Terms & Conditions

Effective: June 5, 2018

[Revised October 23, 2024]

These terms and conditions (these “Terms and Conditions” or this “Agreement”) are entered into by and between you (“Client” or “you”) and Texas Coffee School (“Texas Coffee School”, “we”, or “us”).

Please read the Terms and Conditions carefully before registering for any Texas Coffee School class or doing business with Texas Coffee School. By submitting payment and/or by attending any Texas Coffee School class or workshop you are agreeing that you (a) have fully reviewed the Terms and Conditions more than 14 days prior to the course start date and (b) completely agree to the Terms and Conditions.

If you do not accept and agree to the Terms and Conditions, you must NOT register for any Texas Coffee School workshops or classes or seek consulting from Texas Coffee School of any kind.

Agreement

SECTION 1. TEXAS COFFEE SCHOOL

Texas Coffee School is not a career school or vocational school as defined by Texas Education Code. Texas Coffee School is a private coffee business consulting and barista training company; therefore Texas Coffee School offers no form of college credit or degree.

SECTION 2. PAYMENT

In order to register for any Texas Coffee School class/workshop, Client must pay Texas Coffee School in full, in advance, for class(es) they wish to attend, and for each person they wish to bring. All registrations/payments are accepted via the Texas Coffee School website on the corresponding class/workshop page or by phone (682) 710-1320 only. If Client registers by phone, or in person, Client agrees to all Terms and Conditions the same as if Client registered via the Texas Coffee School website. Registration for any class is not complete until payment clears, and you receive a confirmation email stating that you are registered. This can take up to 48 hours.

SECTION 3. REFUND & RESCHEDULING POLICY

Please read the proceeding Refund & Rescheduling Policy carefully before registering for any Texas Coffee School class. There will be no exceptions made under any circumstance. (Please do not ask for an exception to be made.) If you do not accept and agree to the proceeding terms, you must NOT register for any Texas Coffee School Class.

Texas Coffee School does not provide refund or reimbursement if you, a person you registered, or anyone in your party is unable to attend or does not want to attend the class or workshop you/they are registered for. Absolutely no exceptions for any reason.

To be eligible for rescheduling you must notify Texas Coffee School and withdraw from the original class at least 7 days before the original class is scheduled to begin. At that time you may reschedule for a future class date with seating still available, or place the class registration(s) on hold for up to one year from the original class date. Each rescheduled registration is subject to a 15% (of the total registration price) per person rescheduling fee. Absolutely no exceptions. You may only reschedule your class one time. If you do not attend the rescheduled class, the class registration is forfeited, and no refund is provided. You may allow someone to attend your class in your place if you notify Texas Coffee School in advance.

If you, a person you registered, or anyone in your party does not attend the class registered for, and/or Texas Coffee School is not provided at least 7 days advance notification as stated in the paragraph above, the class registration is forfeited, and no refund or rescheduling is provided. Absolutely no exceptions.

In the rare and unlikely event Texas Coffee School must postpone or cancel a class date due to unforeseeable circumstances including but not limited to situations involving inclement weather, COVID-19, or otherwise, you may either reschedule for a future class date of your choice with seating still available, or place the class registration(s) on hold for up to one year from the original class date. No refunds will be provided. We do not guarantee you will be able to reschedule into one of the next immediate classes, as they may already be full. You may only reschedule into a class with seating still available. You may only reschedule your class one time. If you do not attend the rescheduled class, the class registration is forfeited, and no refund is provided. Only under the circumstance of a class being cancelled or postponed by Texas Coffee School will rescheduling fees be waived, all other Terms and Conditions remain in effect. Absolutely no exceptions. You may allow someone to attend your class in your place if you notify Texas Coffee School in advance. (To learn more about Texas Coffee School COVID-19 protocols Click Here)

Texas Coffee School will honor any reasonable refund requests, in its sole discretion, where you (a) have attended at least half of the hours of the course you registered for, (b) request a refund in writing no later than 14 days after the course date, including a detailed explanation of your reasons for the refund, and (c) return all original Texas Coffee School course teaching materials received in class(es) within that same 14 day timeframe (Texas Coffee School mailing address: P.O. Box 170213, Arlington, Texas 76003). If all above listed criteria is met and Texas Coffee School, in its sole discretion, deems a refund request reasonable, the refund will be approved and issued. Refunds can take up to 30 days to process from the date Texas Coffee School deems the refund request reasonable.

