7 Cups cannot predict or assess the competence of, or appropriateness for your needs, of the professional or other Listener or Therapist. You also acknowledge and agree that you take full responsibility for the decision to access a Listener or Therapist through the Site and to continue to interact with the Listener or Therapist, and that the role of 7 Cups is strictly limited to providing access to such Listeners and Therapists for your consideration.

Your relationship relating to the Listening and Therapy Services is strictly with the Listener or Therapist. We are not involved in any way with the actual substance of that relationship or any part of the Listening or Therapy Service (whether provided through the Platform or not). Information shared between User and Therapist during online therapy services may be reviewed periodically by 7 Cups to conduct quality control, address potential safety issues, and prevent misuse of our platform, if certain suspicious or potentially harmful activity is detected. We may also use aggregated data from chat transcripts to conduct research and development. In reviewing this information, 7 Cups will maintain all applicable confidentiality/HIPAA/privacy standards.

7 Cups makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Listening Platform or the Sites, (b) the willingness or ability of the Listener or Therapist to listen, (c) the willingness or ability of any Listener or Therapist to give advice, (d) whether the Member shall find a Listener or Therapists useful or satisfactory, (e) whether the Member shall find a Listener or Therapist’s advice relevant, useful, accurate or satisfactory, (f) whether the listening of the Listener or Therapist will be helpful, (g) whether the advice of the Listener or Therapist will be responsive or relevant to the Member’s question, or (h) whether the Listener or Therapist’s advice will otherwise be suitable to the Member’s needs.

7 Cups does not verify the skills, degrees, qualifications, credentials or background of any Listeners. While 7 Cups does verify the license, qualifications and credentials of Therapists providing services through 7 Cups, you acknowledge that we do not guarantee such verification of the skills, degrees, qualifications, credentials, competence or background of any Therapist. It is your responsibility to conduct independent verification regarding any Therapist that provides you with Therapy Services (whether through the Platform or not). WE STRONGLY RECOMMEND THAT YOU CHECK THE CERTIFICATION AND/OR LICENSING OF THE MEDICAL PROFESSIONAL, MENTAL HEALTH PROFESSIONAL, PHYSICIAN, ATTORNEY OR OTHER PROFESSIONAL LISTENER WITH THE APPLICABLE STATE LICENSING BOARD OR AUTHORITIES IN THE LISTENER’S STATE OR COUNTRY.

In case you make a payment through the Platform, or make any payment to us, this payment is made to the Therapist for the Therapist Services. We may charge the Therapist by taking a portion of this payment for the use and operation of the Platform (“Platform Use Fees”). However, we will not be deemed as the Therapist of any Therapy Services regardless of payment. Furthermore, the payment for the use of the Platform is made by the Therapist and not by you.

7 Cups provides bulletin boards which allow Members to post questions about various topics and allow Listeners, Therapists and Members to volunteer answers to such questions. Information and advice found on 7 Cups is intended for general information purposes only and does not replace a meeting with a professional. You are encouraged to verify any information provided on 7 Cups. Any reliance on information is done at your sole risk and liability.

7 CUPS DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY LISTENERS OR THERAPISTS AND 7 CUPS WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

c. Your 7 Cups Account

You need a 7 Cups account (“User Account”) in order to use our Services. You may create your own 7 Cups member and/or listener account. To create a User Account, you must be at least 13 years old, a “natural person” in your country of residence, and you must provide truthful and accurate information about yourself. You may hold only one member and one listener account. You may not use another person’s User Account. You agree that you are responsible for all activities under your User Account, and for maintaining the confidentiality of your password and restricting access to your devices so that others may not access our Services in violation of these Terms. Each time you use a password or identification, you will be deemed to be authorized to access, confirm your agreement on the updated Terms of Use from time to time, and use the Services in a manner consistent with these Terms. 7 Cups has no obligation to investigate the authorization or source of any such access or use of the Services. You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of the Services is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You agree to immediately notify 7 Cups of any unauthorized use of your password or identification or any other breach or threatened breach of the Services’ security that you become aware of involving or relating to the Services by contacting 7 Cups Help Center. We reserve the right to take any and all actions we deem necessary or reasonable to maintain the security of our Services and your User Account, including without limitation, terminating your User Account, changing your password or requesting information to authorize transactions on your User Account.

d. Chatbots

7 Cups utilizes cutting-edge technology including complex algorithms and machine learning to deliver limited, interactive chat features with our Chatbots.

