Terms and Conditions

Effective Date: December 20th, 2022


“Rising Rooster Roasters” is a registered trademark of DCL Consultants Inc. Please read these Terms carefully before using our websites and any online services, software or apps provided by DCL Consultants Inc. (“DCL Consultants Inc.”, “Rising Rooster Roaster”, “we”, or “us” or “our”) that post a link to these Terms (the “Service”). The Service is operated by DCL Consultants Inc. DCL Consultants Inc. offers this Service, including all information, tools and services available from this Service to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated by visiting, accessing, or using any part of the Service and/ or purchasing something from us, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies that apply to certain parts of the Service, referenced herein and/or available by hyperlink (“Additional Terms”).

Examples are our Rising Rooster Roasters (RRR) Text Program Terms and Conditions and our RRR Loyalty Program Terms and Conditions. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If you do not agree to all the terms and conditions of these Terms, then you may not access the Service. By using our Service you also consent to our practices as set forth in our Privacy Policy, available at: www.rrr.coffee/privacy-policy/.

Features or tools which are added to the current online store can be review the most current version of the Terms of Services and the changes as to the continued usage of the Service.

These Terms are a contract that limits your rights and remedies and our liability and grants us rights from you. This includes mandatory arbitration of disputes and waiver of class actions. Read the entirety of these Terms and do not use the Service if you do not agree.


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your right to access or use Services.


We offer different subscription plans for our coffee products and merchandise (each, a “Subscription”). Your Subscription(s) will automatically renew at the end of each period at the then-prevailing rate unless you cancel. The products in your Subscription(s) and the frequency of delivery may vary depending upon your selections. Any changes you make to your Subscription(s) may also result in changes to any applicable shipping and handling charges as well as delivery times. If we change the prices or other charges associated with our Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our websites. The fees for your Subscription(s) can be found on your My Account page under Subscriptions and are subject to change in the future at our discretion.

You may cancel your Subscription(s) at any time for any reason on your My Account page under Manage Subscriptions or by calling (999) 999-9999 (M-F, 9-5 PST).


In the event you cancel your Subscription(s), please note that we may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.


We reserve the right to refuse service to anyone for any reason at any time, as permitted by applicable law. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks consistent with credit card industry security obligations. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access the Service, or any content on the Service, except as expressly permitted by these Terms, or applicable Additional Terms, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.


Occasionally there may be information on the Service 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 on the Service or elsewhere is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Service or elsewhere, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service or elsewhere should be taken to indicate that all information on the Service or elsewhere has been modified or updated. You are that it usability to monitor changes to our Service.

information. Any reliance on the material on the Service is at your own risk. The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
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. We may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain products or services may be available exclusively online through the Service, or a specific portion thereof (e.g. website availability only). These products or services may have limited quantities and are subject to return or exchange only according to our
Return Policy, available at https: www.RisingRoosterRoasters.com pages/shiQQjng- and-returns.
Not all products or services depicted via the Service may be available in all areas or at all times and pricing and availability may vary by location. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction as permitted by applicable law. We may exercise this right on a case-by case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. An order made via the Service is an offer by you to us, which is not accepted by us until we fulfill the order, and we may reject any orders. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to

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contact you by e-mail and/or billing address/phone number in order to inform you. made. We reserve the right to limit or prohibit any orders

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We have made every effort to display as accurately as possible our products and services, including the colors and images of our products that appear at the store, and information and pricing about them. However, as permitted by applicable law, we do not guarantee accuracy. Further, subject to applicable law, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our online store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party content, tools and service over which may have no control or input (e.g., social media plug-ins such as “like” buttons) (“Third party Services”). You acknowledge and agree that we provide access to such Third- party Service “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, and that the use of these Third- party Services is subject to the third-party operator’s own terms of use, privacy policy and data and other practices (which we advise you to review before using the Third- party Service). We shall have no liability whatsoever arising from or relating to your use of Third-party
Services. Any use by you of Third-party Services available through our Service is entirely at your own risk and discretion.
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Apps via Apple, see below for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.

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Rising Rooster Roasters (RRR) and, Apple, Inc. (“Apple”) is not a party to these Terms other than as third-party beneficiary as contemplated below.
(ii) The license granted to you by DCL Consultants Inc. under the Terms is subject to the permitted Usage Rules set forth in the App Store Terms of Use (see: http://www.apple.com/legal/itunes/us/terms.html) and any third-party terms of agreement applicable to the Service.
(iii) You acknowledge that DCL Consultants Inc., and not Apple, is responsible for providing the Service and content thereof.
(iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
(v) To the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms and conditions of the Terms, you acknowledge that, solely as between Apple and DCL Consultants Inc., DCL Consultants Inc., and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vii) You agree that if the Service, or your possession and use of the Intellectual Property rights, you will not hold Apple Inc. responsible nor liable.

