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Terms of Use

The terms of use set forth on this web page ("Terms") outline conditions of use that all visitors and customers, including you (“you”), agree to as a condition of visiting this website. Your use of this website constitutes your agreement to follow these rules and to be bound by these Terms, and if you do not agree with all of these Terms, you are not authorized to use this website.

About Us

This website is owned and operated by GoCoffeeGo LLC, a California limited liability company (“GoCoffeeGo”).

Website Policies

Please review our other policies, such as our Privacy Policy, Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and are posted on this website. These other policies may be accessed by using the links at the bottom of this page. These policies govern your visit to this website, and you agree that you have read and understand all of these policies as a condition of using this website. We reserve the right to make changes to this website, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Membership

To purchase any products from this website, you must create a user account ("Account") on our website. After you create an account you may purchase products offered for sale on this website.

You agree to provide true, accurate, current and complete information about yourself through the registration process, and to promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we or any of our suppliers have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to delay or cancel any pending orders you may have, as well as take other corrective action including suspending or terminating your Account. You agree to maintain the confidentiality of your password and Account, and that you are fully responsible for all activities that occur under your password or Account.

You agree to immediately notify us of any unauthorized use of your password or Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these Terms.


Changes to these Terms and the Website

We may change these Terms and any content or promotions offered on this website without notice to you, and we or our coffee roasters and suppliers may change the number of products offered on this website, bonuses or incentives offered as a result of ordering any products from this website, or any other conditions or limitations set forth on this website. Without notice to you, we may limit the number of coffee roasters who offer coffee products and accessories on this website, or change the type of products offered by any coffee roaster at any time (for instance, certain roasts may become unavailable, certain blends may be backordered or discontinued, etc.).

Trademarks and Copyrights

Trademarks: GoCoffeeGo, the GoCoffeeGo logo, Professor Peaberry, the Professor Peaberry Logo, and Espresso Yourself are trademarks of GoCoffeeGo LLC. Other trademarks used on this website are the respective trademarks of the third parties shown on this website.

Copyright: The design, content, look and feel, and subject matter of this website are Copyright © 2008-09 GoCoffeeGo LLC.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GoCoffeeGo or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of GoCoffeeGo and protected by U.S. and international copyright laws. All software used on this site is the property of GoCoffeeGo or its software suppliers and protected by United States and international copyright laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without GoCoffeeGo’s express prior written consent.


Third Party Links to Other Websites

Any links to other websites are provided merely as a convenience to you. We have not reviewed all of these other websites, have no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and do not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.

Linking to this Web Site

Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

How to Order Products from this Website

After placing an order, you will receive an email from us acknowledging that we have received your order (“Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy one or more products. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where (1) there has been an obvious error in price; (2) the product is no longer in our coffee roaster’s inventory of product; or (3) other good cause exists to cancel your order, including, but not limited to, an unauthorized or fraudulent order, or an excessive number of customer service issues or return of products you have ordered through our website, regardless of the cause of any prior issues or dissatisfaction with any products. In all cases, our maximum liability to you for a given product shall be a refund of any money actually paid to us concerning that specific product in an order, including any attorneys’ fees or costs that you might otherwise claim. There are no exceptions. Please see our return and exchange policy for limitations on your ability to return product(s) you have purchased from us.

Once you place an order on our website, you agree that your credit card or debit card, as the case may be, is to be charged immediately in order to process your order for inventory fulfillment. Once you place an order on our website, you may not cancel your order. Please see our return and refund policy for any customer service issues.

Pricing and Availability of Products

Prices and availability of products on this website are subject to change without notice. Errors will be corrected when discovered. Our website contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our website may be incorrectly priced. We will normally verify prices as part of our order fulfillment procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when shipping the product to you. If a product’s correct price is higher than the price stated on our website, we will normally, at our discretion, either contact you for instructions before accepting the order and shipping the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect lower price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.

On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available, or there may be a delay in when an order can be shipped out to you, notwithstanding a different time table listed in our shipping policies. You agree that we may cancel your order after you have received an Order Confirmation without penalty.

On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party coffee roaster’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.

Disclaimers and Limitation of Liability

THE MATERIALS AND INFORMATION PROVIDED ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GOCOFFEEGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THIS WEBSITE IS AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING ANY ORDERS PLACED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED AT THIS WEBSITE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION AT LAW, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION; OR AN ACTION IN EQUITY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF GOCOFFEEGO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

GOCOFFEEGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOCOFFEEGO DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM GOCOFFEEGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, ADVICE, MERCHANDISE, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE. IN NO EVENT SHALL GOCOFFEEGO’S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY MONEY PAID TO GOCOFFEEGO, IF ANY, OR $1.00.

THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF GOCOFFEEGO AND ITS AFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS AND AGENTS.

Acceptable and Lawful Use of the Site

Any information provided by you in connection with the use of this website: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; (d) shall not infringe on any of GoCoffeeGo or a third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for this website or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support this Website, including but not limited to unsolicited e-mail, also called spam.