You understand and agree that, although a Chatbot may have been accessed through 7 Cups, 7 Cups cannot predict or assess the Chatbot’s competence of, or appropriateness for your needs. You also acknowledge and agree that you take full responsibility for the decision to access a Chatbot through the Site and to continue to interact with the Chatbot, and that the role of 7 Cups is strictly limited to providing access to such Chatbots for your consideration.

7 CUPS DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR ADVICE PROVIDED BY CHATBOTS AND 7 CUPS WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE.

e. Business Uses of Our Services

If you are using our Services on behalf of a business or organization, that business or organization accepts these terms. It will hold harmless and indemnify 7 Cups and its affiliates, officers, directors, shareholders, employees, sub-contractors, representatives, and agents from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgements, litigation costs, and attorneys’ fees.

2. Prohibited Use of Our Services

While using the Services, you are required to comply with all applicable statutes, orders, regulations, rules and other laws. You are prohibited to, or assist any other persons to:

  • use the Services to send or post harassing, abusive, or threatening messages;
  • soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens our relationships with our partners, customers or suppliers;
  • attempt to conceal or misrepresent the identity of the sender or person submitting the information, or otherwise invade someone’s privacy;
  • disrupt the normal flow of the Services, including any dialogue on the Services or otherwise act in a manner that negatively affects other participants;
  • transmit through the Services any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable;
  • use the Services or any Content or User Content to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
  • post or generate User Content or use the Services that is intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the Content or its dissemination is unlawful;
  • post or generate User Content or use the Services that has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors (“Children”), such as images of Children in sexualized costumes, poses, or a sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm Children in any way;
  • post or generate User Content or use the Services which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm;
  • post or generate User Content or use the Services in such a way that damages the image or rights of 7 Cups, other users or third parties;
  • send spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content;
  • post or transmit executable programming of any kind, including viruses, spyware, trojan horses, Easter eggs, or any other form of computer programming or disabling mechanism;
  • use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Services or the Content in whole or in part, including, without limitation, creating any frames at any other Services pertaining to any portions of this Services;
  • attempt to circumvent, disable or otherwise interfere with security-related features of the Services that prevent or restrict use or copying of any Content or enforce limitations on use of the Services; or
  • intentionally or unintentionally perform or promote any activity that would violate any applicable local, provincial/state, national or international law, including, but not limited to, any regulations having the force of law while using or accessing the Services.

3. Our Intellectual Property Right

a. 7 Cups Materials

All names, logos, text, designs, graphics, trade dress, characters, interfaces, code, software, images, sounds, videos, photographs and other content appearing in or on the Service (“Material”) are protected intellectual property of, or used with permission or under license by 7 Cups and/or its licensors. Such Material may be protected by copyright, trademark, patent or other proprietary rights and laws. This includes the entire Material of the Service, copyrighted and protected as a collective work. All intellectual property rights associated with the Service, and related goodwill, are proprietary to us or our licensors. You do not acquire any right, title or interest in any Material by accessing or using the Service. Any rights not expressly granted herein are reserved and retained by 7 Cups and its affiliates, parents, and subsidiaries.

b. License Granted by 7 Cups

Subject to your compliance with these Terms, 7 Cups offers you a limited, non-exclusive, non-transferable, non-sub licensable license to access the Services and to access, download, and make personal and non-commercial use of Material available on through the Services. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit for any reason any part of the Services for any commercial purpose without the express written consent of 7 Cups. You may only use the Services and Material as permitted by law. To use Material under such an exception, you must (1) keep any copyright, trademark, or other proprietary notices intact, (2) use such Material pursuant to any licenses associated with such Material, (3) not copy or post such Material on any networked computer or broadcast it in any media, (4) make no modifications to any such Material, and (5) make no additional representations or warranties relating to such Material. Except as otherwise expressly authorized herein or in writing by 7 Cups, you agree not to reproduce, modify, rent, lease, perform, display, transmit, loan, sell, distribute, or create derivative works based (in whole or in part) on all or any part of the Service or the Material. 7 Cups reserves the right to refuse Service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests.

