We reserve the right to add, delete and/or modify any of the Terms & Conditions contained herein, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website at any time without prior notice. You should review these Terms & Conditions each time you access the Website. If at any time you do not accept all of these Terms & Conditions and any modifications thereto, your only recourse is to not use the Website and Website Services.
Acceptance and Use of Website
By clicking your acceptance, you agree to be bound by these Terms & Conditions in their entirety and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or servicers of the Website. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference herein. Any person or entity who interacts with the Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the Website and bound by these Terms and Conditions.
We provide Internet-based services through the Website (all such services, collectively, the “Website Services”). The use of the Website Services is governed by these Terms and Conditions. In particular, the Website enables users to select artwork designed by artists (“Artwork”) and create and purchase customized packaging of coffee featuring such Artwork for your own personal use (“Products”). The Artwork that is available via the Website Services has been made available only upon obtaining the consent of the owner of the Artwork who has licensed their rights to 3-19 Coffee under separate agreement.
Intellectual Property Rights
Our Website and its entire contents, features and functionality, including but not limited to all information, Artwork, software, text displays, images, video and audio, and the design, selection, arrangement, and enhancement thereof (“Content”) are owned by 3-19 Coffee, its licensors or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing in these Terms and Conditions or otherwise will be deemed to grant to you any right, title, or interest in an ownership interest in any intellectual property owned by us.
You hereby grant to 3-19 Coffee and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any images, writings, illustrations, audio or video recordings and other content that you post on our Website (“Postings”), in whole or part, and to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purposes, without your approval or right of accounting. You represent and warrant that your Postings are original to you, do not infringe on another party’s intellectual property rights and no other party has any rights thereto.
Use of the Website and the Website Services
Eligibility. If you are under the age of 18, but at least 13 years of age, you must use the Website and the Website Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions. The 3-19 Coffee is not intended for children under the age of 13.
Compliance with Terms & Conditions and Applicable Law. You must comply with all of the Terms of Conditions herein, the applicable agreements and policies referred to below, and all applicable laws, regulations, and rules when you use the Website and the Website Services.
Your License to Use the Website and the Website Services.
Limited License. 3-19 Coffee grants you a limited revocable license to access and use the Website and the Website Services for its intended purposes only as outlined under the General Rules under Section 5. If you use the Website and/or the Website Services in a manner that exceeds the scope of this license or you breach the Terms and Conditions, we have the right to initiate legal action, including actions to obtain injunctive relief.
Permitted Use. We grant you a limited license to access and make personal use of the Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions, including, without limitation, the prohibitions listed in Section 5.2 Prohibited Use. Customization and/or purchase of our Products does not entitle you to use any portion of Artwork apart from the finished Products as they are supplied by us. We retain full ownership of all rights associated with the Artwork.
Prohibited Use. As a condition of your use of this Website, you warrant to 3-19 Coffee that you will not use the Website for any purpose that is unlawful or prohibited by the Terms & Conditions. Your engagement in any of the prohibited uses below constitutes a material breach of these Terms & Conditions. Specifically, but not by way of limitation, you may not:
download, reproduce, distribute, modify, create derivative works of, publicly display, republish, download, copy, store or transmit any of the Artwork;
access, download, print, post, store, or otherwise use the Website or any of the Content for any commercial use;
download, copy, or transmit any Content for the benefit of any other merchant;
use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website;
frame, mirror, or use framing techniques on any part of the Website;
make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Website Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
use any meta tags or any other hidden text utilizing 3-19 Coffee's name or trademarks;
misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website, or express or imply that we endorse any statement you make;
use a buying agent to conduct transactions on the Website;
conduct fraudulent activities on the Website;
violate or attempt to violate the security of the Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Website, overloading, "flooding," "spamming," "mailbombing", or "crashing"; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Website (impersonating the Website) or to the Website (impersonating another user);
send unsolicited or unauthorized email on behalf of 3-19 Coffee, including promotions and/or advertising of products or services;
tamper with the Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Website or any activity being conducted on the Website;
use the Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others' privacy rights or rights of publicity
harvest or collect personally identifiable information about other users of the Website;
restrict or inhibit any other person from using the Website (including, without limitation, by hacking or defacing any portion of the Website);
reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website;
modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website;
remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website; or
assisting or encouraging any third party in engaging in any activity prohibited by the Terms & Conditions.
