These Terms and Conditions act as a contractual agreement (“Agreement”) between you and Search and Perch, LLC dba The Coffee Concierge (“The Coffee Concierge”, “us”, “we”, “our”), and applies to your use of www.thecoffeeconcierge.net. (“Site”). If you do not agree to be bound by the terms of this Agreement as detailed herein, please do not use or access the website. YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND LEGALLY COMPETENT TO ENTER INTO THIS AGREEMENT.
2. LICENSE. We grant you a non-exclusive, non-sublicensable, non-transferable license and right to use and access the Site. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information provided on the Site or publications provided through the Site without our express consent. You further understand no ownership right in the content on this Site or publications being provided through it is being granted to you.
3. ORIGINAL PRODUCTS. We offer original products we’ve created through the Site. You hereby authorize us and our payment processor to charge your payment source in advance of the delivery of an original product of your choice for all applicable fees incurred by you or on your behalf in connection with that product. If payment cannot be obtained from the payment resource you provide or the charge is returned for any reason, your rights to access the product in question shall be void.
4. REFUNDS. The Coffee Concierge offers a 90-day refund period on any original products you purchase through the Site. Contact us to request a refund.
5. VIOLATIONS. If you materially breach any term of this Agreement, we may, in our sole discretion, terminate your access to the Site. We reserve the right to seek all remedies available by law and in equity for such breaches.
6. GOVERNING LAW AND VENUE. This Agreement shall be construed in accordance with and governed by the laws of California and the United States without reference to their rules regarding conflicts of law. However, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in San Francisco, California in all disputes arising out of or related to the use of the Site.
7. COMMUNICATION. When you contact us or sign up to receive our newsletter, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute proper written communication in compliance with any and all legal notice requirements.
8. USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant The Coffee Concierge, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use the User Content in connection with the Internet business of The Coffee Concierge, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
9. NO WARRANTIES. THE COFFEE CONCIERGE HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COFFEE CONCIERGE DOES NOT WARRANT THAT THE SITE OR CONTENT OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
10. LIMITED LIABILITY. THE COFFEE CONCIERGE DISCLAIMS ANY AND ALL LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THIS AGREEMENT. THE COFFEE CONCIERGE ’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED $500 SHOULD YOU BE DECLARED THE PREVAILING PARTY IN A CLAIM AGAINST US
11. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 9 AND 10 MAY NOT APPLY TO YOU.
12. SITE TERMINATION. We reserve the right to no longer make available all or part of the Site at any time in our sole discretion.
13. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
14. AFFILIATED SITES. The Coffee Concierge has no control over and assumes no liability for any third party websites or materials. The Coffee Concierge works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because The Coffee Concierge has no control over the content and performance of these partner and affiliate sites, The Coffee Concierge makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and The Coffee Concierge assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that The Coffee Concierge makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
15. PROHIBITED USES. The Coffee Concierge imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by The Coffee Concierge; or (f) automatically or manually scraping or copying the content from the Site without our consent. Any violation may subject you to civil and/or criminal liability.
16. INDEMNITY. You agree to indemnify, defend, and hold harmless The Coffee Concierge, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, of any intellectual property or other right of any person or entity. The Coffee Concierge will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. COPYRIGHT. All contents, excluding user generated content, Copyright 2017 Search and Perch, LLC. All rights reserved.
18. SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable or null, all other terms will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos of The Coffee Concierge or any third party.
20. MODIFICATIONS. The Coffee Concierge may, in its sole discretion, modify or amend this Agreement at any time. The Coffee Concierge shall post notice of any such changes on the Site and shall email you notice of such changes if we have an email address for you. Your decision to continue to use the Site upon such notice shall constitute your acceptance of any amendments to this document. You may choose to reject the amendments by terminating your use of the Site.
Please contact us if you have any questions regarding these Terms and Conditions.