Terms and Conditions
BUYWELLCOFFEE.COM WEB SITE TERMS OF USE AGREEMENT
YOUR USE OF THIS WEB SITE SIGNIFIES YOUR AGREEMENT WITH THE TERMS AND CONDITIONS BELOW.
Scope of Use
BuyWell provides this Web Site for information purposes and for the general interest of its users and customers. BuyWell invites you to view, use and download a single copy of this Web Site for your informational, non-commercial use. Except as otherwise provided on this page, no part of any content or software on this Web Site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of BuyWell Coffee.
No Endorsement
The content featured on BuyWellcoffee.com is intended to be a general information resource and is provided solely on an “as is” and “as available” basis. You should not interpret BuyWell’s publication of this content as an endorsement of the views expressed therein, or any warranty or guarantee of any recommendations made by the author of the content.
No Warranties
BuyWellcoffee.com has been created to provide you with a variety of information about our Company and products. All opinions and comments appearing on this Web site are exclusively those of their respective authors, and do not necessarily reflect the views, opinions or positions of BuyWell or its employees, subsidiaries or affiliates.
ALL CONTENT ON BUYWELLCOFFEE.COM IS PROVIDED “AS IS” WITH NO WARRANTY EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUYWELL MAKES NO WARRANTY PERTAINING TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE ON ITS WEB SITE, NOR DOES BUYWELL MAKE ANY WARRANTY ABOUT THE APPROPRIATENESS OF ANY PORTION OF THAT CONTENT TO ANY SPECIFIC SEGMENT OF THE PUBLIC. YOUR USE OF BUYWELLCOFFEE.COM AND ANY RELIANCE UPON INFORMATION RETRIEVED THROUGH BUYWELL’S WEB SITE IS UNDERTAKEN WITH YOUR KNOWLEDGE OF ALL THE ABOVE AS WELL AS THE INHERENT RISK OF ACTING UPON THE ADVICE AND OPINIONS OF OTHERS.
BuyWell makes no warranties that use of its Web Site will be uninterrupted or error-free. As with any web site, the function of BuyWellcoffee.com depends upon ancillary services such as telephone and electrical power, which are beyond the ability of BuyWellcoffee.com to control. You are solely responsible for taking all necessary precautions to ensure that any content you may obtain from the Web Site is free from any virus, worm, Trojan horse or similar software problems associated with downloading information from the Internet.
Limitation of Liability
BUYWELL SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES PERTAINING TO ACCESS TO OR USE OF ITS WEB SITE. THIS DISCLAIMER APPLIES EVEN IF BUYWELLCOFFEE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF BUYWELLCOFFEE.COM; MISTAKES, OMISSIONS OR DELAYS IN TRANSMISSION OF INFORMATION TO OR FROM THE USER; INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED WHOLLY OR PARTIALLY BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO ITS WEB SITE; OR RELATED INFORMATION OR PROGRAMS.
YOU ACKNOWLEDGE THAT THE SOLE REMEDY FOR ANY DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR OTHER CAUSE ASSOCIATED WITH THIS WEB SITE, SHALL BE TO TERMINATE YOUR USE OF THIS WEB SITE AND TO REMOVE ANY INFORMATION YOU PROVIDED TO BUYWELLCOFFEE.COM. IN NO EVENT SHALL BUYWELL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR USE OF THE WEB SITE.
Indemnification
If you violate any of the terms of this Agreement or if you misuse BuyWellcoffee.com, you agree to defend, indemnify and hold harmless BuyWell, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.
Trademarks
BuyWell InternationalTM, BuyWell CoffeeTM, Screaming MonkeyTM and BuyWellcoffee.comTM are trademarks of BuyWell Coffee Company. Unauthorized use of any BuyWell trademark, service mark, or logo may be a violation of federal and state trademark laws.
Copyrights
All content included on BuyWellcoffee.com web site, such as text, graphics, logos, button icons, images and software, is the property of BuyWell, or its content suppliers and protected by U.S. and international copyright laws. The collection, arrangement and assembly of all content on this Web Site is the exclusive property of BuyWell and is protected by U.S. and international copyright laws. All software used on this Web Site is the property of BuyWellcoffee.com or its software suppliers and protected by U.S. and international copyright laws.