4. Your Content in Our Services

a. User Content

Some of our services allow you to upload, submit, store, send or receive through our Services information or content (“User Content”). You retain ownership of all User Content you submit, post, display, or otherwise make available via the Services. You agree, represent and warrant that you have all rights necessary to submit the User Content. You shall not upload, post or otherwise make available on or through our Services any User Content protected by copyright, trademark or other proprietary rights of any third party without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. PLEASE DO NOT SEND US ANY USER CONTENT, IDEAS, SUGGESTIONS, OR OTHER USER CONTENT THAT YOU WISH TO KEEP PRIVATE OR PROPRIETARY OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

b. License Granted by You

By submitting, displaying, posting, publishing or uploading any User Content, including information, text, graphics or other materials, using the Services, you grant 7 Cups and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (“Licensed Parties”) a non-exclusive, fully-paid, royalty-free, irrevocable, transferable, perpetual, worldwide, fully sublicensable and unrestricted right and license to use, modify, publicly perform, publicly display, reproduce, create derivative works from, distribute, and/or otherwise use such User Content in any manner to be determined in the Licensed Parties’ sole discretion, including, but not limited to, on webpages and social media pages operated by the Licensed Parties, and in any and all other marketing and promotional initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion. You will not receive any compensation of any kind for the use of User Content. You also grant to other users of the Services a non-exclusive, fully-paid, royalty-free, and perpetual license to access your Content during the course of their use of the Services as authorized herein. In addition, You grant 7 Cups a non-exclusive license to use any User Content for research or academic purposes, where 7 Cups may redistribute, publish, or cause the publication of anonymized copies of User Content in research papers or academic papers. This license you grant to 7 Cups lasts for as long as User Content is protected by intellectual property rights. Content in violation of these Terms may be removed without notice.

5. Privacy

The 7 Cups Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. For users of our Listening and Therapy Services, please see the Notice of Privacy Practices.

6. About Software in Our Services

Our Services may include downloadable software, which may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

7. Warranties and Disclaimers

DO NOT USE OUR SERVICE FOR EMERGENCIES. 7 CUPS LISTENERS ARE NOT TRAINED OR QUALIFIED TO ASSIST THOSE IN CRISIS. ALL CRISIS CHATS WILL BE TERMINATED IMMEDIATELY. IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS, OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

We provide our Services using a reasonable level of care and skill and we hope that you enjoy using them. There are certain things that we do not promise about our Services.

THE SERVICES, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. 7 CUPS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT OR HARM, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT FROM YOUR ACCESS TO, USE OF, OR BROWSING OF THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, 7 CUPS AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SERVICES OR IN CORRESPONDENCE WITH 7 CUPS OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SERVICES ARE PROVIDED BY 7 CUPS “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND 7 CUPS OR ITS LICENSORS OR SUPPLIERS.

8. Liability for Our Services

YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES: (1) THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICES; AND (3) THAT 7 CUPS AND 7 CUPS’ AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, OR AGENTS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF 7 CUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF 7 CUPS AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE SO CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN). IN ALL CASES, 7 CUPS AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, REPRESENTATIVES, AND AGENTS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 7 CUPS, ITS AFFILIATES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

9. Indemnity

You agree to defend, indemnify and hold 7 Cups and its directors, officers, employees, agents or service providers harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with our Services; or (iii) the User Content or other information you provide to us through the Services. 7 Cups reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with 7 Cups’ defense of such claim.

10. Copyright Infringement Notices

We respect the intellectual property rights of others and request users to do the same. We will respond to notices of abuse or alleged copyright infringement and terminate accounts of repeat offenders according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). Consistent with the DMCA, if you believe there is copyright infringement, please send an email or written notice to our Designated Agent (7 Cups DMCA Agent, 1201 Orange St. #600, Wilmington, DE 19899, dmca@7cups.com) with the Subject Line “DMCA Notice” and include the following:

  • Identify the copyrighted work that you claim has been infringed;
  • Identify the material or link on our Services that you claim is infringing your copyrighted work;
  • Provide your full legal name, company affiliation, mailing address, telephone number, and email address; and
  • Include in the body of your notice the following statement, followed by your electronic or physical signature: “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate our user’s access to and use of our Services if, under appropriate circumstances, the alleged user is determined to be a repeat infringer of the copyrights or other intellectual property rights of 7 Cups or others.