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(viii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
(ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the
(x) Your use of real-time route guidance on the Service (if any) is at your sole risk. Location data may not be accurate.
Third-party links on the Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party locations linked to from our Service and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party in question.
If you send or post content or other submissions on or via the Service (e.g., contest entries, user posting areas, community forums, comments sections, using contract us tools, etc.), or otherwise, with or without a request from us, (collectively, “User- Generated Content” or “UCC”), you hereby grant DCL Consultants Inc., the non-

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exclusive, unconditional, unlimited, worldwide, irrevocable, perpetual, arm copy, record, distribute, reproduce, disclose, sell, re-sell,

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hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such UCC and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any UCC for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to DCL Consultants Inc. to your UCC, you also, as permitted by applicable law, hereby grant to DCL Consultants Inc., and agree to grant to DCL Consultants Inc., the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any UCC, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any UCC, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
We are and shall be under no obligation (1) to maintain any UCC in confidence; (2) to pay compensation for any UCC or provide you other consideration or attribution; or (3) to respond to any UCC. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You represent, warrant and agree that your UCC will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your UCC will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or harm us or any other way You may not use a false e-mail address, pretend to be someone else or Chat to mislead us or third-parties as to the origin of any UCC.

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As a user of the Service, these Community Usage Rules (“Rules”) are here to help
you understand the conduct that is expected of members of the Service’s online communities (“Communities”).
Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
• Your UCC. All of your UCC either must be original with you or you must have all necessary rights in it from third parties in order to permit you to comply with these Terms and any applicable Additional Terms. Your UCC should not contain any visible logos, phrases, or trademarks that belong to third parties. Do not use any UCC that belongs to other people and pass it off as your own; this includes any content that you might have found elsewhere on the Internet. If anyone contributes to your UCC or has any rights to your UCC, or if anyone appears or is referred to in the UCC, then you must also have their permission to submit such UCC to DCL Consultants Inc.. (For example, if someone has taken a picture of you and your friend, and you submit that photo to DCL Consultants Inc. as your UCC, then you must obtain your friend’s and the photographer’s permission to do so.)
• Speaking of Photos: No Pictures, Videos, or Images of Anyone Other Than You and Your Friends and Family. If you choose to submit photos to the Service, link to embedded videos, or include other images of real people, then make sure they are of you or of you and someone you know – and only if you have their express permission to submit it.
• Act appropriately. All of your Service activities must be venue appropriately. Be respectful of others’ opinions and comments.

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Comments that are connected to race, national origin, gender, sexual orientation, religion, or handicap must be avoided. Your UCC must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit. Your UCC must not exploit children under the age of 18.
• Do Not Use for Commercial or Political Purposes. Your UCC must not advertise or promote a product or service or other commercial activity, or a politician, public servant, or law.
• Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect email addresses or other contact information of others from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Do Not Use for Inappropriate Purposes. Your UCC must not promote any infringing, illegal, or other similarly inappropriate activity.
• Be Honest and Do Not Misrepresent Yourself or Your UCC. Do not impersonate any other person, user, or company, and do not submit UCC that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. In the event you receive anything in
BRCC Loyalty Points https://www.blackriflecoffee.com/pages/brcc-terms-of-service

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consideration from us with respect to your UCC (e.g., coupons, sweepstakes entries, etc) or anything that represent you will include disclosure of the receipt of this Chat
• OthersCanSee.WehopethatyouwillusetheCommunitiestoexchangeinformation and content and have venue appropriate discussions with other members. However, please remember that the Communities are public or semipublic and UCC that you submit on the Service within a Community may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, email address, or other personally identifiable information or contact information) on Community spaces and take care when otherwise disclosing this type of information to others.

