Welcome to SHEARWATER COFFEE ROASTERS!
SHEARWATER COFFEE ROASTERS supports freedom of speech, both on and off the Internet. However, the goal of SHEARWATER COFFEE ROASTERS is to provide you with access to the best quality products possible. To ensure a safe, nonoffensive environment for all of our users, we have established these Terms of Service, spelling out what you can expect from us and what we expect from you.
By purchasing any products from SHEARWATER COFFEE ROASTERS, by using any of SHEARWATER COFFEE ROASTERS’ services, or by accessing any areas of the SHEARWATERCOFFEE.COM Website (“Website”), you agree to be legally bound and to abide by the terms and conditions set forth below.
SHEARWATERCOFFEE.COM is owned and operated by SHEARWATER COFFEE ROASTERS LLC, a Connecticut (USA) limited liability company. Any references herein to SHEARWATER COFFEE ROASTESR, SHEARWATERCOFFEE.COM, “we” or “us” shall be deemed to refer to SHEARWATERCOFFEE.COM and/or SHEARWATER COFFEE ROASTERS LLC, as applicable under the circumstances.
Note to Social Media Users. When purchasing products and services from this Website, our LinkedIn profile or other social media page, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to the Terms of Service, User’s Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms of Service. Please see the following pages for further details:
- http://www.facebook.com/legal/terms (Facebook’s Statement of Rights and Responsibiliites);
- http://www.linkedin.com/legal/user-agreement?trk=hb_ft_userag (LinkedIn’s User’s Agreement);
- https://twitter.com/tos (Twitter’s Terms of Serivice); and
- http://www.google.com/intl/en/policies/terms (Google’s Terms of Service)
All references in these Terms of Service to “SHEARWATER COFFEE ROASTERS”, “SHEARWATERCOFFEE.COM” and/or “this Website” shall be deemed to include both this Website and any and all social media pages maintained from time to time by Shearwater Coffee Roasters LLC or its affiliates.
I. OUR PRODUCTS; TERMS OF SALE
Our Products. SHEARWATER COFFEE ROASTERS offers a variety of coffee, and related products (“Products”), at retail and wholesale, through its SHEARWATER COFFEE stores, through this Website, and through social media pages maintained by SHEARWATER COFFEE ROASTERS on Facebook, LinkedIn, and elsewhere.
Payment. All amounts due for retail purchases of SHEARWATER COFFEE ROASTERS products are payable in full at the time of purchase. Amounts due for wholesale purchases of SHEARWATER COFFEE ROASTERS products are “cash on delivery (C.O.D.), unless otherwise agreed by SHEARWATER COFFEE ROASTERS in writing.
Your Account. When you make a purchase from the Site, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly place your order in line for shipment.
Pricing and Availability. All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Payment Terms. SHEARWATER COFFEE ROASTERS currently accepts Visa, MasterCard, American Express, and Discover credit cards. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for SHEARWATER COFFEE ROASTERS products by credit card and subsequently “charge back” your purchase through your merchant account provider, SHEARWATER COFFEE ROASTERS reserves the right to terminate these Terms of Service and all pending orders and transactions immediately in addition to any and all available remedies at law or in equity.
Shipping Terms and Policies. We endeavor to ship all orders for in-stock items within one (1) business day. Our standard business hours are Monday through Friday, 8 a.m. to 5 p.m. Eastern Standard Time. Shipping is typically via UPS and you should allow five (5) to eight (8) business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. If expedited shipping is required, please select that as your shipping choice.
All shipping charges are your responsibility, unless waived by SHEARWATER COFFEE ROASTERS. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the checkout process is subject to verification. Shipping charges are subject to change without notice.
All orders are shipped FOB shipping point. Title to products passes from SHEARWATER COFFEE ROASTERS to you upon shipment and we are not responsible for any shipping delays or problems once the product has been shipped.
Back Orders. If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
Returns and Exchanges Policy. When you shop with us, we want you to be completely satisfied. If for any reason you are not satisfied with your purchase, you may return it for a replacement or refund of the purchase price within thirty (30) days of delivery. Please see our Returns and Exchanges Policy for further details.