11. Dispute, Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. YOU UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. YOU FURTHER UNDERSTAND THAT THE RIGHTS TO DISCOVERY AND APPEALS MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. IF YOU ARE LOCATED IN THE EU OR THE UK, THESE PROVISIONS WILL NOT AFFECT YOUR RIGHT TO RESOLVE DISPUTES IN YOUR LOCAL COURT OR TRIBUNAL.

a. Initial Dispute Resolution. We want to address your concerns without needing a formal legal case. Most concerns may be quickly resolved in this manner. For any Dispute with 7 Cups, you agree to first contact us at legal@7cups.com or by mail at 7 Cups of Tea Co., 1201 Orange St. #600, Wilmington, DE 19899 and attempt to resolve the Dispute with us informally to address any concerns you may have regarding your use of the Services. Your Notice of Dispute must be individual to you and must include, as applicable, your name, your email address, and your residential address. The Notice of Dispute also must explain the facts of the Dispute as you understand them and tell us what you want us to do to resolve the issue. You agree to use best efforts to settle any Dispute, claim, question, or disagreement directly through consultation and good faith negotiations, and you agree that a Notice of Dispute containing all of the information required above, followed by at least 60 days of good faith negotiation, shall be a precondition to either party initiating a lawsuit or arbitration. A Notice of Dispute will not be valid unless it contains all of the information required by this paragraph. If you commence an arbitration without having previously provided a valid and compliant Notice of Dispute, you and we agree that the applicable arbitration provider (or the arbitrator, if one has been appointed) must suspend the arbitration pending compliance with this paragraph. You and we authorize the arbitration provider or the arbitrator to decide summarily whether the party that commenced an arbitration complied with these notice requirements, relying solely on this Agreement and the Notice of Dispute provided (if any). All statutes of limitation shall be tolled while the parties engage in the informal Dispute resolution process required by this paragraph.

b. Agreement to Binding Arbitration. In the unlikely event that we do not reach an agreed upon solution within a period of sixty (60) days from the time informal Dispute resolution is pursued pursuant to Section 11(a) above, then either you or we may initiate binding arbitration. Except for any Disputes excluded below in Section 11(d), and in the event of a Mass Arbitration (as defined below) as described in Section 11(e), all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. The arbitration shall be conducted in the New Castle County, Deleware, and claims regarding the judgement of the arbitrator (including entry of judgment on the arbitration aware) may be brought and shall be subject to the exclusive jurisdiction of the state and federal court located in New Castle County, Deleware. You or 7 Cups may elect to appear at the arbitration in person or, if you and we both agree, to conduct it remotely online via appropriate videoconferencing technology, in lieu of appearing live.
Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

You acknowledge that this Terms evidence a transaction involving interstate commerce. The interpretation and enforcement of these Terms shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law. You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.

c. Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 11(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.

d. Exceptions. Notwithstanding the parties’ agreement to resolve all Disputes through arbitration, either party may seek relief (i) in a small claims court for Disputes or claims within the scope of that court’s jurisdiction, and (ii) any Disputes relating to intellectual property rights, obligations, or any infringement claims.

