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WEBSITE TERMS OF USE

Last updated: October 12, 2018

 

Introduction

Welcome to www.laterzacoffee.com (“Website”), the website of La Terza, LLC (the “Company” or “La Terza” or “we” or “us” or “our”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms of Use”) apply to you and your use of the Website, including any content, functionality and services offered on or through www.laterzacoffee.com, any external widgets, and our corresponding application program interface, whether as a guest or a registered user.

 

Acceptance of the Terms of Use

Please read these Terms of Use carefully before using the Website or any of its services. By using the Website, you agree to be bound by these Terms of Use and our Privacy Policy, found by clicking here, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Website.

 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes, as they are binding on you. Any changes to the dispute resolution procedures set forth below in Governing Law and Jurisdiction shall not apply to any disputes for which the parties had actual notice as of the date the change was posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you agree to the changes.

 

Underage Users

The Company does not sell products for purchase by children. This Website is intended for users who are 18 years of age or older, reside in the United States or any of its territories or possessions and are able to form a binding contract with the Company. By using this Website you represent and warrant that you are at least that age, reside in the United States, are able to form a binding contract with the Company, agree to these Terms of Use, and meet all of the eligibility requirements. If you do not meet all of these conditions, you may not access or use the Website.  If you do meet such conditions and comply at all times with these Terms of Use (including our Privacy Policy), we grant you personal, non-exclusive, non-transferable, limited permission to access and use the Website as provided herein. If you are under 18 years old, then you may not use this Website under any circumstances.

 

Accessing the Website and Account Security

By using this Website, you represent and warrant that you may form a binding contract with the Company.

 

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Website to users, including without limitation registered users.

 

You are responsible for making all arrangements necessary for you to have access to the Website.

 

You are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use, and that they comply with them.

 

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

 

If you choose, or you are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify the Company of any unauthorized use of your user name or password or any other 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.

 

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, such as, if in our opinion, you have failed to comply with any provision of these Terms of Use.

 

Information and Privacy

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide is correct, current, and complete. You further agree that your use of the Website and all information you provide is subject to our Privacy Policy,  and you consent to all actions we take consistent with our Privacy Policy.

 

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

You are permitted to use the Website for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of the Company. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in the Website, except to:

  • Store copies of such materials temporarily in RAM;
  • Store files that are automatically cached by your Web browser for display enhancement purposes; and
  • Print a reasonable number of pages of the Website for a permitted use.

 

You must not:

  • Modify copies of any materials from the Website;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website; and
  • Reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.

 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: info@laterzacoffee.com.  

 

The Company name, the Company logo and all related names, logos, product and service names, designs, and slogans belong to the Company or its affiliates or licensors. You must not use the same without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

 

No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

 

Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of the Company’s or any third party’s intellectual property rights. The Company expressly reserves all intellectual property and other proprietary rights in all content, format, imagery, text, programs, products, processes, technology, and other materials that appear on this Website.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms;
  • To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter” or “spam,” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company or a Company employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing); and
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

 

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage or impair the application or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including to monitor or copy any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without the Company’s prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, trojan horses, worms, logic bombs, malware or other material which is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and
  • Otherwise attempt to interfere with the proper working of the Website.

 

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is accurate.

 

Loss of Right to Access

If you violate any of the above-referenced intellectual property rights, engage in any of the foregoing prohibited uses or otherwise breach these Terms of Use, your right to use the Website will cease immediately and you must, at our option, immediately return or destroy any copies of any content or materials from the Website that you have made or are in your possession.

 

Reliance on Information Posted

The information presented on or through the Website is made available “AS IS” and solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

 

Changes to the Website

We may update the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. We may change the Website at any time with or without notice. We may suspend access to the Website, or close it indefinitely.

 

Linking to the Website

You may link to our Website, 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 where none exists. The website or application from which you are linking must comply in all respects with the content standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

 

Links from the Website

If the Website contains links to other sites or applications and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites, applications or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or applications linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and applications.

 

Geographic Restrictions

The owner of the Website is based in the State of Ohio in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

 

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

 

THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY SERVICES, CONTENT OR MATERIALS ACCESSED OR OBTAINED ON OR THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA AND WHETHER SOUNDING IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHER THEORY OF LIABILITY, EVEN IF SUCH LOSS OR DAMAGE IS FORESEEABLE.

 

Indemnification

You agree to defend, indemnify, and hold harmless the Company from and against any causes of action, claims, demands, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or in any way relating to facilities, services, equipment or premises of the Company and its Affiliates or resulting from your violation of these Terms of Use or your use of the Website, including, without limitation, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Risk of Loss

All items purchased from the Company, on its Website or by other means, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you, the buyer, upon our delivery to the carrier.

 

Returns, Refunds, and Title

For questions regarding returns, please contact us at: info@laterzacoffee.com.

 

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).

 

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be resolved by binding arbitration, rather than in court, in Hamilton County, Ohio. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver of these Terms of Use by the Company shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

 

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and La Terza, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

 

Your Comments and Concerns

This Website is operated by La Terza, LLC at 611 Shepherd Dr., Unit 17, Cincinnati, OH 45215. All notices of copyright infringement claims should be directed to:

 

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@laterzacoffee.com.