Errors. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on this Website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by SHEARWATER COFFEE ROASTERS is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on this Website, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
II. TRADEMARKS AND SERVICE MARKS
SHEARWATER COFFEE ROASTERS is a trademark of SHEARWATER COFFEE ROASTERS LLC and/or its affiliates. All rights are reserved. These and other SHEARWATER COFFEE ROASTERS graphics, logos, service marks and trademarks of SHEARWATER COFFEE ROASTERS LLC and its affiliates may not be used without the prior written consent of SHEARWATER COFFEE ROASTERS LLC or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on this Website or in any materials relating to our Products are the property of their respective owners.
III. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that use of SHEARWATER COFFEE ROASTERS’ Products is at your sole risk. Neither SHEARWATER COFFEE ROASTERS LLC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third-party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that this Website will be uninterrupted or error free, nor do they make any warranty as to any of SHEARWATER COFFEE ROASTERS’ products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through this Website.
Disclaimer of Warranties. SHEARWATER COFFEE ROASTERS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THIS WEBSITE. SHEARWATER COFFEE ROASTERS DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THIS WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH SHEARWATER COFFEE ROASTERS WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SHEARWATER COFFEE ROASTERS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) SHEARWATER COFFEE ROASTERS OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SHEARWATER COFFEE ROASTERS’S PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THIS WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SHEARWATER COFFEE ROASTERS LLC AND ITS AFFILIATES.
Limitation of Liability. IN NO EVENT SHALL SHEARWATER COFFEE ROASTERS’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL SHEARWATER COFFEE ROASTERS OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH SHEARWATER COFFEE ROASTERS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THIS WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH SHEARWATER COFFEE ROASTERS, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF SHEARWATER COFFEE ROASTERS OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
Internet Delays. USE OF THIS WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. SHEARWATER COFFEE ROASTERS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Links to Third Party Sites. This Website contains links to third party sites. These links are provided for convenience purposes and are not under the control of SHEARWATER COFFEE ROASTERS. If you choose to link to such third party web sites, SHEARWATER COFFEE ROASTERS makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. SHEARWATER COFFEE ROASTERS does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. SHEARWATER COFFEE ROASTERS disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.
Domestic Use Only. SHEARWATER COFFEE ROASTERS’S Products are available to you only in the United States, its territories, and possessions, and Canada. You agree not to use or attempt to use our Products from outside these locations. If you use our Products from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of any content, information or materials available on this Website contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. SHEARWATER COFFEE ROASTERS may use technologies to verify your compliance.
IV. CONTENT AND COPYRIGHT OWNERSHIP
A. Copyright and Limited License
Unless otherwise indicated, this Website and all content and other materials therein, including, without limitation, the SHEARWATER COFFEE ROASTERS logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of SHEARWATER COFFEE ROASTERS or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use this Website and Site Materials for personal, informational and shopping purposes only. Such license is subject to the Terms of Service and does not include: (a) any resale or commercial use of this Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of this Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of this Website, the Site Materials or any information contained therein, except as expressly permitted on this Website; or (g) any use of this Website or the Site Materials other than for its intended purpose. Any use of this Website or Site Materials other than as specifically authorized herein, without the prior written permission of SHEARWATER COFFEE ROASTERS, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.
B. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material available via this Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Attn: Customer Care
22 Knollwood Drive
Fairfield, Connecticut 06824, U.S.A.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, SHEARWATER COFFEE ROASTERS has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. SHEARWATER COFFEE ROASTERS may also, in its sole discretion, limit access to this Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
C. Third Party Site Materials
SHEARWATER COFFEE ROASTERS may provide third party content on this Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that SHEARWATER COFFEE ROASTERS is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
D. Advertisements and Promotions; Third-Party Products and Services
SHEARWATER COFFEE ROASTERS may display advertisements and promotions from third parties on this Website or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. SHEARWATER COFFEE ROASTERS is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-SHEARWATER COFFEE ROASTERS advertisers or third party information on this Website.