SECTION 4. COURSE DESCRIPTIONS

3-Day Coffee Business Master Class

3-Day Coffee Business Master Class Cost Breakdown:
Barista Training (Part 1) Espresso – $350.00
Barista Training (Part 2) Milk – $325.00
Foundations of Coffee – $75.00
Coffee Extraction – $350.00
Coffee Brewing Methods – $250.00
Coffeepreneur® Mindset + Ecosystem for Success – $500.00
Coffee Business Planning + Operations Training Pt. 1 – $500.00
Coffee Business Planning + Operations Training Pt. 2 – $500.00
Live Q&A Session – $150.00

Total Combined Costs: $3000.00 / person

Business topics & resources will include, but are not limited to: Becoming a Coffeepreneur® – The Mindset + Ecosystem for Success, How to Open a Coffee Shop – A Detailed Step-by-Step Roadmap, Tools for Developing a Sound Coffee Business Concept, Beyond Great Coffee & Aesthetics – How to Stand Out + Stay Relevant, How to Write a Detailed Coffee Shop Business Plan, Sample Coffee Shop 5 Year Financial Plan Spreadsheet, Tools for Projecting Start-Up Investment and Return on Investment, Budgeting: Buildout, Rent, Labor, Cost of Goods, Marketing, and Operating Expenses, Coffee Shop Growth Strategy, Conventional and Unconventional Ways to Obtain Funding, Location Selection Based on a Formula, Not a Gut Feeling or Guess, Lease Negotiating Tips – Avoiding Common Business Killing Mistakes, Detailed Coffee Equipment + Supply Lists, Coffee Roaster and Vendor Recommendations + Contact Info, Customer Experience Planning Tips, Tools for Designing an Efficient Coffee Bar, Tools for Menu Planning, Menu Costing, Coffee House Recipes, Hiring the Right Contractors + Keeping on Schedule/Budget, Tools for Interviewing, Hiring and Training, Great Employees, A Soft Opening Game Plan, Sample Coffee Shop Management of Operations Manual, Sample Coffee Shop Employee Operations Manual, Sample Coffee Shop Employee Evaluation Form, Inventory Tracking Resources + Recommendations, Retail Sales – Tips for Increasing Profitability, Marketing Tips + Recommendations, Coffee Equipment Calibration Guides, Q&A Session.

Coffee education class topics will include, but are not limited to: Comprehensive Barista Training, Coffee Brewing Methods, Drink Building – Efficiently crafting popular coffee house hot, cold, and blended beverages, and Customer Service Training, Espresso history, grinder and espresso machine basics, grinder adjustment, proper espresso distribution and dosing, tamping technique, shot timing and extraction, proper milk steaming and texturing, basic pouring technique, classic drink preparation (espresso, cappuccino, latte, macchiato, Americano, and mocha), working with flavor syrups and sauces, milk science, latte art pouring techniques, equipment cleaning, customer service, determining correct coffee to water ratio, grind size, optimum brewing method, water temperature, water quality, filtering medium, coffee freshness, evaluating brewed coffee, troubleshooting poor tasting coffee, how to properly use a French press, Chemex, single cup brewer, batch brewer, iced/cold brewing methods, introduction to cold drinks, and introduction to tea.

2-Day Barista Training Class

2-Day Workshop Individual Classes Cost Breakdown:
Barista Training (Part 1) Espresso – $375.00
Barista Training (Part 2) Milk – $350
Foundations of Coffee – $175.00
Coffee Extraction – $400.00
Coffee Brewing Methods – $350.00

Total Combined Costs: $1,650.00 / person

This two-day workshop will include the Texas Coffee School Espresso & Milk Skills Class on day one, and the Texas Coffee School Brewing Methods Class on Day two.

