Terms of Use

1. Agreement to Terms

Welcome to Meza n Moka. These Terms of Use ("Terms") constitute a legally binding agreement between you and Meza n Moka ("Company," "we," "our," or "us"), a California restaurant and café located at 1116 E Stanley Blvd, Livermore, California 94550.

By accessing or using our website at mezanmoka.com (the "Website"), joining our waitlist, dining at our restaurant, or otherwise engaging with our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Website or services.

We reserve the right to modify these Terms at any time. Your continued use of our Website or services after changes are posted constitutes your acceptance of the modified Terms.

2. Eligibility

You must be at least 18 years old to use our Website and services. If you are under 18, you may use our Website only with the involvement and consent of a parent or legal guardian. By using our Website, you represent and warrant that you meet these eligibility requirements.

3. Waitlist Registration and Communications

3.1 Waitlist Sign-Up

When you join our waitlist, you agree to:

• Provide accurate, current, and complete personal information (name, email address, and optionally phone number)
• Maintain and promptly update your information to keep it accurate and current
• Accept responsibility for all activities that occur under your account
• Immediately notify us of any unauthorized use of your account or information

3.2 Email Communications

By joining our waitlist, you consent to receive email communications from Meza n Moka, including:

• Opening announcements and event notifications
• Promotional offers and marketing materials
• Updates about our menu, services, and special events
• Transactional emails related to your account or reservations

You may unsubscribe from promotional emails at any time by clicking the unsubscribe link in any email or contacting us directly. Transactional emails necessary to provide our services are not subject to unsubscribe.

3.3 SMS Communications

If you opt in to receive SMS/text messages by checking the SMS opt-in box:

• You expressly consent to receive marketing and promotional text messages from Meza n Moka
• You understand that consent is not a condition of purchase or use of our services
• You acknowledge that message and data rates may apply based on your mobile carrier plan
• You may opt out at any time by replying "STOP" to any text message or by contacting us
• Message frequency may vary

4. Free Coffee Promotion

4.1 Promotion Terms

Meza n Moka is offering a complimentary coffee promotion to waitlist members, subject to the following terms:

• Eligibility: Offer is valid only for individuals who join our waitlist prior to our official opening date
• Redemption Period: The free coffee must be redeemed during our opening event (specific dates to be announced)
• Promo Code: A unique promotional code will be sent to your registered email address approximately two (2) weeks before our opening
• Limit: One (1) free standard-size coffee per person. Offer applies to regular brewed coffee or standard espresso drinks; specialty beverages may require additional payment
• Non-Transferable: Promo codes are non-transferable and cannot be sold, bartered, or exchanged
• No Cash Value: Offer has no cash or monetary value and cannot be redeemed for cash
• Not Combinable: Cannot be combined with other offers, discounts, or promotions
• In-Person Redemption Only: Offer must be redeemed in person at our Livermore location

4.2 Modifications and Cancellation

We reserve the right to modify, suspend, or terminate the free coffee promotion at any time without prior notice or liability. We reserve the right to disqualify any participant who violates these Terms or engages in fraudulent behavior.

5. Restaurant Services and Reservations

We strive to accommodate all reservation requests, but availability is not guaranteed. We reserve the right to refuse service to anyone for any lawful reason. Menu items, prices, and availability are subject to change without notice. We make reasonable efforts to accurately display menu items, but we do not warrant that descriptions or pricing are error-free.

6. Food Allergies and Dietary Restrictions

While we make reasonable efforts to accommodate dietary restrictions and allergies, we cannot guarantee that our food products are free from allergens. Cross-contamination may occur. Please inform our staff of any allergies or dietary restrictions before ordering. You assume all risk and liability for any allergic reactions or adverse health effects resulting from consumption of our food and beverages.

7. Intellectual Property Rights

7.1 Our Intellectual Property

All content on our Website, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, page layout, underlying code, and software is the property of Meza n Moka and is protected by United States and international copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Website for personal, non-commercial purposes. You may not:

• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our Website or content
• Use any automated system (including robots, spiders, or scrapers) to access our Website
• Modify, adapt, or hack the Website or modify another website to falsely imply association with us
• Remove or alter any copyright, trademark, or other proprietary notices

7.3 Trademarks

"Meza n Moka" and our logo are trademarks of Meza n Moka. You may not use our trademarks without our prior written consent.

8. User Conduct and Prohibited Activities

You agree not to:

• Violate any applicable federal, state, or local laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any harmful code, viruses, or malware
• Engage in any fraudulent, abusive, or harassing behavior
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Interfere with or disrupt the operation of our Website or servers
• Collect or harvest information about other users without their consent
• Use our Website for any commercial purpose without our express written permission

9. Third-Party Links and Services

Our Website may contain links to third-party websites or services (such as payment processors, reservation platforms, or delivery services) that are not owned or controlled by Meza n Moka. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be liable for any damage or loss caused by your use of any third-party content, goods, or services.

10. Disclaimer of Warranties

OUR WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

• Our Website will function uninterrupted, securely, or be available at any particular time or location
• Any errors or defects will be corrected
• Our Website is free of viruses or other harmful components
• The results of using our Website will meet your requirements

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY CALIFORNIA LAW, IN NO EVENT SHALL MEZA N MOKA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• ANY DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) OUR WEBSITE OR SERVICES
• ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• ANY DAMAGES RESULTING FROM FOOD ALLERGIES, DIETARY RESTRICTIONS, OR FOOD-BORNE ILLNESS (EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT)

OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST SIX MONTHS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for consequential damages. Accordingly, some of the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Meza n Moka, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorney's fees) arising from:

• Your use of and access to our Website or services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any harm caused to a third party arising from your use of our Website or services

13. Dispute Resolution and Governing Law

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

13.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or your use of our Website shall be brought exclusively in the state or federal courts located in Alameda County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue.

13.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at hello@mezanmoka.com to attempt to resolve the dispute informally. We will make good faith efforts to resolve any disputes amicably.

14. Termination

We may terminate or suspend your access to our Website immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect by posting a notice on our Website. Material changes will be indicated by updating the "Last Updated" date at the top of these Terms.

By continuing to access or use our Website after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using our Website.

16. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while reflecting the original intent.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Meza n Moka regarding your use of our Website and services, and supersede all prior or contemporaneous communications and proposals, whether oral or written.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

19. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign or transfer these Terms at any time without restriction. Any attempted assignment or transfer in violation of this section shall be null and void.

20. California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

21. Accessibility

We are committed to ensuring our Website and services are accessible to individuals with disabilities. If you experience difficulty accessing any part of our Website or services, please contact us for assistance at hello@mezanmoka.com or +1 (925) 290-6968.

22. Contact Information

If you have any questions, concerns, or comments about these Terms of Use, please contact us:

BY USING OUR WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE.