Terms of Service | Always 305

1. Acceptance of Terms

These Terms of Service ("Terms") form a binding contract between you and Always 305, LLC ("Always 305," "we," "us," or "our") regarding your use of https://always305.com (the "Site") and any products, subscriptions, or services we provide.

By accessing the Site, creating an account, or placing an order, you agree to these Terms, our Privacy Policy, and any policy referenced here. If you do not agree, do not use the Site.

2. Eligibility

You must be at least 18 years old, a resident of the United States, and able to form a binding contract under applicable law. By using the Site, you represent that you meet these requirements.

3. Your Account

To purchase products or manage a subscription, you must create an account using email, Google, or Apple sign-in. You agree to:

Provide accurate, current, and complete information.
Keep your password and login credentials confidential.
Notify us immediately at hello@always305.com if you suspect unauthorized access.
Accept responsibility for all activity under your account.

We may suspend or terminate accounts that violate these Terms or that we reasonably suspect of fraud or abuse.

4. Pricing, Taxes, and Payment

4.1 Pricing

Product prices are listed in U.S. dollars and are subject to change. Promotional prices are valid only for the period stated. Subscription pricing is described in our Subscription Terms.

4.2 Taxes

Sales tax is calculated at checkout based on your shipping address and applicable state and local rules. You are responsible for any taxes not collected by us.

4.3 Payment Authorization

By providing payment information, you authorize us (and our payment processor, Stripe) to charge the payment method on file for your order, including any recurring subscription charges, taxes, and shipping fees. Card processing is performed by Stripe in accordance with PCI-DSS standards. We do not store full card numbers on our servers.

If a payment fails, we may retry the charge, contact you, or pause your subscription until payment is resolved.

5. Orders and Fulfillment

All orders are subject to acceptance by Always 305. We may refuse, cancel, or limit any order in our discretion, including for suspected fraud, errors in pricing or product information, or supply constraints. If we cancel an accepted order, we will refund the affected charges in full.

Shipping terms are described in our Shipping Policy.

6. Returns, Refunds, and Subscriptions

Refunds and returns are governed by our Refund Policy. Subscriptions are governed by our Subscription Terms. Both are incorporated into these Terms by reference.

7. User Conduct

You agree not to:

Use the Site for any unlawful purpose or in violation of any applicable law or regulation.
Attempt to gain unauthorized access to any account, system, or data.
Reverse engineer, scrape, or copy any portion of the Site except as expressly permitted.
Upload viruses, malware, or other malicious code.
Misrepresent your identity, impersonate another person, or use false contact information.
Resell our products without our prior written consent.
Interfere with or disrupt the Site, our servers, or the experience of other users.

8. Intellectual Property

The Site, including text, graphics, logos, product names ("TRANQUILO," "EL PUENTE," "AZUCAR," "LA VENTANITA," and "Always 305"), packaging design, photography, and software, is owned by or licensed to Always 305, LLC and protected by U.S. and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access the Site for personal, non-commercial use. All other rights are reserved.

9. User-Generated Content

If you submit reviews, photos, comments, or other content to the Site or our social media channels, you grant Always 305 a perpetual, worldwide, royalty-free, transferable, sublicensable license to use, reproduce, adapt, publish, and display that content for marketing and operational purposes. You represent that you own or have the rights to submit the content and that it does not infringe any third party's rights.

10. Disclaimers

We sell coffee products. We do not make medical, dietary, or health claims. Our products are not intended to diagnose, treat, cure, or prevent any disease. Coffee contains caffeine; consult your physician if you are pregnant, nursing, taking medication, or have a medical condition.

THE SITE AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ALWAYS 305, ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE OR PRODUCTS.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR PRODUCTS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO ALWAYS 305 IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Always 305, LLC and its affiliates, officers, employees, and agents from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from (a) your breach of these Terms, (b) your misuse of the Site or products, or (c) your violation of any law or third-party right.

13. Dispute Resolution and Arbitration

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@always305.com. We will attempt to resolve the dispute within 60 days of receipt.

13.2 Binding Arbitration

If the dispute is not resolved, you and Always 305 agree that any claim arising out of or relating to these Terms, the Site, or our products will be resolved through final, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Miami-Dade County, Florida, or by video conference at the consumer's option. Judgment on the award may be entered in any court of competent jurisdiction.

13.3 Class Action Waiver

YOU AND ALWAYS 305 AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one party's claims or preside over any class proceeding.

13.4 Exceptions

Either party may bring a claim in small claims court, or seek injunctive or other equitable relief in court to protect intellectual property rights.

13.5 Opt-Out

You may opt out of arbitration by sending written notice to legal@always305.com within 30 days of first accepting these Terms, including your full name, account email, and a clear statement that you decline arbitration.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of laws principles. Subject to Section 13, any action that is not subject to arbitration must be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and you consent to personal jurisdiction in those courts.

15. Termination

We may suspend or terminate your access to the Site or your account at any time for violation of these Terms or for any other lawful reason. Sections that by their nature should survive termination (including Sections 8 through 14) will survive.

16. Changes to These Terms

We may update these Terms from time to time. The "Effective Date" at the top reflects the latest revision. For material changes, we will notify you by email or a prominent notice on the Site at least 30 days before the change takes effect. Continued use of the Site after the effective date constitutes acceptance of the updated Terms.

17. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Always 305.
Severability: If any provision is held invalid, the remaining provisions remain in effect.
No Waiver: Failure to enforce any provision is not a waiver of that provision.
Assignment: You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control.

18. Contact

Always 305, LLC
Attn: Legal
Miami, Florida, USA
Email: legal@always305.com