Espresso & Milk Skills Class topics will include, but are not limited to: Espresso history, grinder and espresso machine basics, grinder adjustment, proper espresso distribution and dosing, tamping technique, shot timing and extraction, proper milk steaming and texturing, pouring technique, classic drink preparation (espresso, cappuccino, latte, macchiato, Americano, and mocha), basic equipment cleaning, customer service.

Quality Coffee Brewing Class topics will include, but are not limited to: fundamentals of quality-oriented coffee brewing, determining correct coffee to water ratio, grind size, optimum brewing method, water temperature, water quality, filtering medium, coffee freshness, evaluating brewed coffee, troubleshooting poor tasting coffee, how to properly use a French press, Chemex, Aeropress, Clever Coffee Dripper, batch brewer, cold brewed iced coffee maker.

Espresso & Milk Skills Class

Espresso & Milk Skills Class Cost Breakdown:
Barista Training (Part 1) Espresso – $425.00
Barista Training (Part 2) Milk – $425.00

Total Combined Costs: $850.00 / person

Espresso & Milk Skills Class topics will include, but are not limited to: Espresso history, grinder and espresso machine fundamentals, grinder adjustment, proper espresso distribution and dosing, tamping technique, shot timing and extraction, proper milk steaming and texturing, pouring technique, classic drink preparation (espresso, cappuccino, latte, macchiato, Americano, mocha, and flavored latte), basic equipment cleaning, customer service.

Quality Coffee Brewing Class

Quality Coffee Brewing Class Cost Breakdown:
Foundations of Coffee – $150.00
Coffee Extraction – $275.00
Coffee Brewing Methods – $225.00

Total Combined Costs: $650.00 / person

Latte Art Class

Latte Art Class – Time and Cost Breakdown:
(up to 4 hours) Latte Art Class – $425.00

Latte Art Class topics will include, but are not limited to: understanding milk chemistry, frothing pitchers, milk steaming and texturing technique latte art pouring mechanics: Heart, Ringed Heart, Rosetta, Tulip, hands-on latte art pouring with one-on-one instructor help, personal latte art pouring practice time, Tips for and tricks for practicing latte art at home, end of day student latte art throwdown.

Coffee Shop Manager Training Course

Coffee Shop Manager Training Course – Time and Cost Breakdown:
The Coffee Shop Management Ecosystem – $300
Managing Store Financials – $249

Total Combined Costs: $549.00 / person

Class topics will include, but are not limited to: Building an Effective Coffee Shop Management System, Effectively Communicating with Employees, Meeting Basic Customer Needs vs. Generating Brand Loyalty, Quality Control Through a Regimented Process, A Proactive System for Maintaining a Safe, Clean, & Friendly Environment, Pro Tools & Tactics For Handling Upset Customers, How To: Interview, Hire, Train, Review, Reprimand, Recognize & Promote Employees, Minimize Employee Turnover: Creating Positive Work Culture, How To Utilize, Coffee Shop Financial Reports, Cost of Goods Management: Short Term and Long Term, Tips & Tools for Managing Inventory, Forecasting, Budgeting & Scheduling Labor, Balancing a Cash Drawer, Cash Handling, Tips, & Deposit Procedures, Take Home References and Resources for Continued Learning.

Coffee Cupping (Class and Activity)

Coffee Cupping Class topics will include, but are not limited to: Techniques industry pros use to taste and evaluate coffee, tasting and evaluating different seasonal coffees from different regions, coffee origins, and general coffee knowledge.