E-Mails and Other Information Submitted to BuyWellcoffee.com
E-mail submissions over the Internet may not be private. Please consider this before e-mailing any personal or confidential information.
BuyWellcoffee.com enables visitors to its Web Site to participate in contests, and to provide opinions, ideas and comments (collectively “Material”). If you post material on BuyWellcoffee.com Web Site, you grant BuyWell and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media. You additionally grant BuyWell and its affiliates and sublicensees the right to use the name that you submit with any material, if any, in connection with your material.
Any information that you submit to BuyWell (i) shall not be false, inaccurate, misleading or fraudulent; (ii) shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (iii) shall not violate any law, statute, regulation or ordinance, including without limitation laws and regulations governing export control, unfair competition, anti-discrimination or false advertising; and (iv) shall not be pornographic, obscene, defamatory, trade libelous, harassing, threatening or otherwise unlawful.
You shall not post or otherwise make available any illegal material or use the Web Site to conduct or promote illegal activity or for any illegal purpose. You shall not promote or contribute to the delinquency of a minor or solicit a minor in any way through use of the Web site. You shall not use the Web Site for any commercial activity or solicitation whatsoever (including the selling of “opportunities,” such as direct sales or multi-level marketing), or to solicit any charity requests or petitions for signature. You shall not engage in any conduct that, as determined in BuyWell’s sole and absolute discretion, inhibits any other user of the Web Site from using or enjoying the site.
BuyWell reserves the right, in its sole and absolute discretion and for any reason, to delete or remove any information submitted by you (including without limitation information which BuyWell determines, in its sole and absolute discretion, to be offensive, racist, lewd, profane, obscene, pornographic, hateful, rude, abusive, disruptive, defamatory or otherwise objectionable) provided for inclusion on the Web Site. BuyWell reserves the exclusive right to establish and modify the criteria for what constitutes offensive content. In addition, BuyWell reserves the right, in its sole and absolute discretion, to monitor the content provided by users of the Web Site, in order to determine compliance with this Agreement and any operating rules established by BuyWell, to satisfy any law, regulation or authorized government request, or for any other reasonable commercial purpose.
Information, News and Press Releases
The Web Site contains information, news and/or press releases about BuyWell. Information about companies other than BuyWell contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by BuyWell.
Links
BuyWellcoffee.com Web Site may contain links to other web sites operated by third parties. The linked sites are not under the control of BuyWell, and BuyWell is not responsible for the content available on any other sites linked to its Web Site. Such links do not imply BuyWell’s endorsement of material on any other site and BuyWell disclaims all liability with regard to your access to such linked web sites. BuyWell provides links to other sites as a service to users, and access to any other sites linked to BuyWellcoffee.com is at your own risk.
Location, Governing Law and Arbitration
BuyWellcoffee.com Web Site is operated by BuyWell Coffee Company, from its offices in the State of Colorado, USA. BuyWell makes no representation that the information in its Web Site is appropriate or available for use in other locations, and access to BuyWellcoffee.com from territories where the content of its Web Site may be illegal is prohibited. Those who choose to visit BuyWellcoffee.com Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These terms and any claims relating to information available on BuyWellcoffee.com shall be governed by and construed in accordance with the laws of the State of Colorado?, excluding its conflicts of law rules.
Any controversy or claim arising under or related to this Agreement or BuyWell’s products and/or services shall be settled by binding arbitration in accordance with the commercial rules of arbitration of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Colorado and judgment on the arbitration award may be entered by any court of competent jurisdiction. Either you or BuyWell may seek any interim or preliminary relief from a court of competent jurisdiction in Colorado, necessary to protect the rights or property of you or BuyWell pending the completion of arbitration.
Modifications
BuyWell may at any time revise or modify this Agreement or to impose new conditions for use of this Web Site. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Web Site or by e-mail. Any use of the Web Site by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. BuyWell may modify its services at any time.
Violations
BuyWell reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including the right to block access from a particular Internet address to the Web Site.
Privacy Policy
Our Privacy Policy is a part of this Agreement.
Use of Information
BuyWell reserves the right, and you authorize BuyWell, to the use and assignment of all information regarding your use of this Web Site and all information provided by you in any manner consistent with our Privacy Policy.