e. Exception—Mass Arbitration Before NAM. Notwithstanding the parties’ decision to have arbitrations administered by JAMS, in the event 25 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, and counsel for the parties submitting the demands are the same or coordinated, you and we agree that the demands will constitute a “Mass Arbitration.” If a Mass Arbitration is commenced, you and we agree that it shall not be governed by the JAMS Rules or administered by JAMS. Instead, a Mass Arbitration shall be administered by National Arbitration & Mediation (“NAM”), a nationally recognized arbitration provider, and governed by the NAM rules in effect when the Mass Arbitration is filed as modified by this Agreement, including the NAM Mass Filing Supplemental Dispute Resolution Rules, but excluding any rules that permit arbitration on a class-wide basis (collectively, the “NAM Rules”). The NAM Rules are available at www.namadr.com or by calling 1-800-358-2550. Notwithstanding anything to the contrary above, you and we agree that if either party fails or refuses to commence the Mass Arbitration before NAM, you or we may seek an order from a court of competent jurisdiction compelling compliance with this agreement and compelling administration of the Mass Arbitration before NAM. Pending resolution of any such requests to a court, you and we agree that all arbitrations comprising the Mass Arbitration (and any obligation to pay arbitration fees) shall be stayed. You and we acknowledge that either party’s failure to comply with this paragraph would irreparably harm the other, and you and we agree that a court may issue an order staying the arbitrations (and any obligation to pay arbitration fees) until any disagreements over the provisions of this paragraph are resolved by the court.

f. 30 Day Right to Opt-Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11(b) and 11(c) by sending written notice of your decision to opt-out by emailing us at New Castle County, Deleware. The notice must be sent within thirty (30) days of your first use of the Services, or the effective date of the first set of Terms containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

g. Term for Cause of Action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

h. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 11(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in New Castle County, Deleware (except for small claims court actions which may be brought in the county where you reside). In the event of litigation relating to these Terms or the Services, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.

i. Governing Law and Rules. These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Deleware, exclusive of conflict or choice of law rules. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16). In any arbitration arising out of or related to these Terms, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages. In any arbitration arising out of or related to these Terms, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits. The parties adopt and agree to implement the JAMS Optional Arbitration Appeal Procedure (as it exists on the effective date of these Terms) with respect to any final award in an arbitration arising out of or related to these Terms.

12. Termination

These Terms apply to you starting on the date you first access or use the Services and continue until we terminate the Terms, or until you stop using our Services.

In addition to any right or remedy that may be available to us under applicable law, we may suspend, limit, or terminate all or a portion of your access to the Services or any of its features at any time with or without notice and with or without cause, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, (i) you must destroy all Material obtained from the Services and all copies thereof; (ii) you will immediately cease all use of and access to the Services; and (iii) we may delete or disable access to any of your User Content at any time. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use our Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur. Your use of the Services after termination will be a violation of this section, which survives any termination.

The provisions of these Terms concerning protection of intellectual property rights, prohibited use, user submitted content, disclaimers, limitations of liability, indemnity, and Disputes, as well as any other provisions that by their nature should survive, shall survive any such termination.

13. Miscellaneous

a. No Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

b. Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

c. Assignment. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by 7 Cups without restriction.

d. Entire Agreement. These Terms reflect the entire agreement between the parties related to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties.

e. Conflict of Terms. Except as otherwise provided in this Terms, if any provision contained in this Terms is in conflict with, or inconsistent with, any provision in any of the other additional terms, the provision contained in additional terms shall govern and control.

f. Notices and Electronic Communications. When you visit our Services or send emails or text messages to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, text message, push notifications services or by posting notices on our Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

14. Changes to these Terms

We reserve the right to modify these Terms, at any time without prior notice, at our sole discretion. We will use reasonable efforts to notify you of such changes. However, it is your responsibility to check the “Last Updated” legend at the top of this page periodically to see when these Terms were last revised. When changes are made to these Terms, they will become immediately effective when published on this web page unless otherwise noted. If we modify these Terms materially, to the extent permissible under applicable law, such modification will be effective upon the earlier of (i) your first use of the Services with actual notice of such change, (ii) 30 days from the posting of such change. We may send you notice of the updated Terms at our sole discretion, and the manner of the notification may include, for example, email, posted notice on the Services, or another reasonable manner. Your continued access and use of the Services following any such change constitutes your acceptance to be bound by the revised Terms then in effect. You agree that you will review these Terms periodically and that you shall be bound by these Terms and any modifications to it. Since our Services are evolving over time, we may also change or discontinue all or any part of the Services, at any time and without notice.

These Terms will identify the date of the last update. “Disputes” means any dispute, action, controversy, or claim arising out of or relating to any aspect of these Terms, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal or equitable basis and regardless of whether a claim arises during or after the termination of these Terms.

15. Contact Us

For more information about how to contact 7 Cups, please visit our contact page.