Linking to/from the Website
Linking to the Website. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. If you wish to link to the Website, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
Links from the Website. Any links from the Website to other sites and resources provided by third parties are provided for your convenience only. We have no control over the contents of those sites, and accept no responsibility for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such them or for any loss or damage that may arise from or relate to your use of those sites. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Reservation of Rights
Monitoring. We reserve the right to monitor transactions and communications that occur through the Website. If we determine, in our sole and absolute discretion, that any 3-19 Coffee users will breach a term or condition of these Terms & Conditions or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of the Website Services, without any liability to you or any third party.
Modification of the Service. We reserve the right to modify the organization, structure or “look or feel” of the Website Services or the Website, and may change, suspend, or discontinue any aspect of the Website Services at any time without any liability to you or any third party. We shall have complete discretion over the features, functions, prices, and other terms and conditions on which the Website Services is offered to you. Each time you use the Website, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the bottom of these Terms & Conditions. Your continued use of the Website will constitute your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Website will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Termination of Your Account. We reserve the right, without notice and in its sole discretion, to terminate your account or your use of the Website and to block or prevent future access to and use of the Website (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Website will immediately cease. You agree that we shall not be liable to you or any third party for any termination of your access to the Website. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
DISCLAIMERS OF WARRANTIES
THE WEBSITE AND ALL THE CONTENT ARE PROVIDED BY 3-19 COFFEE ON AN "AS IS," "AS AVAILABLE" BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, WEBSITE SERVICES OR ITS USE: (i) WILL BE UNINTERRUPTED; (ii) WILL BE FREE OF INACCURACIES OR ERRORS; (iii) WILL BE FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS OR DENIAL OF SERVICE ATTACKS); (iv) WILL MEET YOUR REQUIREMENTS; OR (v) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS & CONDITIONS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY 3-19 COFFEE.
IF NUTRITION, INGREDIENT, OR OTHER PRODUCT INFORMATION IS PROVIDED THROUGH THE WEBSITE, 3-19 COFFEE DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCT'S LABEL. IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT, PLEASE CONTACT US.
THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE WEBSITE. IN NO EVENT WILL 3-19 COFFEE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL 3-19 COFFEE OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF 3-19 COFFEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND 3-19 COFFEE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 3-19 COFFEE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS & CONDITIONS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THESE TERMS & CONDITIONS, IN NO EVENT WILL THE LIABILITY OF 3-19 COFFEE IN CONNECTION WITH THESE TERMS & CONDITIONS EXCEED THE AMOUNT PAID BY YOU TO 3-19 COFFEE DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY.
You hereby agree to defend, indemnify, and hold harmless 3-19 Coffee and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys' fees and expenses) arising out of or otherwise relating to your violation of these Terms & Conditions and/or your use of the Website including, without limitation, any use of the Content and Products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from our Website.
The Website is controlled and operated by 3-19 Coffee from the United States, and is not intended to subject 3-19 Coffee to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Notices and Electronic Communications
In the case of notices we send to you, you consent to receive notices and other communications by 3-19 Coffee posting notices on the Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed received (i) 24 hours after the notice is posted on the Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
California Civil Code Section 1789.3 Compliance
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:
If you have a question or complaint regarding the Website, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Proposition 65 Warning
The Safe Drinking Water and Toxic Enforcement Act of 1986 (known as Proposition 65) is a California law intended to protect California citizens from chemicals known to cause cancer or birth defects or other reproductive harm and to inform citizens about exposure to such chemicals. One such chemical is acrylamide, which may be present in coffee, including the coffee sold by 3-19 Coffee. Acrylamide is not added to our coffee; rather it is a naturally occurring byproduct formed when certain sugars and an amino acid react to high temperatures, such as when coffee is roasted. The FDA has not advised people to stop drinking coffee that contains acrylamide. For more information regarding the FDA’s views, please visit www.fda.gov. For more information regarding acrylamide and Proposition 65, please visit http://oehha.ca.gov/proposition-65/general-info/acrylamide.
Governing Law and Jurisdiction
By using this website, you agree that all matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of California, without giving effect to any choice or conflict of law provision. You further agree that any legal suit, action or proceeding arising out of, or related to, these Terms or our Website will be instituted and adjudicated exclusively in the federal or state courts located in San Francisco County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Dispute Resolution and Binding Arbitration
3-19 Coffee and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
Any dispute, claim or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your use of the Website and your purchase of products or service through the Website, will be resolved exclusively and finally by binding arbitration, except that you may assert claims in small claims court if your claims qualify; or (ii) you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to this agreement.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and 3-19 Coffee with respect to the Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Last Updated: January 20, 2017