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• Don’tShareOtherPeople’sPersonalInformation.YourUCCshouldnotrevealanother person’s address, phone number, email address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by DCL Consultants Inc. (e.g., an email address to send an email invite to a friend).
• Don’t Damage the Service or Anyone’s Computers or Other Devices. Your UCC must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the Service or any computer or other Device.
If you submit UCC that DCL Consultants Inc. reasonably believes violates these Rules, then we may take any legally available action that we deem appropriate, in our sole discretion. However, we are not obligated to take any action not required by applicable law. We may require, at any time, proof of the permissions referred to above in a form acceptable to us. Failure to provide such proof may lead to, among other things, the UCC in question being removed from the Service.
like to file a DMCA counter-notice, you may submit such notice to us by following the instructions below.
DMCA Notice,
DCL Consultants Inc. asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In DCL Consultants Inc.’s sole discretion, and the Rising Rooster Roasters (RRR) may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential
BRCC Loyalty Points https://www.blackriflecoffee.com/pages/brcc-terms-of-service

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infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, DCL Consultants Inc. has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
A legend or subject line that says: “DMCA Copyright Infringement Notice”;
A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) A description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
(iv) Your full name, address, telephone number, and email address;
A comment by you that you have a good faith belief that use of the material used in the URL of the page(s) on the Service or inside the Chat session, it is not authorized by the copyright owner, its agent, or our company or any legal representative.

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(vii) Your electronic or physical signature.
DCL Consultants Inc. will only respond to DMCA Notices that it receives by mail or email at the addresses below:
By Mail:
DCL Consultants Inc.
Attn: Customer Service P. O. Box 1951
Martinez, CA 94553
By Email:
For more information call: (999) 999-9999
It is often difficult to determine if your copyright has been infringed. DCL Consultants Inc. may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and DCL Consultants Inc. may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that you provide in your notice to the person who provided the allegedly infringing work. That person may elect to send us a DMCA Counter-Notification.
Without limiting DCL Consultants Inc.’s other rights, DCL Consultants Inc. may, in appropriate circumstances, terminate a repeat infringer’s access to the Service and any other website owned or operated by DCL Consultants Inc.

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Disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of a mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
A legend or subject line that says: “DMCA Counter-Notification”;
A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled).
(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(iv) Your full name, address, telephone number, email address, and the username of your Account.
(v) A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter- Notification.

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However, we will not do this if we first receive notice at the addresses above, that the person or the organization who sent us the Copyright infringement Notice has filed a complaint to the person who provided the material.
Your submission of personal information through the Service is governed by our Privacy Policy. By using our Services you also consent to our practices as set forth in our Privacy Policy, available at https: www.RisingRoosterRoasters.com pages/privacy=policy_ .
The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by DCL Consultants Inc., our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of DCL Consultants Inc., our licensors (including licensors of UCC) or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. DCL Consultants Inc. owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
1. Your rights to Use the Service and Content
Your right to use the Service and Content is subject to your strict compliance with these Terms and applicable Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void. You may, for your personal, non-commercial, lawful use:

Terms of Service – DCL Consultants Inc.
(1) Display, view, use, and play the Content on a computer, mobile or other internet enabled or permitted device (“Device”) and/or print one copy of the Content (excluding the object code in raw form or otherwise) as it is displayed to you.
(2) Subject to any applicable Additional Terms, if the Service includes a “Send to Friend,” social media sharing or similar tool that allows you to initiate and send to one or more of your contacts a communication that includes content, or to post our content to third-party services or your own site or online service, and the tool is operational, use the tool to do so; provided, however, that you do not do so in any manner that violates applicable law or third-party rights or reflects negativity on us, and only send to recipients you have permission to contact;
(3) If the Service includes a “Download” link next to a piece of content (including, without limitation, an image, an icon, a wallpaper, a music track, a video, a trailer, an RSS feed), you may only download a single copy of such content to a single Device.
(4) Download, install and use one copy of any software, including apps, that we make available on or through the Service (“Software”) on your Device in machine-executable object code form only and make one additional copy for back-up purposes; provided, however, that you understand and agree that (i) by allowing you to download the Software, DCL Consultants Inc. does not transfer title to the Software to you (i.e., you own the medium on which the Software is recorded, but the Software’s owner (which may be DCL Consultants Inc. and/or its third-party Software licensor) will retain full and complete title to such Software); (ii) you may not copy, modify, adapt, translate into any language, distribute, or create derivative works based on the Software, except as expressly authorized in these Terms or applicable Additional Terms, without the prior written consent of DCL Consultants Inc.; (iii) you may not assign, rent, lease, or lend the Software to any person or entity and any attempt by you to sublicense, transfer, or assign the Software will be void and of no effect; and (iv) you may not decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the

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Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law;