Please Note: Students will be using personal soup spoons (provided in the class) to ladle coffee out of cups for tasting. The cups students ladle from are shared by everyone in the class. Students are asked to rinse spoons in provided hot water cups between tasting from each cup. The method we use is not unique to Texas Coffee School. This is the methodology that is used all over the world for professional coffee tasting and evaluating. Although we take industry standard precautions to keep spoons clean between each cup, students that are not comfortable with the above described method of tasting coffee must not register for, or participate in this class or this activity in a class. By registering for this class or participating in this activity within a class you are agreeing that you understand that you are tasting coffee from the same source others are tasting from and you realize and accept any potential risks in doing so.

SECTION 5. RECORDS RETENTION AND DESTRUCTION POLICY

At Texas Coffee School, we are required under Texas Education Code § 132.003(a)(8) to maintain records of your attendance, fees paid, and any refunds given for a period of at least three years from course completion, and to provide proof of such record-keeping on request to the Texas Workforce Commission or other authorized agency. After three years, all attendance, fee, and refund records will be destroyed for the protection of your privacy and payment information.

SECTION 6. LIMITATION OF LIABILITY

Based upon its prior experience, Texas Coffee School will provide general instruction and consultation to Client. Client acknowledges, understands, and agrees that Client makes all final decisions and takes all actions regarding Client’s operations and future. Client accepts complete and ultimate responsibility and/or liability for all decisions that Client may or may not make and actions that Client may or may not take as a result of attending any Texas Coffee School class and agreeing to these Terms and Conditions.

Texas Coffee School does not represent or warrant that (i) Client will be profitable as a result of attending Texas Coffee School classes or from receiving consultation or advisement from Texas Coffee School, or (ii) that consulting services or training from Texas Coffee School will be the difference between profitability and unprofitability, success and failure, financial or otherwise, of Client, Client’s business, or Client’s career.

IN NO EVENT SHALL TEXAS COFFEE SCHOOL BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT TEXAS COFFEE SCHOOL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL TEXAS COFFEE SCHOOL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO TEXAS COFFEE SCHOOL FOR THE CLASSES PURCHASED BY CLIENT.

Client acknowledges and agrees that the success of Client’s business is the product of many variables, including but not limited to Client’s personal drive, business concept, market, location, promotion, marketing, staffing, training, customer service, product quality, menu, demographics, business volume, attitude, organization, cost control, adaptability, outside factors, and business image. Client hereby waives any claim against Texas Coffee School, its employees or agents for any costs, damages or expenses in any manner arising out of Texas Coffee School’s performance in classes, consulting, or otherwise under this Agreement. Client waives any claim for incidental or consequential damages.

Client agrees to defend, indemnify and hold Texas Coffee School, its employees, agents representing or related to Texas Coffee School (the “Released Parties”) harmless from and against any and all actions, suits, claims, demands, causes of action, proceedings, losses, costs, expenses including, without limitation, all attorney fees and disbursements, damages, liability and fines or penalties, in any way arising out of, relating to, or directly or indirectly connected with Texas Coffee School classes, trainings, events, gatherings, consulting, meetings, or advisement whether or not there is negligence or fault on the part of the Released Parties.

Client assumes all risk of personal injury, including death and damage to personal property sustained during any Texas Coffee School related class, training, gathering or event and waives any and all claims against the Released Parties arising from any and all liability for any injury, death or damages, suffered by the Client during or after any Texas Coffee School related, class, training, event, or gathering, whether due to negligence of the Released Parties, their respective agents, or peers.

SECTION 7. PROFESSIONAL ADVICE

Texas Coffee School recommends, and Client understands and agrees, that Client should seek the advice and counseling of other professionals including, but not limited to, attorneys, bankers, accountants, real estate brokers, and other consultants before making financial or significant legally binding decisions, including without limitations signing leases, contracts, loan documents, equipment purchases, and material and supply purchases.

SECTION 8. BINDING EFFECT

These Terms and Conditions will be binding on the parties and their respective heirs, personal representatives, successors, and permitted assigns, and will inure to their benefit.

