NEW TERMS OF SERVICE
Effective Date: June 24th, 2022
Please read these Terms carefully before using our websites and any online services, software or apps provided by Wholesale Coffee Suppliers.co (“we”, or “us” or “our”) that post a link to these Terms (the “Service”). The Service is operated by Wholesale Coffee Suppliers.co. Wholesale Coffee Suppliers.co offers this Service, including all information, tools and services available from this Service to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes as to the continued usage of the Service.
These Terms are a contract that limits your rights and remedies and our liability, and grants us rights from you. This includes mandatory arbitration of disputes and waiver of class actions. Read the entirety of these Terms and do not use the Service if you do not agree.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Service. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your right to access or use Services.
SECTION 2 – SUBSCRIPTIONS
We may offer different subscription plans for our coffee products and merchandise (each, a “Subscription”). The products in your Subscription(s) and the frequency of delivery may vary depending upon your selections. Any changes you make to your Subscription(s) may also result in changes to any applicable shipping and handling charges as well as delivery times. If we change the prices or other charges associated with our Subscription plans, we will provide you with notice of such changes, such as by email or a notice posted on our websites. The fees for your Subscription(s) can be found on your My Account page under Subscriptions and are subject to change in the future at our discretion.
You may cancel your Subscription(s) at any time for any reason on your My Account page under Manage Subscriptions. Cancellations will only apply to future charges and no refunds will be given for cancellations made after the renewal date for the Subscription(s).
In the event you cancel your Subscription(s), please note that we may still send you promotional communications unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
SECTION 3 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time, as permitted by applicable law. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks consistent with credit card industry security obligations. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use the Service, or access the Service, or any content on the Service, except as expressly permitted by these Terms, or applicable Additional Terms, without express written permission by us. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on the Service 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 Service or elsewhere is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Service or elsewhere, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Service or elsewhere, should be taken to indicate that all information on the Service or elsewhere has been modified or updated. You agree that it is your responsibility to monitor changes to our Service.
We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Service is at your own risk.
The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (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, price change, suspension or discontinuance of the Service. We may, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 6 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Service, or a specific portion thereof (e.g. website availability only). Not all products or services depicted via the Service may be available in all areas or at all times and pricing and availability may vary by location. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction as permitted by applicable law. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. An order made via the Service is an offer by you to us, which is not accepted by us until we fulfill the order, and we may reject any orders. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Availability of product and services is subject to our acceptance of an order and may be limited as required by applicable law.
We have made every effort to display as accurately as possible our products and services, including the colors and images of our products that appear at the store, and information and pricing about them. However, as permitted by applicable law, we do not guarantee accuracy. Further, subject to applicable law, we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on the Service will be corrected.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 8 – THIRD-PARTY SERVICES
If you are accessing or using the Service through Apple, Android, or any other platform, these are Third-Party Services. If you access our Apps via Apple, see below for Additional Terms and conditions that are applicable to you and are incorporated into the Terms by this reference.
SECTION 9 – THIRD-PARTY LINKS
Third-party links on the Service may direct you to third-party websites that are not affliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party locations linked to from our Service and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 11 – COMMUNITY USAGE RULES
As a user of the Service, these Community Usage Rules (“Rules”) are here to help you understand the conduct that is expected of members of the Service’s online communities (“Communities”).
(i) Nature of Rules. Your participation in the Communities is subject to all of the Terms, including these Rules:
If you are a copyright owner who would like to send us a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) to identify content or material posted on the Service that is infringing that you would like removed from our Service, or if you are a user whose work has been removed in response to such a notice of infringement and would like to file a DMCA counter-notice, you may submit such notice to us by following the instructions below.
Wholesale Coffee Suppliers.co asks our users to respect the intellectual property rights of others. It is our policy to respond appropriately to clear notices of alleged copyright infringement, as set forth more fully below. In Wholesale Coffee Suppliers.co sole discretion, Wholesale Coffee Suppliers.co may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer. In accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law, Wholesale Coffee Suppliers.co has adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
If we remove or disable access in response to a DMCA Copyright Infringement Notice, we will make a good faith attempt to contact the owner or administrator of the affected content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice that includes all of the following:
(i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;
(ii) a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(iii) a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the full URL of the page(s) on the Service on which the material appears);
(iv) your full name, address, telephone number, and email address;
(v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
(vii) your electronic or physical signature.
By Email: email@example.com
If access on the Service to a work that you submitted to Wholesale Coffee Suppliers.co is disabled or the work is removed as a result of a DMCA Copyright Infringement Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
(i) a legend or subject line that says: “DMCA Counter-Notification”;
(ii) a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the full URL of the page(s) on the Service from which the material was removed or access to it disabled);
(iii) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) your full name, address, telephone number, email address, and the username of your Account;
(v) a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Central District of California), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
(vi) your electronic or physical signature.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the addresses above that the party who sent us the DMCA Copyright Infringement Notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Service. You should also be aware that we may forward the Counter-Notification to the party who sent us the DMCA Copyright Infringement Notice.
SECTION 13 – PERSONAL INFORMATION
SECTION 14 – LIMITED LICENSE AND PROHIBITED USES
The Service and all of its content (“Content”), including all copyrights, patents, trademarks, service marks, trade names and all other intellectual property rights therein (“Intellectual Property”), are owned or controlled by Wholesale Coffee Suppliers.co , our licensors, and certain other third parties. All right, title, and interest in and to the Content and Intellectual Property available via the Service is the property of Wholesale Coffee Suppliers.co , our licensors (including licensors of UGC) or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other Intellectual Property and unfair competition rights and laws to the fullest extent possible. Wholesale Coffee Suppliers.co owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
Your right to use the Service and Content is subject to your strict compliance with these Terms and applicable Additional Terms. Your right to access and use the Service and the Intellectual Property shall automatically terminate upon any violations. These rights are non-exclusive, limited, and revocable by us at any time in our sole discretion without advance notice or liability. As your right to access and use the Service and the content is personal to you, you may not assign nor transfer your right; any attempt to do so is void.
In addition to other prohibitions as set forth elsewhere in the Terms of Service, you are prohibited from using the Service or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect, track, or share the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; (l) to solicit or send unwanted communications; or (m) to damage the Service or anyone’s computers or other devices. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
As permitted by applicable law:
SECTION 16 – YOUR WARRANTIES AND INDEMNIFICATION
Each time you submit any UGC, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any UGC you submit, and that, as to that UGC, (a) you are the sole author and owner of the Intellectual Property and other rights to the UGC, or you have a lawful right to submit the UGC and grant Wholesale Coffee Suppliers.co the rights to it that you are granting by these Terms and any applicable Additional Terms, all without any Wholesale Coffee Suppliers.co obligation to obtain consent of any third-party and without creating any obligation or liability of Wholesale Coffee Suppliers.co ; (b) the UGC is accurate; (c) the UGC does not and, as to Wholesale Coffee Suppliers.co´s permitted uses and exploitation set forth in these Terms, will not infringe any Intellectual Property or other right of any third-party; and (d) the UGC will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
You agree to indemnify, defend and hold harmless Wholesale Coffee Suppliers.co and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Service or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org