V. SUBMISSION OF IDEAS
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about SHEARWATER COFFEE ROASTERS, this Website and our Products (collectively, “Ideas”). Ideas, whether posted to this Website or provided to SHEARWATER COFFEE ROASTERS by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. SHEARWATER COFFEE ROASTERS shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to this Website for noncommercial purposes, provided such links do not portray SHEARWATER COFFEE ROASTERS in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use SHEARWATER COFFEE ROASTERS’ logo or other proprietary graphics to link to this Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any SHEARWATER COFFEE ROASTERS trademark, logo or other proprietary information, including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page on this Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of SHEARWATER COFFEE ROASTERS or any third party.
SHEARWATER COFFEE ROASTERS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to this Website. Such sites are not under the control of SHEARWATER COFFEE ROASTERS and SHEARWATER COFFEE ROASTERS is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. SHEARWATER COFFEE ROASTERS and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by SHEARWATER COFFEE ROASTERS of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from this Website.
In the course of providing Products and information via this Website, SHEARWATER COFFEE ROASTERS will deliver to you content, materials and other information which is confidential, proprietary to SHEARWATER COFFEE ROASTERS, or which constitutes a “trade secret” of SHEARWATER COFFEE ROASTERS (“Confidential Information”). You agree that you will hold all Confidential Information in trust for SHEARWATER COFFEE ROASTERS, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with SHEARWATER COFFEE ROASTERS or in any other way detrimental to SHEARWATER COFFEE ROASTERS. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to SHEARWATER COFFEE ROASTERS’ Products, information (whether in written or electronic form) delivered to you in the course of selling Products or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to SHEARWATER COFFEE ROASTERS and will co-operate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.
Notwithstanding any of these Terms of Service, SHEARWATER COFFEE ROASTERS reserves the right, without notice and in its sole discretion, to terminate your license to use this Website and to block or prevent your future access to, and use of, this Website.
X. USAGE BY CHILDREN AND MINORS
SHEARWATER COFFEE ROASTERS cannot prohibit minors from visiting this Website. SHEARWATER COFFEE ROASTERS must rely on parents, guardians and those responsible for supervising children under 18 to decide which materials are appropriate for such children to view and/or purchase.
XI. APPLICABLE LAW
These Terms of Service and this Website are created and controlled by SHEARWATER COFFEE ROASTERS LLC, a limited liability company organized in the State of Connecticut, U.S.A. As such, the laws of the State of Connecticut, U.S.A. will govern these Terms of Service, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Connecticut, U.S.A., and of the United States of America located in the State of Connecticut, U.S.A. for any litigation arising out of or relating to use of or purchase made through SHEARWATER COFFEE ROASTERS (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of Connecticut, U.S.A., and agree not to plead or claim in any court of the State of Connecticut, U.S.A. that such litigation brought therein has been brought in an inconvenient forum.
XII. MODIFICATION OF TERMS
SHEARWATER COFFEE ROASTERS may update these Terms of Service. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your SHEARWATER COFFEE ROASTERS account or by placing a prominent notice on this Website. You are responsible for regularly reviewing these Terms of Service. Continued use of SHEARWATER COFFEE ROASTERS after any such changes shall constitute your irrevocable and unconditional consent to such changes.
SHEARWATER COFFEE ROASTERS may give notice by means of a general notice on this Website, or electronic mail to your e-mail address on record in SHEARWATER COFFEE ROASTERS’ account information, or by written communication sent by first class mail or pre-paid post to your address on record in SHEARWATER COFFEE ROASTERS’ records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
The provisions of these Terms of Service are intended to be severable. If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No joint venture, partnership, employment, or agency relationship exists between you and SHEARWATER COFFEE ROASTERS as a result of these Terms of Service. The failure of SHEARWATER COFFEE ROASTERS to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SHEARWATER COFFEE ROASTERS in writing.
These Terms of Service, together with any applicable policies, comprise the entire agreement between you and SHEARWATER COFFEE ROASTERS and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.