Terms + Conditions
Welcome to Coffeeism! myoffeeism, Corporation (“Coffeeism” or “Company”) is the operator of the www.mycoffeeism.com site (the “Site”), and operator of all corresponding Social Media networks affiliated with mycoffeeism, Corporation.
You may use the Site only for your own noncommercial personal use and in compliance with these Terms. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site or the App are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Coffeeism. You may not otherwise copy, modify, or distribute the contents of this Site without the express written permission of Coffeeism. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.
We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any of the following purposes:
- Use of the Site
You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitations, via means of overloading, “flooding”, “mailbombing”, or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third part without our prior written consent.
- Posting, communication or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site or Coffeeism’s network security, or attempting to use the Site service to gain unauthorized access to any other computer system; and
- Using the site to drop ship merchandise to third parties.
- Registration and Passwords
You agree that additional terms and conditions may apply to specific products, orders or your use of certain portions of the Site, including with respect to ordering, shipping and return policies, review guidelines and membership programs (including the Referral and Points Terms) (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.
- Additional Terms and Conditions
- Site Not for Minors
As part of our ordering processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
- Fraud Protection
Coffeeism offers three subscription types: automatic billed monthly subscriptions (“Monthly”); prepaid three-month, sixth-month, and annual subscriptions (“Prepaid”); and prepaid gift subscriptions (“Gift”).
- The Subscription Contract Between You and Us
By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods and your payment method will automatically be charged for each successive monthly period at the then-current subscription rate. To cancel your Monthly Subscription at any time, you must logon to your account and follow the cancellation procedures or call/email us and we will do it for you. If you cancel, you may use your subscription until the end of your subscription until the end of your then-current subscription term. Coffeeism may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Coffeeism reasonably could act.
By purchasing a Prepaid Subscription, you acknowledge that your subscription has an initial pre-payment feature for a full three, six or twelve-month service. At the end of the prepaid period, your subscription will be automatically extended for another term of three, six, or twelve-months at the then-current subscription rate. You may only cancel your Prepaid Subscription during the first month of the subscription.
Gift Subscription (i.e. Holiday Boxes)
For Gift Subscriptions, the subscription will not be renewed after the then-current term expires. You cannot cancel a Gift Subscription and the pre-paid fee is non-refundable.
Excluding any content that may be submitted by Members from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We d not guarantee that all products described on our Site will be available.
- Product Information; Limitation on Quantities
You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Coffeeism or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All right not granted under these Terms are reserved by Coffeeism.
- Proprietary Rights
Coffeeism values your engagement. When contributing content, please consider the following guidelines:
- Contributed Content Guidelines
We reserve the right not to post your content if it contains any of the following types f content or violates other guidelines. By way of example, and not as a limitation, you agree that when contributing content, you will not:
- By submitting or posting any material or content on the Site, you grant Coffeeism a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials uou provide do not include anything (including, but no limited to, text, images, music or video) to which you do not have the full right to grant Coffeeism the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Coffeeism will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
- All contributed content is subject to the terms set forth below and in our standard Terms and Conditions, which include our policy regarding copyright infringement;
In addition, if you wish to share feedback with us about product selection, pricing, ordering, delivery or other customer service issues, please do not submit this feedback through a content submission. Instead, contact us directly via email@example.com.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- Use obscenities, discriminatory language, or other language not suitable for a public forum;
- Post advertisement, “spam” content, or references to other products, offers, or websites;
- Post email addresses, URLs, phone numbers, physical addresses or other forms of contact information;
- Post unduly critical or spiteful comments of other content posted on the page or its authors;
- Post files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have expressly received all necessary consents;
- Post files or content viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, or impersonate any person or entity or falsely state or misrepresent your affiliation with any person or entity;
You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALLCONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE SIRE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND ‘AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INDLUSING BUT NOT LIMITED TO THE IMPLIED WARANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, COFFEEISM DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Coffeeism makes no warranties of any kind regarding any non-Coffeeism sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Coffeeism makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Coffeeism sites. Coffeeism does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
- General Disclaimers
Any information provided by us regarding the products of otherwise (e.g. product descriptions or instructions) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
- Disclaimer – No Professional Advice
In no even shall Coffeeism, subsidiaries, affiliates, or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site be liable to any user of the site or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the site or the app, whether based upon warranty, contract, tort, or otherwise, even if Coffeeism has been advised of or should have known of the possibility of such damages or losses in the event shall the total liability of Coffeeism, its affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this site to you for all damages, losses, and causes of action resulting from your se of this site, whether in contract, tort (including but not limited to, negligence) or otherwise, exceed he amount you paid to Coffeeism in connection with the event giving rise to such liability.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do allow limitations and implied warranties of the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
- Limitation of Liability
Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
- Risk of Loss
Coffeeism specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. Coffeeism will process notices of alleged infringement that receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: Coffeeism, Co. 1410 Indian Trl, Kankakee, IL 60901 Telephone: (815) 592-0748
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- Copyright Infringement; Notice and Take Down Procedures
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a singe online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
The failure of Coffeeism to partially or fully exercise any rights or the waiver of Coffeeism of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Coffeeism or be deemed a waiver by Coffeeism of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Coffeeism under these Terms and any other applicable agreement between you and Coffeeism shall be cumulative, and the exercise of any such right or remedy shall not limit Coffeeism’s right to exercise any other right or remedy.
