Beans & Brews Terms and Conditions
General
Welcome to the website (the “Website”) of Arabica, LLC and Beans & Brews Franchise Company, LLC (“Beans & Brews”). Please carefully review these terms and conditions (“Terms of Use”), and the Privacy Policy which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein. YOUR USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL ACCEPTANCE TO FOLLOW AND BE BOUND BY THESE TERMS & CONDITIONS, WHICH MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY BEANS & BREWS, IN ACCORDANCE WITH THESE TERMS & CONDITIONS. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.
Modifications of These Terms & Conditions
Beans & Brews reserves the right to change, modify, amend and/or update these Terms & Conditions at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by these Terms & Conditions as so changed, modified, amended and/or updated. You are responsible for reviewing these Terms & Conditions each time you use or access any portion of this Website.
Links
Beans & Brews is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. These linked sites are not under our control and Beans & Brews explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. Beans & Brews does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third party sites. Beans & Brews does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part[ without our express consent. We may disable all or any social media features and any links at any time without notice in our discretion.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on the entire Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Beans & Brews controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so on their own initiative and is responsible for compliance with local United States laws, if and to the extent applicable.
Use
The Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Beans & Brews or by third parties who have licensed their materials to Beans & Brews and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Website is the exclusive property of Beans & Brews or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may download one copy of the materials on any single computer for your personal use only, provided that: (a) you keep intact all copyright and other proprietary notices; (b) you do not use the materials in a manner that suggests an association with any of our products, services or brands; and (c) you make no modifications to the materials.
In addition, you agree not to: (a) use or access this Website for any purpose that is unlawful or prohibited by these Terms & Conditions; (b) use or access this Website in a manner that could damage, disable, overburden, or impair any Beans & Brews server or the networks connected to any Beans & Brews server; (c) interfere with any third party’s use and enjoyment of this Website; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Beans & Brews server through hacking, password mining or any other means.
The Website sells products to adults, who can make purchases with a credit card. If you are under 18, you may use the Website only with involvement of a parent or guardian. Beans & Brews and its affiliates reserve the right to refuse service or cancel orders in their sole discretion.
User Ids/Passwords
Use of certain features on the Website might be limited and/or require registration. Beans & Brews will review and determine, in Beans & Brews sole discretion, whether to accept the registration. Beans & Brews shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website(s) at any time for any reason. Upon acceptance of your registration by Beans & Brews, you may select your user ID and password (collectively “Password”) for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information.
Beans & Brews reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else’s Password. You agree to notify Beans & Brews immediately about any unauthorized use of your Password or any breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You further agree that Beans & Brews shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Beans & Brews.
Charges and Payment
In certain instances, Beans & Brews may charge a user, subscription, or other fee. In those instances where a fee may be charged, Beans & Brews will notify you of the fee prior to your incursion of charges.
Disclaimer
THIS WEBSITE IS PROVIDED BY BEANS & BREWS ON AN “AS IS” AND “AS AVAILABLE” BASIS. BEANS & BREWS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. BEANS & BREWS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. BEANS & BREWS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. BEANS & BREWS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BEANS & BREWS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BEANS & BREWS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT BEANS & BREWS, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL BEANS & BREWS BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS TERMS & CONDITIONS.
User Submissions, Postings and Email Communications
All submissions, postings and email communications to or through the Website shall be subject to the Beans & Brews Policy Regarding Submissions, Postings and Other Communications, which is incorporated into this Terms & Conditions by this reference.
Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD BEANS & BREWS AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THESE TERMS & CONDITIONS.
Term and Termination
Beans & Brews shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, Beans & Brews believes that your conduct fails to conform to these Terms & Conditions. Beans & Brews also reserves the right to investigate suspected violations of these Terms & Conditions, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Website. Upon termination of these Terms & Conditions, all rights granted to you under these Terms & Conditions will cease immediately, and you agree that you will: (a) immediately discontinue use of the Website(s); and (b) as applicable, pay any amounts owed to Beans & Brews in full within thirty (30) days from the date of such termination. In addition, Beans & Brews shall have to right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Applicable Laws
This Terms & Conditions shall be governed by and construed under the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN PHILADELPHIA, PENNSYLVANIA.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
Gift Card & Beans Card Stored Value
Gift Card and Beans Card value can be used towards the purchase of any products or services at all participating Beans & Brews® locations. Gift Cards and Beans Cards have no actual cash value, and there cannot be refunds or cash back issued, except where required by law. The value of a Gift Card and Beans Card cannot be replaced if the card is lost, stolen, or damaged.
Miscellaneous
The failure of Beans & Brews to act with respect to a breach of these Terms & Conditions by you or others does not constitute a waiver and shall not limit Beans & Brews’ rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms & Conditions. Beans & Brews may assign its rights and duties hereunder to any party at any time without any notice to you. These Terms & Conditions may not be assigned by you without Beans & Brews prior written consent. If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions may not be modified except in writing, signed by both parties.
BEANS & BREWS POLICY REGARDING SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated by you to Beans & Brews through the Website (collectively, the “Submission”) will forever be the property of Beans & Brews and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. Beans & Brews will not be required to treat any Submissions as confidential (unless required by law or if Beans & Brews has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Beans & Brews operations. Without limitation, Beans & Brews will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. Beans & Brews retains the right to review, edit or delete from the Website any Submission which Beans & Brews in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.
Email and Other Communications
In connection with your use of the Website, you consent to Beans & Brews recording any communication, electronic or otherwise, between you and Beans & Brews and retaining any information and data you submit while using the Website.
In using the Website, you may be permitted to communicate electronically with Beans & Brews by sending electronic mail to Beans & Brews; however, you acknowledge and agree that only general information or inquiries may be submitted to Beans & Brews via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to Beans & Brews via e-mail as Beans & Brews cannot be responsible for responding to any such communications.
Investigations
Beans & Brews may seek to gather information from the user who is suspected of violating these Terms & Conditions, and from any other user. Beans & Brews may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Beans & Brews believes, in its sole discretion, that a violation of these Terms & Conditions has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. Beans & Brews will fully cooperate with any law enforcement authorities or court order requesting or directing Beans & Brews to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms & Conditions. YOU WAIVE AND HOLD HARMLESS BEANS & BREWS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BEANS & BREWS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BEANS & BREWS OR LAW ENFORCEMENT AUTHORITIES.
Last Modified: October 26, 2016