SECTION 9. AMENDMENT

Texas Coffee School may revise and update these Terms and Conditions from time to time in its sole discretion. All changes are effectively immediately when we post them to this website and apply to all access to and use of this website and our services thereafter. You are expected to review these Terms and Conditions each time you register for a class or purchase other Texas Coffee School services so you are aware of any changes, as they are binding on you.

SECTION 10. SEVERABILITY

If a provision of these Terms and Conditions is determined to be unenforceable in any respect, the enforceability of the provision in any other respect and of the remaining provisions will not be impaired.

SECTION 11. GOVERNING LAW

This Agreement will be governed by the laws of the state of Texas without regard for conflicts of laws principles. Any action shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Tarrant County, Texas and no other place. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

SECTION 12. ATTORNEYS’ FEES

If any legal action or proceeding, including any arbitration of disputes or any appeal thereof, arising out of or relating to this Agreement, is brought by either party, the prevailing party as determined by the arbitrator shall be entitled to receive from the other party, in addition to any other relief that may be granted, reasonable attorneys’ fees, costs and expenses incurred in the action or proceeding by the prevailing party.

SECTION 13. ENTIRE AGREEMENT

This Agreement between the Client and Texas Coffee School supersedes any prior understandings and agreements, written or oral and any subsequent billing requirements, or letters submitted to Texas Coffee School by the Client. The language used in this Agreement will be deemed to be the language chosen by Texas Coffee School and Client to express their mutual intent, and no rules of strict construction will be applied against either party.

SECTION 14. FILM AND PHOTO RELEASE

Client grants Texas Coffee School the right to publish, broadcast, duplicate, distribute and/or televise Client’s image, and all material herein agreed to, for advertising, promotion, educational or public service purposes. Client hereby waives any claim to royalties or other payments in connection with the publication, broadcast or other use of such material. Client hereby waives any personal or property rights which Client may have in connection with the publication, broadcast or other use of Client’s image. Client hereby grants permission to the Texas Coffee School to use Client’s photograph and/or testimonial on its website or in other printed publications without further consideration, and Client acknowledges the right of Texas Coffee School to crop or treat the photograph at its discretion. Client also acknowledges that the Texas Coffee School may choose not to use Client photo at this time, but may do so at its own discretion at a later date.

SECTION 15. SHARING YOUR CONTACT INFORMATION

Texas Coffee School reserves the right to supply each of its partners and/or affiliates with your contact information.

SECTION 16. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

All materials presented online, in class sessions, and in any class documents are the exclusive property of Texas Coffee School and are protected by U.S. and international copyright, trademark, trade secret, and other intellectual property laws and treaties. Clients agree not to reproduce, distribute, modify, create derivative works from, publicly display, perform, republish, download, scan, store, transmit, or share any documents or materials from class sessions without prior written consent from Texas Coffee School. Such actions are strictly prohibited and will be prosecuted to the fullest extent of the law. We actively monitor for copyright infringements and enforce our rights vigorously.

Texas Coffee School is the owner, creator, and developer of a unique and proprietary methodology, technology, and system for coffee business consulting, coffee business training, coffee education, and barista training. Texas Coffee School will utilize the above-mentioned proprietary methodology, technology, and system to carry out different tasks and aspects of training and consulting. Client understands that Texas Coffee School owns and retains all right, title, and interest in all Texas Coffee School Intellectual Property (methodology, training materials, class documents, consulting documents, training methods, course curriculum, products, processes, taxonomy, trade secrets, know-how, show-how, trademarks, original works of authorship, and copyrights) being utilized in classes or in consulting.

This Intellectual Property may not be used, copied, reproduced, or adapted to develop or support any competing educational programs, consulting services, or business ventures. Any unauthorized use, duplication, transmission, or distribution will result in legal action and will be prosecuted to the fullest extent of the law. Authorization for any use of this Intellectual Property will only be granted through a formal written agreement between Texas Coffee School and the Client.