- Waiver; Remedies
If you subscribe to Coffeeism and/or place an order through Coffeeism.com we will ask you for your name, e-mail address, shipping address, telephone number and credit card information or certain other personally identifiable information about yourself (“Personal Information”). We us this information to process and fulfill your order and to notify you of your order status. All archived credit card information is maintained in a secure and safe environment. Telephone numbers and e-mail addresses are used to contact you regarding your order. In addition, when you respond to a contest, survey, questionnaire, sweepstakes or other promotional feature, we may ask you for your name, address and email address or other Personal Information. We do not collect any Personal Information about you unless it is voluntarily provided by you. Coffeeism will never sell, rent or share your Personal Information, including your e-mail address, with any third parties for marketing purposes without your express permission.
NON-PERSONALLY IDENTIFIABLE INFORMATION
In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual (“Aggregate Information”). Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site including both offline and online sources.
How We Use Your Information
ENHANCED AND PERSONALIZED SHOPPING EXPERIENCE
We use Personal Information in order to give you a more enjoyable convenient shopping experience and to help us identify and/or provide information, products or services that may be of interest to you. We use your Personal Information to support and enhance your use of the Site, and its features, including without limitation: fulfilling your order; providing customer service; tracking email invitations you send; and otherwise supporting your use of the Site.
We may also track your past purchases to provide you with a personalized profile of your shopping history. In addition, we may notify you about new services or special promotional programs, or send you offers or information. In connection with their performance of services to maintain and operate the Site and certain features on the Site certain trusted third parties may be permitted to access your information. For example, we may use third parties to host the Site; operate various features available on the Site; send emails; analyze data; provide search results and links and assist in fulfilling your orders.
AFFILIATES; CONSULTANTS; THIRD PARTIES
Unless you specifically consent to the disclosure of your Personal Information, aside from us, only our affiliates, technical consultants, third party auditors and other third parties who make our Site available, enhance its functionality, assist with the processing of your purchases, or provide associated services and/or who deal with you in delivering content, samples, products, gifts and prizes, have access to this information, and we require them to agree that they are covered by this policy.
LAW ENFORCEMENT AND INVESTIGATIONS
Please note that Coffeeism reserves the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper.
NON-PERSONALLY IDENTIFIABLE INFORMATION
We use non-personally identifiable information in the aggregate, so that we can improve the Site, and for business and administrative purposes. We may also use or share with third parties for any purpose aggregated data that contains no personally identifiable information.
If you submit your email address to be added to a mailing list or Sweepstakes or other promotion, we will use the email address for the sole purpose of sending you announcements, special offers from Coffeeism and its promotional partners along with Site updates. Each email we send will contain information on how to unsubscribe from our mailing list. You can also unsubscribe by sending an email to firstname.lastname@example.org.
If you elect to use our referral services for informing a friend about our Site we ask you for the friend’s name and email address. Coffeeism will automatically send the friend a one-time email inviting them to visit the Site. Coffeeism stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact Coffeeism at to request the removal of this information from our database.
How We Protect Your Information
We are committed to protecting the information we receive from you. However, Coffeeism will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, Coffeeism cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their Personal Information may be intercepted in transit.
The Site encrypts your credit card number and other Personal Information using secure socket layer (SSL) technology to provide for the secure transmission of the information from your PC to our servers. In addition, only those employees and third parties who need access to your information in order to perform their duties are allowed such access.
Accessing and Updating Your Personal Information and Preferences
If you are a registered user, you may access and update your registration information and your preferences to receive email or other communications from us by sending an email to email@example.com.
You may also update or change your Personal Information or Preferences by sending email to firstname.lastname@example.org. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.
While we make efforts to accommodate requests to restrict our use of your information, we reserve the right to delete all or any portion of customer information if we are not able to reasonably accommodate a requested restriction.
Children’s Privacy and Parental Controls
This Site is not intended for persons under the age of 13, and we have no intention of collecting or soliciting Personal Information from persons under the age of 13. If you are not 13 or older, you are not authorized to use the Site. Parents should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors. If a child under age 13 has provided us with Personal Information, we will use all reasonable efforts to delete such information from our database.
Links to Third Party Sites
Our Site may contain links to other web sites, including our affiliated or co-branded web sites. Other web sites may also reference or link to our Site. These “other” domains (web sites) are not controlled by Coffeeism. We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.
Site Terms and Conditions
Use of this Site is governed by, and subject to, the legal notices contained in our Terms and Conditions. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
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