Legal Terms And Conditions

LEGAL TERMS AND CONDITIONS FOR THE USE OF WWW.CARBONFREE.COFFEE 

Updated 01/20/2020

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (THE “WEBSITE”).  THESE WEBSITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE. GOVERNING LAW IS CALIFORNIA UNITED STATES,  ANY CLAIM DISPUTE OR CONTROVERCY THAT MAY ARRISE FROM THE USE OF THIS WEBSITE ARE SUBJECT TO ARBITRATION IN CALIFORNIA UNDER ARBITRATION COMMERCIAL RULES OF JAMS. 

  1. User Eligibility

The Website is provided by www.carbonfree.coffee  and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.

2. Scope of Terms of Use

These Terms of Use govern Your use of the Website and all applications, software, and services (collectively, “Services”) available on the Website, except to the extent such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You on the Website(“Service Agreement(s)”). Any such Service Agreements accompany the applicable Services or are listed in association with or through a hyperlink associated with the applicable Services.

3. Modifications

The owner of this URL may revise and update these Terms of Use at any time.  Your continued usage of the Website after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Website may be changed, supplemented, deleted or updated without notice at the sole discretion. The owner of this URL may also change or impose fees for products and services provided through the Website at any time in its sole discretion. The owner of this URL  may establish or change, at any time, general practices and limits concerning other products and services on this site in its sole discretion.

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4. www.carbonfree.coffee Service Terms and Conditions

The service terms and conditions of the owner of this URL (the “Service Terms and Conditions”) applicable to the transportation and related services provided by the URL govern Your use of such URL transportation and related services obtained through this Website, in addition to any other terms and conditions that may be applicable to such transaction as provided in these Website Terms of Use and the Service Agreement(s). The URL Service Terms and Conditions are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the URL www.carbonfree.coffee Service Terms and Conditions.

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5. Information Submitted Through the Website and the Services

Your submission of information through the Website and the Services is governed by these terms of Use.  You represent and warrant that any information You provide through the Website or the Services is and will remain accurate and complete, and that You will maintain and update such information as needed.

With respect to any individual whose personal information is provided by You  through the Website and the Services, You represent to that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.

6. License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Website and its contents (the “Content”) are the sole property of the owner of the web site, its nominted affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, Trade related intelectual Property Act and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress (“Marks”) of the web site owner, its affiliates or other entities that have granted the owner right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of the owner of this site. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the owner or the appropriate third party’s prior written permission. Except as expressly provided herein, The Owner of this site does not grant to You any express or implied rights to the idea’s communicated on this site or any third party’s Intellectual Property.

The owner of this URL www.carbonfree.coffee  grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by the Owner, and (b) access and use The Owners computer and network services offered within the Website (the “Owner Systems”) only in the manner expressly permitted by THe Owner. Except for this limited license, The Owner does not convey any interest in or to the the Owners Systems, information or data available via the Owners URL or Systems (the “Information”), Content, Services, Website or any other the Opners  property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the owner of this web site via help@carbonfree.coffee. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Owner of this URL.

7. Restrictions on Use of the Website

In addition to other restrictions set forth in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the Website.

(b) You will not place false or misleading information on the Website.

(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by the owner.

(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.

(e) Certain areas of the Website are restricted to customers of this URL.

(f) You may not use or access the Website or the owners Systems or Services in any way that, in the owners judgment, adversely affects the performance or function of the owner of www.carbonfree.coffee and is  Systems, Services or the Website or interferes with the ability of authorized parties to access the owners Systems, Services or the Website.

(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of the owners.

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8. Links

(a) Outbound Links. The Website may contain links to third-party Websites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by the owner of the content on such Linked Sites. The owner makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. The Owner is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

(b) Inbound Links. Linking to any page of the Website other than to https://www.carbonfree.coffee  through a plain text link is strictly prohibited in the absence of a separate linking agreement with the owner of www.carbonfree.coffee. Any website or other device that links to https://www.carbonfree.coffee or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that the Owner or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with the Owner or any of its affiliates, (e) presenting false information about the Owner products or services, and (f) using any logo or mark of The owner or any of its affiliates without express written permission from the owner.

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10. Submissions

The owner of this URL  does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”).  If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) The owner and its affiliates are under no obligation to keep such information confidential, and (c) the owner will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses. 

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11. Termination

You agree that the owner, in its sole discretion, may terminate or suspend Your use of the Website, the web site Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others.  Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content.  Accessing the Website, the web site Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass.  Further, You agree that the Owner of this URL  shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Owners Systems, Information and/or the Services.

12. Disclaimer of Warranties

THE OWNER OF THIS WEB SITE MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, ITS SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT.  THE USE OF SAME IS AT YOUR OWN RISK. THE WEBSITE, AND ITS SYSTEMS, THE INFORMATION, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS.  THE OWNER, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE OWNER AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT, INFORMATION OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR ITS SYSTEMS.  NO INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY THE OWNER OF WWW.CARBONFREE.COFFEE IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.  IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS.  YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

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13. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT TTHE OWNER IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, THE OWNER IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY.  TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OWNER OR THIS URL, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE UPS SYSTEMS, INFORMATION, SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE OWNER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS OF USE ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. 

14 DISPUTE: Please read the following paragraphs very carefully because they require you to arbitrate disputes with the owner of this URL its affiliated companies and individuals and limit the manner in which you can seek relief from us.

A. Applicability. You agree that any dispute, controversy or claim arising out of, or relating to, these Terms (including the breach, termination, enforcement, interpretation, or validity of these Terms) (together, “Disputes”) will be resolved by confidential and binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”). The place of arbitration will be Los Angels California, unless otherwise mutually agreed to in writing by all parties to the arbitration. But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the owner of this URL’ intellectual property or other proprietary rights, the owner of www.carbonfree.coffee may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; the owner of this URL;  Affiliates of the Owner of the URL and associated Individuals and respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Website; and any third-party beneficiaries. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.

B. Arbitrator. Proceedings for arbitration will be administered by JAMS and in accordance with JAMS Commercial Arbitration Rules and the Supplementary Procedures for Comercial-Related Disputes then in effect except as stated below. You agree a single arbitrator with knowledge of Trade Related Intelectual Propert (TRIPS act ), CUTSA (California Uniform Trade Secrets Act) and electronic commerce law will conduct the arbitration in accordance with civil procedure of California and that arbitrator may grant injunctions or other relief in such dispute or controversy. Parties will first mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (40) days of the date of the notice of intention to arbitrate,  JAMS will select the arbitrator from its list of commercial arbitrators, and it is agreed the list JAMS selects from is not to include any arbitrator named on the prior lists parties were in dispute over.  The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court of competent jurisdiction. The cost of the arbitrator will be shared equally, and all other expenses of arbitration, including attorneys’ fees, will be paid by the party who incurred them. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. You further agree that you will not participate in any way in any class action in connection with any Dispute, either as a class representative plaintiff or as a member of a putative class. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.

C. Place; Federal Arbitration Act. The place of arbitration will be Los Angeles California, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.

D. Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

E. Time Limitation on Claims. Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.

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