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(5) Link to the Service from a website or other online service, so long as: (a) the links only incorporate text, and do not use any DCL Consultants Inc. names, logos, or images (b) the links and the content on your website do not suggest any affiliation with DCL Consultants Inc. or cause any other confusion, and (c) the links and the content on your website do not portray DCL Consultants Inc. or its products or services in a false, misleading, derogatory, or otherwise offensive manner, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third-party or are otherwise objectionable to DCL Consultants Inc.. DCL Consultants Inc. reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third-party.
(6) Use any other functionality expressly provided by DCL Consultants Inc. on or through the Service for use by users, subject to these Terms (including, without limitation, functionality to create and/or post User-Generated Content and any applicable Additional Terms.
1. Prohibited Uses
In addition to other prohibitions as set forth elsewhere in the Terms of Service, you are prohibited from using the Service or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to damage the functionalitv or operation of the Service or of any related website, or online Chat. (h) to collect, track, or share the personal information of others.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

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1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided l as is l and l 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.
2. In no case shall DCL Consultants Inc., 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, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

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If 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for due up to and including the date of termination; and/or according to the Services (or any part thereof).
policies or operating rules posted by us on this Service or in respect to the Service 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 (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
Arbitration of Claims. Unless you give us notice of opt-out within five (5) business days of your first use of the Service, addressed to DCL Consultants Inc, P.O. Box 1951, Martinez, California 94553 (Attention: Dispute Resolution/Chief Operations Officer), all actions or proceedings arising in connection with, touching upon or relating to any controversy, allegation, or claim arising out of or relating to the Service, the content, your UCC, these Terms, or any applicable Additional Terms, (collectively, “Dispute”), or the scope of the provisions of this Section, shall be submitted to JAMS (www.jamsadr.com) for final and binding arbitration under its Comprehensive Arbitration Rules and Procedures if the matter in dispute is over $250,000 or under its Streamlined Arbitration
Rules and Procedures if the matter in dispute is $250,000 or less, to be held in Martinez, California, before a single arbitrator. If the matter in dispute is between DCL Consultants Inc. and a consumer, the matter shall be submitted to JAMS in accordance with its Policy on Consumer Arbitration Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitrator shall be selected by mutual agreement of the parties or, if the parties cannot agree, then by striking from a list of arbitrators supplied by JAMS. We may have the right to pay the JAMS fees if required for arbitration to be enforceable. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that a party may disclose information relating to the arbitration proceedings to its and its affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a dispute between the parties that is the subject of arbitration shall be confidential to the same extent. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. Neither party shall be entitled or permitted to commence or action in a court of law with respect to any matter in dispute u submitted to arbitration as herein provided and then or, if sought by DCL Consultants Inc., such other court that may have jurisdiction over you, without thereby waiving its right to arbitration of the dispute or controversy under this Section; provided further, however, that the losing party shall have fifteen (15) business days after the issuance of the arbitrator’s decision to fully comply with such decision, after which the prevailing party may enforce such decision by a petition to the state court in Martinez, California, or, in the case of you, such other court having jurisdiction over you, which may be made ex parte, for confirmation and enforcement of the award.

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
Class Action Waiver. As permitted by applicable law, both you and DCL Consultants Inc. waive the right to bring any Dispute as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any Dispute brought by anyone else. Notwithstanding any provision in the JAMS Comprehensive Arbitration Rules and Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combined disputes of different persons into one proceeding. Notwithstanding forth above if the provision regarding waiver of any class action

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
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 California. If you access the Service from outside of the U.S., you accept the application of U.S. law which may provide less protection or require different obligations than the law where you reside.
a. In accordance with California Business and Professions Code Section 17538, DCL Consultants Inc.’s return and refund policy is available https: www.RisingRoosterRoasters.com pages/shippjng-and-returns, the legal name under which Rising Rooster Roasters conducts business is DCL Consultants Inc., and DCL Consultants Inc.’s business address is P.O. Box 1951, Martinez, CA 94553. Within five (5) days of DCL Consultants Inc.’s receipt of your request, California residents may receive verification of this information by email by contacting us at support@RisingRoosterRoasters.com.
b. Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 1625 North Market Blvd., Suite N 112, Sacramento, California, 95834, or by telephone at (916) 445-1254. Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700. Their website is located at: http://www.dca.ca.gov

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
DCL Consultants Inc. Gift Card Terms of Service:
By purchasing, accepting, or using a Gift Card (the “Gift Card”) from DCL Consultants Inc. (“Rising Rooster Roasters.,” “RRR,” “we,” “us,” or “our”), you agree to these Terms of Service as well as our general Terms of Service (which include mandatory arbitration of disputes and class action waiver, and limitations on your rights and remedies and of our liability) and consent to our practices described herein and in our Privacy Notice.
To get your Gift Card balance, visit www.RisingRoosterRoasters.com giftcards or call us at (999) 999-9999.
You can present the Gift Card at any participating Rising Rooster Roasters outlets, authorized coffee locations or online at www.RisingRoosterRoasters.com as payment for purchases (not valid on subscriptions). Your Gift Card cannot be redeemed for cash unless required by law. Additional value may be added to your Gift Card at any time. The Gift Card does not expire, and no fees apply. If the Gift Card is lost, stolen, or destroyed, full refunds will only be provided (a) with the original Gift Card receipt and (b) if the Gift Card is unused and has not completed any transactions. Otherwise, you will receive a replacement Gift Card for the remaining balance at the time we received notification of the Gift Card’s loss, theft, or destruction. If you want to use the Gift Card to make a purchase that exceeds the available balance on the Card, you must combine the use of the Gift Card with additional payment from another non-Gift Card payment source. The Gift Card is not valid outside of the United States. The Gift Card may not be resold without authorization. RRR has the right to deactivate or reject Gift Cards sold by unauthorized sellers, or Gift Cards involved in fraudulent activity.
Loading Value on the Card:
You can load value on the Gift Card by visiting any participating store or going online to http: www.RisingRoosterRoasters.com giftcards. You can reload your card for amounts ranging from $5 – $500. There may be a delay from the time you pay the amount to your Gift Card and those funds being available for use.

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
We reserve the right to change any of these amounts at any time without notice. You may not use a Gift Card to purchase another Gift Card.
We have no liability resulting from any temporary inability to access funds on your Gift Card for any reason, including, without limitation, equipment malfunctions, temporary problems with our vendors or service providers, connectivity problems, or problems with your device.
RRR eGift Cards:
The RRR eGift Card allows you to purchase and send a digital Gift Card via email or mobile. You may choose the design and dollar value and complete your purchase using a credit card, debit card, or certain other electronic payment methods. You may create a personal message and/or upload an image. If we find inappropriate content, we reserve the right to cancel the order. You may choose when to have your eGift delivered, either the same day (provided that your form of payment is approved) or at a future date. You authorize us to charge your credit card, debit card, or other electronic payment method at the time you purchase your eGift Card regardless of the date you choose for delivery. On the requested delivery date, we will send the recipient of your eGift an email notifying the recipient of an eGift from you. The recipient can print out the eGift Card and bring it to a DCL Consultants Inc. Coffee store to make a purchase or can show their eGift Card on their mobile device. We will also send you an email confirming receipt of your eGift when the recipient opens the eGift email. An eGift is like any other RRR Gift Card and should be treated like cash by the recipient. Each eGift has a unique RRR Gift Card number associated with it no matter how many times the email is printed out. We will only give refunds for unused eGift Cards with the original receipt.

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
Receipts and Transaction History:
When you use your Gift Card, we will provide a receipt if you request one. The receipt will show the purchase was made using a RRR Gift Card and will provide the date and amount of the purchase.

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
We may amend these Terms of Service at any time. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised Terms of Service to our website. Unless we state otherwise, the change, addition, or deletion will apply to your future and existing Gift Cards. You are deemed to accept the changes, additions, or deletions if you continue the use of a Gift Card.
ADA Compliance:
Our Consumer-facing Gift Card Storefront incorporates responsive design principles for viewing on desktop, tablet, and/or mobile devices in support of ADA compliance. Delivery methods and options include email, mobile, and Gift Card delivery directly to customers.
Gift Card Redemption Instructions:
• Customer must present the physical Gift Card to the cashier at time of payment
• Cashier will swipe the Gift Card and then hand-key the associated PIN into the Point of Sale, or cashier can manually type in the Gift Card number and hand-key the associated PIN into the Point of Sale
eGift Card Redemption Instructions:
• Customer must present the printed page or mobile device to the cashier at time of payment
• The cashier will scan the barcode with the barcode reader and then hand-key the associated PIN into the Point of Sale, or cashier can manually type in the Gift Card number and hand-key the associated PIN into the Point of Sale.
If you have any concerns regarding BRCC Gift Cards, please contact us at support@RisingRoosterRoasters.com.

11/13/22, 12:47 PM Terms of Service – DCL Consultants Inc.
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 parts of Service by posting updates and changes to our Service.
Terms of Service periodically may have changes. Your continue use of this website, implies acceptance to the current Terms of Service.
Questions about the Terms of Service should be sent support@RisingRoosterRoasters.com.
to us at