Terms And Conditions
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms, conditions and policies referenced herein or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If we grant you an account to sell products through the Site (each such user, a "Seller"), you must also abide by the "Seller Guidelines", which are incorporated herein by reference and which may be updated from time to time without notice to you. The Seller Guidelines are available to you via hyperlink in the footer section of the Site after we approve and create your Seller account.
Effective Date: October 28, 2010.
1. Craft Coffee is a Venue
Craft Coffee acts as a venue to allow users who comply with Craft Coffee's policies to offer, sell, and buy roasted coffee beans and certain related goods within a fixed price format. Craft Coffee is not directly involved in the transaction between buyers and sellers. As a result, Craft Coffee has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. Craft Coffee does not pre-screen users or the content or information provided by users. Craft Coffee cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Craft Coffee does not transfer legal ownership of items from the seller to the buyer. Craft Coffee cannot guarantee the true identity, age, and nationality of a user. Craft Coffee encourages you to communicate directly with potential transaction partners through the tools available on the Site.
You agree that Craft Coffee is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Craft Coffee. You use the Craft Coffee service at your own risk.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Craft Coffee from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by reference.Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Craft Coffee of any unauthorized use of your password or any breach of security. You also agree that Craft Coffee cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Craft Coffee without Craft Coffee's express written permission. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your Craft Coffee account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: Craft Coffee's services are not available to temporarily or indefinitely suspended Craft Coffee members. Craft Coffee reserves the right, in Craft Coffee's sole discretion, to cancel unconfirmed or inactive accounts. Craft Coffee reserves the right to refuse service to anyone, for any reason, at any time.
3. Pricing and ServicesCancellation Policy: Month-to-month members can cancel their Craft Coffee membership at any time. There are no cancellation fees. Contact us at firstname.lastname@example.org or 877-497-2278 to cancel.
Members who purchase gift subscriptions for three, six or twelve month periods are NOT eligible for cancellation. Likewise, members who purchase six or twelve month tasting box packages are NOT eligible for cancellation. However, such members are able to change the shipping address and recipient of their subscription at any time.
4. Listing and SellingListing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Craft Coffee's policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your Craft Coffee shop. Your listings may include only text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Shop Policies: All sellers are urged to outline shop policies for their Craft Coffee shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with Craft Coffee's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Craft Coffee reserves the right to request that a seller modify a shop policy. Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding Craft Coffee transaction fees, misrepresent the item's location, or use another user's account without permission.
5. Prohibited ActivitiesYou are solely responsible for your conduct and activities on and relating to Craft Coffee and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Craft Coffee.
Restricted Activities: Your Content and your use of Craft Coffee shall not:
7. Information Control
Craft Coffee does not control the Content provided by users that is made available on Craft Coffee. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Craft Coffee, you agree to accept such risks and that Craft Coffee (and Craft Coffee's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Craft Coffee. Please use caution, common sense, and practice safe buying and selling when using Craft Coffee.Other Resources: Craft Coffee is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Craft Coffee does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Craft Coffee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
8. Resolution of Disputes and ReleaseIn the event a dispute arises between you and Craft Coffee, please contact Craft Coffee.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Craft Coffee agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Craft Coffee (and Craft Coffee's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Craft Coffee encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Craft Coffee, for the benefit of users, may try to help users resolve disputes. Craft Coffee does so in Craft Coffee's sole discretion, and Craft Coffee has no obligation to resolve disputes between users or between users and outside parties. To the extent that Craft Coffee attempts to resolve a dispute, Craft Coffee will do so in good faith based solely on Craft Coffee's policies. Craft Coffee will not make judgments regarding legal issues or claims.
9. Craft Coffee's Intellectual Property
Craft Coffee, and other Craft Coffee graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Caffeinated Labs, LLC in the U.S. and/or other countries. Craft Coffee's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
10. Access and Interference
Much of the information on Craft Coffee is updated on a real-time basis and is proprietary or is licensed to Craft Coffee by Craft Coffee's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access Craft Coffee for any purpose without Craft Coffee's prior express written permission. Additionally, you agree that you will not:
13. No Warranty
CRAFTCOFFEE, CRAFTCOFFEE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CRAFTCOFFEE'S SUPPLIERS PROVIDE CRAFTCOFFEE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CRAFTCOFFEE, CRAFTCOFFEE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CRAFTCOFFEE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CRAFTCOFFEE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Liability LimitIN NO EVENT SHALL CRAFTCOFFEE, AND (AS APPLICABLE) CRAFTCOFFEE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CRAFTCOFFEE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CRAFTCOFFEE'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
CRAFTCOFFEE'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CRAFTCOFFEE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CRAFTCOFFEE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD CRAFTCOFFEE AND (AS APPLICABLE) CRAFTCOFFEE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
16. No Guaranty
Craft Coffee does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Craft Coffee's control.
17. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Craft Coffee service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Craft Coffee's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
19. No Agency
You and Craft Coffee are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
20. Craft Coffee Service
21. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Pricing and Services), 6 (Content), 7 (Information Control), 8 (Resolution of Dispute and Release), 9 (Craft Coffee's Intellectual Property), 10 (Access and Interference), 11 (Breach), 12 (Privacy), 13 (No Warranty), 14 (Liability Limit), 15 (Indemnity), 16 (No Guaranty), 18 (Severability), 19 (No Agency), 21 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Caffeinated Labs, LLC Attn: Legal; 140 Metropolitan Ave, FL 3, Brooklyn, NY 11249 (in the case of Craft Coffee) or, in your case, to the email address you provide to Craft Coffee (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Craft Coffee may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Craft Coffee. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Caffeinated Labs, LLC, located at 140 Metropolitan Ave, FL 3, Brooklyn, NY 11249.