Blue State Coffee, LLC
1. SCOPE OF ACCESS TO WEBSITE AND RELATED RIGHTS
2. USER ACCOUNT
This Website is enabled to allow you to order from the Website. In order to place orders from this Website or for other functionality requiring a user account, you may be required to establish a user account, which will be accessible upon input of an authorized email address, a designated password, and other required information that is requested from you at either log in or initial user account registration. For any user accounts, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the Website, and you are also responsible for the integrity and security of the operating environment from which you access the Website.
3. PRODUCT SALE, AVAILABILITY AND WARRANTIES
All products displayed on the Website will only be delivered within the continental United States. All prices for products or offers that are displayed on the Website are quoted in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on products and services offered on this Website without incurring any obligations. Please refer to our Shipping and Returns policy for additional information that applies to purchases made through our Website. Availability of products and prices are subject to change without notice. Warranties, if any, for products and services are provided by the applicable manufacturer or performer of such products or services and you should consult such warranties for any related questions about warranty scope. We provide no warranties for products and services not manufactured by or performed by us.
4. PRODUCT ERRORS OR OTHER INFORMATION ERRORS
Although the Company strives at all times to maintain the accuracy of information maintained on this Website, including pricing information and product details, occasionally pricing or other information errors may occur on this Website. In the event that a product that is available through this Website is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to refuse or to cancel any orders placed for any product listed at the incorrect price or based on incorrect product information.
5. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS
Certain features of the Website may require you to allow emails to be received by you, and to use these features you must provide a valid email address. By registering such information you authorize us to send you electronic communications in accordance with the settings specified with your account.
6. PUBLIC FORUMS AND INAPPROPRIATE USER CONDUCT ON SITE
We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums on this Website where you and other users of our Website can communicate. Harassment in any manner or form on the Website, including via email, via chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the Website, is prohibited. You may not upload to, distribute through, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, which may constitute or encourage a criminal offense or violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
7. RESPONSIBILITIES AND DISCLAIMERS CONCERNING USER POSTED CONTENT
We do not assume any responsibility for materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of such user communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any user-posted contents or activities on the Website. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to the Company, in its sole discretion.
It is our policy (i) to block access to or to remove postings or other content that we believe in good faith infringes the copyrights of third parties, and (ii) to remove and discontinue service to repeat infringers. If you believe that content posted on this website infringes your copyright, please contact us as set forth in Section 18 below to provide us further details so that we may address such matter.
8. TERMINATION OF WEBSITE USE
9. WEBSITE WARRANTY DISCLAIMERS
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND(EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY NOTED OTHERWISE ON THIS WEBSITE), WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS WEBSITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, WARRANTIES, IF ANY, FOR PRODUCTS AND SERVICES ARE PROVIDED BY THE APPLICABLE MANUFACTURER OR PERFORMER OF SUCH PRODUCTS OR SERVICES AND YOU SHOULD CONSULT SUCH WARRANTIES FOR ANY RELATED QUESTIONS ABOUT WARRANTY SCOPE. WE PROVIDE NO WARRANTIES FOR PRODUCTS AND SERVICES NOT MANUFACTURED BY OR PERFORMED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LIMITATIONS OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE, OR THE PERFORMANCE OR USE OF THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
12. CHILDREN'S PRIVACY AND SITE AGE LIMITATIONS
This Website is intended for use by persons aged 18 or older, and by your use of this Website you affirm that you are at least 18 years of age. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 18. We also do not collect any personally identifiable information from any persons under the age of 18 and if we discover that we have been provided any such information, we will delete this information from our records.
The entire contents included in this Website, including but not limited to text, graphics or code, is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this Website.
All trademarks, service marks and trade names and logos of the Company used in this Website are trademarks or registered trademarks of the Company. Other marks used on this Website that have been posted by the Company are the property of their respective owners and are used on this Website under permission.
15. APPLICABILITY OF TERMS AND CHANGES
17. THIRD PARTY SITES AND LINKS
In an attempt to provide increased value to our customers and other site visitors, our Website may link to, or contain links for, third party websites or promotions offered by third parties, none of which we control or maintain. These may include websites linked to products or promotions referenced on our Website or in advertisements on the Website. We are not responsible for the terms and conditions or privacy practices employed by any third party websites accessible from our Website, and therefore you access them at your own risk. We encourage you to read the privacy statements of all third party websites before submitting any personally identifiable information while using such other websites. Nonetheless, the Company seeks to protect the integrity of its Website and the links placed upon it and therefore we welcome any feedback on not only this Website, but also for sites that this Website links to (including if a specific link does not work).
The Company may at its option deliver notices to you concerning your activities on this Website by means of email, a general notice on the site, or by other reliable method to the address you have provided to the Company. You may contact the Company by sending an email to firstname.lastname@example.org.
19. GOVERNING LAW AND DISPUTE RESOLUTION
Other than a controversy or claim relating to the validity of our intellectual property rights (as to which we may pursue any and all available legal remedies), all users that engage in activity directly or indirectly on this Website agree that any dispute that arises between them and other users of the Website or executives and/or employees of the Company as to rights or liabilities involving this Website shall be settled by confidential binding arbitration in Hartford, Connecticut in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each party shall bear its own attorney’s fees, expert witness fees, and costs in connection with such arbitration.