The Advocate Coffee Terms of Service Agreement

Last Updated: July 12, 2020
 

Welcome to The Advocate Coffee’s Website. This Website is maintained as a service to our customers. By using this Website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Website. For the purposes of this Agreement, “Website” refers to accessing www.theadvocatecoffee.com and its services on any web browser, mobile application, and other plugins.

The information contained in this agreement also sets forth your rights and obligations with respect to the use and transaction(s) contemplated on this Website. You may not order or obtain products or services from this Website unless and until you: (a) agree to these terms of service in their entirety; (b) are at least 18 years old which is the age of majority in the U.S.; and (c) are not prohibited from accessing or using this Website or any of this Website's contents, goods, or services by any applicable law, rule, or regulation

Terms and Conditions for using www.TheAdvocate Coffee.com

1. Agreement. This Term of Service Agreement specifies the Terms and Conditions for access to and use of www.theadvocatecoffee.com and describe the terms and conditions applicable to your access of and use of this Website. This Agreement may be modified at any time by The Advocate Coffee upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.theadvocatecoffee.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our Website is also governed by our Privacy Policy. Please review our Privacy Policy at www.theadvocatecoffee.com.

3. Ownership. All content included on this Website is and shall continue to be the property of The Advocate Coffee or its content suppliers and is protected under applicable copyright, trademark, and other proprietary rights. This may include, but is not limited to, images, blog posts, and videos. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Website. Any user submitted feedback about The Advocate Coffee’s products or services become the property of The Advocate Coffee upon submission.

4. Intended Audience. This Website is intended for adults only. This Website is not intended for any children under the age of 13.

5. Trademarks. The name “The Advocate Coffee,” and the Advocate Coffee’s Logo are trademarks of The Advocate Coffee. Other product and company names mentioned on this Website may be trademarks of their respective owners. 

6. Website Use. The Advocate Coffee grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of The Advocate Coffee and The Advocate Coffee may terminate your use of this Website at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

8. User Conduct. Users of this Website agree they shall not:

(a) Commit fraud, reversal of credit card charges or "chargeback" resulting in debt. A chargeback can include credit card theft, identity theft, or non-approved use by family or friends

(b) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity. 

(c) Post malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

(d) Link to, reference, or otherwise promote services and products, except as expressly authorized by The Advocate Coffee; 

(e) Interfere with or in any way disrupt The Advocate Coffee’s Website, tamper with, breach, or attempt to probe, scan, or test for vulnerabilities in The Advocate Coffee’s computer systems, network, usage rules, or any of The Advocate Coffee’s security components, authentication measures or any other protection measures applicable to the Website, its Content or any part thereof;

(f) Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability;

(g) Circumvent any technology used by The Advocate Coffee, its licensors, or any third party to protect the Websites content and services;

(h) “Crawling” The Advocate Coffee’s Website or otherwise using any automated means (including bots, scrapers, and spiders) to view, access or collect information from The Advocate Coffee’s Website or services;

(i) Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Services.

(j) Act in a way that conflicts with this Terms of Service Agreement or the Advocate Coffee’s Privacy Policy. 

9. Indemnification. You agree to indemnify, defend and hold The Advocate Coffee and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Website.

10. Disclaimer. The information on this Website is provided on an "as is," "as available" basis. You agree that use of this Website is at your sole risk. The Advocate Coffee disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the Website shall be to discontinue using the Website.

11. Limitation of Liability. Under no circumstances will the advocate coffee be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the Website, your Website use, or the content, even if advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Website and/or content is to cease all of your Website use.

You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

12. Use of Information. The Advocate Coffee reserves the right, and you authorize us, to use and assign all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy.

13. Intellectual Property. If you believe that The Advocate Coffee is utilizing your intellectual property without authorization or infringing upon any of your personal rights, please contact connect@theadvocatecoffee.com

14. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms of Service and any dispute that may arise between you and The Advocate Coffee or its affiliates.

15. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

16. Waiver. The failure of The Advocate Coffee to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by The Advocate Coffee must be in writing and signed by an authorized representative of The Advocate Coffee.

17. Termination. The Advocate Coffee may terminate this Agreement at any time, with or without notice, for any reason.

18. Relationship of the Parties.  Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

19. Entire Agreement. This Terms of Service Agreement constitutes the entire agreement between you and The Advocate Coffee and governs the terms and conditions of your use of the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and The Advocate Coffee with respect to this Website.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website.  The Advocate Coffee may revise this Terms of Service Agreement at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Service Agreement periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to the Terms of Service Agreement signifies and confirms your acceptance of any such changes or amendments to the Terms of Service Agreement. The Advocate Coffee reserves the right to terminate a user’s use of this Website for any or no reason without prior notice, including without limitation the failure to comply with this Terms of Service Agreement and the standards of conduct outlined within. 

20. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

21. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.

22. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.

23. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

24. Governing Law/Binding Arbitration: 

  1.  Governing Law. These Terms shall be governed by the laws of the State of California without regard to its conflict of laws principles.

  2. Binding Arbitration. Subject to all applicable laws, you are agreeing to give up: 

    1. Your right to litigate any claims that may arise hereunder in court or before a jury; and 

    2. Your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall take place before an arbitrator sitting in Santa Clara County, California. The language of the arbitration shall be English. The arbitrator will be bound to adjudicate all disputes in accordance with the laws of the State of California. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorneys’ fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section (11) provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

25. Contact Information. The Advocate Coffee can be reached by email at:  connect@theadvocatecoffee.com" connect@theadvocatecoffee.com

 

Terms and Conditions for Purchasing Products from The Advocate Coffee

  1. Applicability of Terms and Conditions. These terms and conditions shall apply to your purchase of products and related services through https://www.theadvocatecoffee.com/. These Terms are subject to change at any time without prior written notice by The Advocate Coffee. 

  2. Online Orders. When placing an order on our Website, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) within 24 hours of placing your order.

  3. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Website. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. 

  4. Shipping Information. It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments. 

  5. Returns. We do not take returns on any of our products. If you are dissatisfied with your purchases, please contact us at connect@theadvocatecoffee.com so we can work with you to meet your needs. 

  6. Representations & Warranties; Disclaimers; Limitations on Liability. 

    1. Buyer’s Representations & Warranties. You represent and warrant to us as follows: 

      1. that you have the right to enter any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; 

      2. that you will use the goods and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and 

      3. that you are buying goods or services from the Website for solely your own use, and not for resale or export.

    2. Manufacturer’s warranty and company’s disclaimers. We do not manufacture (or direct the manufacture of) any of the goods or services offered on our Website in any way. The availability on our Website of goods and services does not constitute an affiliation with or endorsement of any of the goods or services or their manufacturer. As such, subject to applicable law, we are providing the goods and services to you “as is” without express or implied warranties of any kind (including without limitation any: 

      1. warranty of merchantability; 

      2. warranty of fitness for a particular purpose; 

      3. warranty of title; or 

      4. warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise). 

You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

    1. Liability cap. Under no circumstances will company’s obligation or liability under this agreement exceed the purchase price you paid on the Website for any goods or services. Additionally, under no circumstances will we be liable for any loss of use, data, business, goodwill, reputation, or revenue, and/or any consequential, incidental, special, or punitive damages or other direct or indirect losses of any kind. 

Copyright @The Advocate Coffee 2020

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