Terms and Conditions

Over 40 Alpha Coffee Shop – Terms and Conditions of Use and Sale

IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS OF USE AND CONDITIONS OF SALE BEFORE ACCESSING, USING, OR PLACING AN ORDER OVER HTTPS://OVER40ALPHACOFFEESHOP.COM. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES (SEE SECTIONS 14 AND 15). THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Your use of https://over40alphacoffeeshop.com (the “Website”), owned and operated by Funk Roberts Fitness Inc. d/b/a Over 40 Alpha Coffee Shop (“Over 40 Alpha Coffee Shop,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. By accessing, browsing, using, or placing an order through this Website, you agree to these Terms. If you do not agree, you are not authorized to use this Website.

THIS AGREEMENT CONTAINS ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, JURY TRIAL, AND CLASS ACTION PARTICIPATION. PLEASE REVIEW SECTION 16 CAREFULLY.

We reserve the right to update or modify these Terms at any time by posting changes on this Website. Your continued use constitutes acceptance of those changes.

1. Website Use

By using this Website, you represent that you are at least the age of majority in your state or province. You confirm you have legal capacity to enter into this Agreement. All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws. You do not acquire any ownership or other rights by downloading or using the Website or any material on it.

You agree not to use or attempt to use the Website or any products or services in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.

2. Privacy & Security

Our Privacy Policy, available at [link to Privacy Policy], governs how we collect and use your data. This Policy is incorporated into these Terms by reference.

3. Intellectual Property and Restrictions

All Website content is the property of Over 40 Alpha Coffee Shop and protected by U.S. and international copyright and trademark law. You may not copy, resell, or misuse any Website content. You agree not to use the Website unlawfully, including hacking, distributing malicious code, or posting offensive content.

4. Products for Personal Use Only

Products purchased are for personal, non-commercial use only. Resale or redistribution without our consent is prohibited.

Over 40 Alpha Coffee Shop does not guarantee specific health, fitness, or lifestyle outcomes. Coffee and related products are to be used as part of a healthy lifestyle. Results vary.

5. No Medical Advice

The Website content is for informational purposes only and is not medical advice. Statements about products have not been evaluated by the Food and Drug Administration (FDA) and are not intended to diagnose, treat, cure, or prevent any disease. Consult your physician before use.

6. Product Information & Errors

While we endeavor to provide accurate and current information on our Website, there may be information on our Website 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 Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website. We reserve the right to correct such errors, even after you have placed an order.

7. Modifications & Availability

We reserve the right at any time to modify or discontinue access to the Website (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, suspension, or discontinuance of access to the Website.  Certain products or services may be available exclusively online through the Website.  These products or services may have limited quantities and are subject to return or exchange only according to our Shipping and returns Policies.

We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.  Any offer for any product or service made on this Website is void where prohibited.

8. Payment

We accept major U.S. credit/debit cards (Visa, MasterCard, American Express, Discover) and other payment options listed at checkout. By submitting payment information, you confirm you are authorized to use the method provided. You are responsible for any associated fees from your bank or card issuer.

When placing an order online, you will need:

  • The address the card’s statement is sent to (billing address);
  • The card number and expiration date; and
  • The 3 or 4 digit code found only on the card (CVV2 code).

By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) all payment information provided is complete and accurate; (iii) you will be responsible for any credit card fees; and (iv) that sufficient funds exist to pay us the amount(s) due.

We and our third party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly.  Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

8. Order Placement & Acceptance

Submitting an order does not guarantee acceptance. We reserve the right to reject or cancel any order at our discretion. Refunds will be issued to the original payment method if an order is denied.

9. Subscriptions (If Applicable)

If you sign up for a Subscribe & Save plan, recurring payments will be billed automatically until canceled. You may cancel at any time by contacting us at support@over40alphacoffeeshop.com. If payment fails, we may continue attempting charges or suspend service. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses

10. Shipping Policies

  • U.S. orders typically ship within 7 business days.
  • International orders may take 14–30 business days and are subject to customs delays.
  • We are not responsible for incorrect addresses provided at checkout.

Delivery confirmation by carrier is considered proof of delivery.

11. Returns & Refunds

We offer a 30-day Money Back Guarantee. If you are not satisfied, email support@over40alphacoffeeshop.com within 30 days of purchase to request a return authorization.

  • Customer pays return shipping unless product is defective.
  • Refunds exclude shipping costs.
  • Refunds will be issued once returned items are received.

12. Social Media & Public Submissions

Any content you post or submit (reviews, testimonials, photos, ideas, suggestions) may be used by Over 40 Alpha Coffee Shop in any format worldwide, without compensation, and becomes our property.

Regarding social media…this section applies to everyone who interacts with our social media presence, including comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter, Google+, LinkedIn, or any of the many other available external third-party social media platforms we may utilize (“Social Media Presence”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms nor our Privacy Statement apply to our Social Media Presence. The sites and platforms that host our Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Muscle Monsters. Comments that some would consider inappropriate, or offensive may appear on our Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose.

13. Disclaimer of Warranties

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Limitation of Liability

To the fullest extent permitted by law, Over 40 Alpha Coffee Shop and its affiliates are not liable for indirect, incidental, or consequential damages, including loss of profits, data, or goodwill. Our maximum liability shall not exceed $500.00.

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT FUNK ROBERTS FITNESS INC, OVER 40 ALPHA COFFEE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER LIVE ANABOLIC HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, LIVE ANABOLIC IS FOUND LIABLE UNDER ANY THEORY, LIVE ANABOLIC’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER OVER 40 ALPHA COFFEE & FITNESS SHOP WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Dispute Resolution – Arbitration & Class Action Waiver

You agree to resolve any disputes with Over 40 Alpha Coffee Shop through binding arbitration, not in court. You waive rights to jury trial and class actions. Arbitration will be conducted under the American Arbitration Association (AAA) rules.

Exceptions: small claims court actions and intellectual property disputes.

16. Indemnification

You agree to indemnify and hold harmless Over 40 Alpha Coffee Shop and its affiliates from claims arising out of your breach of these Terms or violation of law.

17. Third-Party Links

We are not responsible for third-party sites linked from our Website. Engage with third-party sites at your own risk.

18. Electronic Communications

By using the Website, you consent to receive electronic communications from us, which carry the same force as written communications.

19. Assignment

You may not assign rights under these Terms. We may transfer our rights in connection with mergers, acquisitions, or sales.

20. Severability

If any provision of these Terms is deemed unenforceable, the remainder remains valid and enforceable.

21. Termination

We reserve the right to suspend or terminate your access at any time without notice if you violate these Terms.

22. Entire Agreement

These Terms, along with our Privacy Policy and Shipping & Returns Policy, constitute the entire agreement between you and Over 40 Alpha Coffee Shop.

23. Contact Information

Questions about these Terms or purchases may be directed to:

24. Over 40 Alpha Coffee Shop

Email: support@over40alphacoffeeshop.com
Website: https://over40alphacoffeeshop.com

0