Terms of service


TERMS OF SERVICE

OVERVIEW

This website is operated by The Killer Kangaroo Coffee Brand, conducting business under the trade styles“Knockbox Coffee”  “Knockbox,” “Knockbox Coffee Company,” and “Knockbox NYC.” Throughout the site, the terms “we,” “us” and “our” refer collectively to The Killer Kangaroo Coffee Brand and its DBAs.

The Killer Kangaroo Coffee Brand offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.


SECTION 1 - ONLINE STORE TERMS

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 site.

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 Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time, including but not limited to suspected fraud, abuse, intellectual property infringement, or violations of 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 always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, license, sublicense, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(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 that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others in violation of applicable privacy and data protection laws;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate or suspend your use of the Service or any related website for violating any of the prohibited uses and to pursue any and all remedies available under law or equity.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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 "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall “The Killer Kangaroo Coffee Brand,” “Knockbox,” “Knockbox Coffee Company,” “Knockbox Coffee” “Knockbox NYC”, or 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.


SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless “The Killer Kangaroo Coffee Brand,” “Knockbox,” “Knockbox Coffee Company,” and “Knockbox NYC” “Knockbox Coffee” along with our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns, and employees, from and against any claim or demand, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of your breach of these Terms of Service, your violation of any law, your infringement of any intellectual property or other rights of a third party, or your misuse of our products or Services.

This indemnification obligation shall survive the termination or expiration of this agreement and your use of the Service.


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to its conflict of laws provisions.

You agree that any dispute arising from these Terms or your use of our Services shall be resolved exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction of such courts.

Users, customers, and third parties expressly acknowledge and agree that the mere similarity of trade names or branding elements across online marketplaces (including but not limited to Shopify, which hosts thousands of independent sellers with identical or similar business names) does not, in and of itself, create grounds for a legal claim, action, or cause of damages against The Killer Kangaroo Coffee Brand or its DBAs.

By engaging with this website or our Services, you agree that you will not pursue claims based solely on the existence of other entities using similar trade names in unrelated markets or on third-party platforms. Any such claims are expressly waived to the fullest extent permitted by law

The undersigned user, customer, or third party (“You”) hereby expressly acknowledges, covenants, and agrees that the designations “Knockbox,” “Knockbox Coffee Company,” “Knockbox Coffee " and “Knockbox NYC” (collectively, the “Trade Styles”) are utilized as doing-business-as names by The Killer Kangaroo Coffee Brand for commercial identification purposes only. The adoption and use of said Trade Styles shall not be construed as an assertion of exclusive or universal naming rights in all jurisdictions, industries, or online marketplaces.

You further acknowledge that the digital commerce ecosystem, including but not limited to platforms such as Shopify, is characterized by the contemporaneous existence of multiple vendors and entities employing identical or substantially similar business names. Such overlapping use is inherent to the nature of decentralized online marketplaces and does not, in itself, constitute infringement, misappropriation, or actionable confusion attributable to The Killer Kangaroo Coffee Brand or its Trade Styles.

Accordingly, by continuing to access this website, purchase products, or engage with the Services, You hereby irrevocably waive, release, and discharge any and all claims, demands, rights, or causes of action—whether in law, equity, or administrative forum—arising solely from the fact that other entities may employ trade names similar to or identical with the Trade Styles.

To the fullest extent permitted under applicable law, You further covenant not to commence, maintain, or participate in any legal, regulatory, or arbitral proceeding predicated upon such similarity of names, and You agree to indemnify, defend, and hold harmless The Killer Kangaroo Coffee Brand, its affiliates, successors, assigns, and representatives from and against any loss, cost, expense, or liability (including reasonable attorneys’ fees) incurred in connection with the defense of any such claim

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at team@knockbox.shop

Notice of brand identity and trade style:
“Knockbox,” “Knockbox Coffee Company,” and “Knockbox NYC” are brand identifiers and trade names (DBAs) of The Killer Kangaroo Coffee Brand. These names are used in commerce in good faith for purposes of brand development, marketing, and sales. No representation of exclusive federal trademark protection is made unless and until such rights are formally registered.

SECTION 21 – HEALTH, SAFETY, AND PRODUCT USE DISCLAIMER

All products offered by The Killer Kangaroo Coffee Brand, including but not limited to those sold under the trade names “Knockbox,”“Knockbox Coffee" “Knockbox Coffee Company,” and “Knockbox NYC” (collectively, the “Products”), are sold “as is” and “as available” without any express or implied warranties as to health outcomes, safety, or suitability for any particular individual.

By purchasing, possessing, preparing, or consuming our Products, You expressly acknowledge and agree as follows:

  1. No Medical Guarantee. Our Products are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Any perceived health benefits or risks are subjective and may vary between individuals.

  2. Allergens and Sensitivities. Our Products may contain or come into contact with common allergens (including but not limited to nuts, dairy, soy, gluten) during the sourcing, roasting, packaging, or distribution process. We make no warranties that Products are allergen-free or suitable for individuals with dietary restrictions.

  3. Storage and Preparation. Proper storage, handling, and preparation of Products (including brewing methods, water quality, and sanitation) are the sole responsibility of the consumer. We shall bear no liability for spoilage, mold, contamination, or adverse effects resulting from improper storage or preparation by You or any third party.