Limited License: Upon enrollment in any Texas Coffee School class, Texas Coffee School may provide the enrolled Client with written, printed, or electronic class materials and documents (the “Materials”). Texas Coffee School grants the enrolled Client a limited, revocable, non-exclusive, and non-transferable license to use the Materials solely for the Client’s non-commercial personal use or for the opening and/or operation of a retail coffee shop business owned by the Client.

This license strictly prohibits the reproduction, distribution, assignment, sublicensing, sale, creation of derivative works, adaptation for the development or support of any competing educational programs, consulting services, or business ventures, or any other use of the Materials by the Client, except as expressly permitted by a formal written agreement between the Client and Texas Coffee School. The license is granted exclusively to the enrolled Client and may not be transferred or shared with any third party. Under no circumstances may the Client share, reproduce, or distribute the Materials without prior written consent from Texas Coffee School.

SECTION 17. TRAVEL EXPENSES

Client is responsible for the arrangement and payment of all travel-related expenses such as airfare, hotel, car rental, meals, etc.

SECTION 18. AUDIO AND VIDEO RECORDING

Audio and video recording are strictly prohibited at Texas Coffee School. All presentations and classes are the Intellectual Property of Texas Coffee School and may not be recorded under any circumstance. Texas Coffee School reserves the right to film and or record audio and video anywhere on Texas Coffee School premises.

SECTION 19. MILITARY DISCOUNT TERMS & CONDITIONS

Military Discount is for United States military personnel, past and present ONLY.

The military personnel that receives a Military Discount must be the student attending Texas Coffee School. Military Discounts are not transferable to others.

Military Discount is not extended to anyone else in the same party (or otherwise) that did not serve in the United States military. This may require you to create separate registrations. We are happy to assist by phone if you need help.

To receive discount, we will take it at your word that you are indeed United States military personnel, past or present, at time of registration/payment. However, to be admitted into any Texas Coffee School class, you must show a valid photo United States military identification card or DD214 and photo ID upon arrival for class. If you are not able to show our instructor the proper United States military identification card or DD214 and photo ID upon arrival for class, you will not be admitted into class unless you pay the amount discounted at time of registration. Don’t forget proper military identification!

Military Discount is only offered at time of original registration/payment. We are unable to provide refunds.

Military Discount only applies to regular Texas Coffee School Classes.

SECTION 20. GIFT CERTIFICATE TERMS & CONDITIONS

Texas Coffee School gift certificates/gift cards are non-refundable. Absolutely no exceptions.

Texas Coffee School gift certificates/gift cards will be active for 5 full years from original purchase date. If a gift certificates/gift card is not redeemed within 5 years from original purchase date, it will expire and will not be replaced, refunded, or extended.

Texas Coffee School gift certificates/gift cards can only be redeemed at regularly scheduled classes/events that still have space available.

Texas Coffee School gift certificates/gift cards cannot be used to purchase gift certificates/gift cards.

Texas Coffee School gift certificates/gift cards cannot redeemable for cash and cannot be returned for a cash refund by any party.

Texas Coffee School gift certificates/gift cards are transferable.

If your transaction exceeds the amount of your Texas Coffee School gift certificates/gift cards, recipient must pay the remaining balance with a credit card, cash, or check.

Texas Coffee School, and/or anyone affiliated with Texas Coffee School is not responsible for lost or stolen gift cards.

Texas Coffee School has the right to close gift certificates/gift cards accounts and request alternative forms of payment if a fraudulently obtained gift certificates/gift cards is redeemed.

In the event a Texas Coffee School gift certificates/gift cards code is non-functional, your sole remedy, and Texas Coffee School’s sole liability, shall be the replacement of such gift card.

SECTION 21. FORCE MAJEURE

Texas Coffee School shall not be liable or responsible to Client, nor be deemed to have defaulted or breached this Agreement, for any delay or cancellation of a class or service, or failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such cancellation, failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Texas Coffee School including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to Texas Coffee School’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, water outage, government mandates or executive orders and/or lockdowns.

SECTION 22. NO THIRD-PARTY BENEFICIARIES

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms and Conditions.