  4. Assumption of Risk. Consumption of coffee and related products carries inherent risks, including but not limited to sensitivity to caffeine, gastrointestinal upset, allergic reaction, or other adverse health effects. By purchasing or consuming our Products, You voluntarily and knowingly assume all risks associated with such consumption.

  5. Release of Claims. To the fullest extent permitted by law, You hereby irrevocably waive, release, and discharge The Killer Kangaroo Coffee Brand and its DBAs, affiliates, officers, employees, suppliers, and contractors from any and all claims, demands, damages, or causes of action, whether known or unknown, arising out of or relating to illness, injury, or dissatisfaction allegedly caused by the consumption, storage, or use of our Products.

  6. Limitation of Remedies. In jurisdictions where liability cannot be fully disclaimed, our liability shall be strictly limited to the replacement value of the Product in question, not to exceed the original purchase price paid.

  7. MEDICAL LIABILITY WAIVER

    By purchasing, consuming, or otherwise using any products sold by The Killer Kangaroo Coffee Brand (including “Knockbox,” “Knockbox Coffee Company,” and “Knockbox NYC” " Knockbox Coffee" ), You hereby acknowledge and agree that we shall bear no financial responsibility or obligation to compensate You for any medical costs, treatments, or claims of injury, sickness, allergic reaction, or other health-related issues allegedly arising from such products. All medical expenses, if any, shall be borne solely by the consumer, and any and all rights to seek reimbursement from us are hereby expressly waived to the fullest extent permitted by law.


SECTION 22 – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

You and The Killer Kangaroo Coffee Brand (including “Knockbox,” “Knockbox Coffee Company,” “Knockbox Coffeeand “Knockbox NYC”) agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service, the Products, or the Services (collectively, “Disputes”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

  1. Arbitration Rules. The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, as modified by these Terms of Service. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this agreement to arbitrate.
  2. Class Action Waiver. You acknowledge and agree that arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action. YOU HEREBY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST US.
  3. Jury Trial Waiver. You hereby waive any right to a jury trial in any action, proceeding, or counterclaim.
  4. Costs and Fees. Each party shall bear its own arbitration costs and attorneys’ fees, except where otherwise required by applicable law.
  5. Severability. If any portion of this Arbitration Agreement is found unenforceable, the remaining portions shall remain in full force and effect.


SECTION 23 – FORCE MAJEURE

We shall not be held liable or responsible for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, public health emergencies, labor disputes, strikes, governmental actions, embargoes, wars, terrorism, civil disturbances, supply chain interruptions, power failures, internet outages, or any other event that renders performance commercially impracticable (“Force Majeure Event”).

  1. Suspension of Performance. Our obligations under these Terms shall be suspended for the duration of any Force Majeure Event, and performance deadlines shall be extended accordingly.
  2. No Liability. In no event shall we be liable for any damages, losses, or costs arising out of or relating to delays, interruptions, or failures caused by a Force Majeure Event.
  3. Termination Rights. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate this Agreement upon written notice without liability, except for obligations accrued prior to termination.


SECTION 24 – DIGITAL CONTENT AND USER-GENERATED CONTENT

Where our website or Services permit users to submit, upload, post, or otherwise provide content (including reviews, photographs, comments, or other submissions) (“User Content”), the following shall apply:

  1. License Grant. By submitting User Content, you grant us a worldwide, irrevocable, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, and otherwise exploit such content in any media, now known or later developed.
  2. Representations and Warranties. You represent and warrant that you own or otherwise control all rights to your User Content, that your submission is lawful, and that it does not violate the rights of any third party.
  3. Monitoring Rights. We reserve the right, but not the obligation, to monitor, edit, or remove User Content at our sole discretion.
  4. No Liability. We disclaim all liability for User Content posted by third parties and assume no responsibility for monitoring such content.


SECTION 25 – PRODUCT RESALE AND DISTRIBUTION

  1. No Unauthorized Resale. Our Products are sold exclusively for personal use by the purchaser. Resale, redistribution, or commercial exploitation of our Products without prior written consent from The Killer Kangaroo Coffee Brand is strictly prohibited.
  2. Void of Warranty. Any unauthorized resale or redistribution of our Products automatically voids all warranties, return rights, and liability protections.
  3. Indemnification. You agree to indemnify and hold us harmless from any claims, damages, or liabilities arising out of or relating to unauthorized resale or distribution of our Products.


SECTION 26 – LIMITATIONS OF REFUNDS AND RETURNS

  1. Final Sale Policy. Unless otherwise expressly provided in our posted Refund Policy, all sales are final. We are under no obligation to accept returns or issue refunds for Products once they have been purchased.
  2. Condition Requirements. Where returns are permitted under our Refund Policy, Products must be returned in their original, unopened condition, with proof of purchase, within the stated return period. Products that are opened, used, damaged, or altered in any way will not be eligible for return or refund.
  3. Exclusions. Refunds will not be provided for dissatisfaction with taste, subjective quality, or failure to meet individual expectations.
  4. Refund Limitation. Any approved refund shall be limited strictly to the purchase price actually paid by You for the Product in question and shall not include shipping costs, handling fees, or consequential damages.

Our contact information is posted below:
KNOCKBOX and KNOCKBOX COFFEE are brand identities of THE KILLER KANGAROO COFFEE BRAND
team@knockbox.shop