At the same time, you understand that we cannot and do not guarantee or warrant that information available for viewing or materials available for downloading from this website, including without limitation, links to third party websites, will be free of infection or viruses, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining any data backup protection in the unlikely event of any data loss as a result of visiting this website.

Indemnification

You agree to indemnify, defend and hold GoCoffeeGo and its affiliates, partners, contributors, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of this website; (ii) your use of, or reliance on the products, services, advice, or information provided through this website; or (iii) your breach of any provision of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

System Outages

We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. GoCoffeeGo shall have no liability whatsoever for the resulting unavailability of this website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to this website.

User Information Provided to Us

Should you provide any information to GoCoffeeGo or any of its employees, agents, partners, or others through this website, via e-mail, message boards, blog entries, or otherwise, with any information including, but not limited to, My Ratings comments, Member’s Pick of the Week reviews, feedback, questions, requests, opinions, comments, suggestions, or the like regarding the content of this website, products available on this website, or any other information ("User Feedback"), such information shall be deemed to be non-confidential and GoCoffeeGo shall have no obligation of any kind with respect to such information. To the extent you provide User Feedback to GoCoffeeGo, such information shall become the property of GoCoffeeGo which may be used for any purpose deemed desirable by GoCoffeeGo. In any event, GoCoffeeGo shall be free to reproduce, use, disclose and distribute any User Feedback without limitation and shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever to the extent not prohibited by law. Further, to the extent that any information you provide to GoCoffeeGo constitutes copyrightable subject matter, you hereby provide to GoCoffeeGo an assignment of the copyright in such work, or if for any reason such assignment is not effective, you hereby provide to GoCoffeego an irrevocable license, coupled with an interest, to use, disclose, copy, distribute and disseminate such information on a royalty-free basis in any manner deemed desirable by GoCoffeeGo. If this information includes your name and/or likeness as part of a review and/or testimonial, you are providing GoCoffeeGo and its affiliates with an irrevocable, royalty-free license to use your name and/or likeness and all attendant rights of publicity in conjunction with the use of such review and/or testimonial to promote the interests of any GoCoffeeGo products or services.

You acknowledge, consent and agree that as operator of this website, GoCoffeeGo may access, preserve, and disclose any user feedback or comments if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any user information violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of this website, its users and the public.

You agree that for any submissions to GoCoffeeGo, you will not submit any information, data, or images, that is obscene, profane or threatening in any way. You agree that you will not post any content or image to this website which is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. You are solely responsible for the messages and/or content that you submit to GoCoffeeGo, and GoCoffeeGo assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other guests or any third party. GoCoffeeGo reserves the right to purge any content you provide at any time.

Governing Law

These Terms and access to this website shall be governed by and construed in accordance with the laws of the State of California, exclusive of its conflict of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law.

Choice of Forum

You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California and of the United States District Court for the Northern District of California for any litigation or disputes arising out of or relating to use of this website and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the above-identified courts and agree not to plead or claim in any other jurisdiction that such litigation brought in California has been brought in an inconvenient forum.

Miscellaneous

In the event that one or more portions of these Terms shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms. Any delay or failure by us, at any time or times, to require performance of any provision hereof shall in no manner affect our right at a later time to enforce such provision. No delay or failure by us in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without our express written permission. We may, at any time, assign our rights or delegate our obligations hereunder without notice to you. No person who is not a party to these Terms is intended to be a beneficiary of these Terms, and no person who is not a party to these Terms shall have any right to enforce any term of this agreement. These Terms constitute the entire agreement between us and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of this website. The obligations contained in these Terms shall be binding upon the heirs, successors, assigns, employees, agents, officers, directors, partners, representatives, affiliates, subsidiaries, and parent and affiliate corporations of you, and shall inure to the benefit of each of the foregoing

Headings

The headings used throughout these Terms are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms.

Limitation on Access

We may suspend or terminate your access to this website for breach of these Terms (or any other agreement or policy incorporated by reference hereto), or for other good cause as we may determine.

Intellectual Property Infringement

We rely on a network of affiliates, coffee roasters, third-party product providers, and the like (collectively, "Associates") who supply some of the goods advertised on this website, and in most cases, drop ship them directly to our customers. In accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”), we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this website, or items advertised on this website, by our Associates. If you believe that your rights under intellectual property laws are being violated by any content posted on or transmitted through this website, or items advertised for sale on this website, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to this website. In order for us to investigate your claim of infringement, you must provide us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you believe has been infringed;

3. A description of where the material that you claim is infringing is located or identified on this website;

4. Your name, address, telephone number, and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:

By mail:

Rimer & Mathewson LLP
26440 La Alameda, Suite 370
Mission Viejo, CA 92691
email: [email protected]

Your notice must comply with the DMCA in order to be effective. Filing a false notice, or making misrepresentations concerning copyright infringement or a counter notification, can result in attorneys' fees, costs, and other penalties being assessed against you under the DMCA.

Force Majeure

Neither you nor GoCoffeeGo shall be liable for its failure to perform under these Terms, other than a failure to pay any money when due and payable, if such failure is caused by any of the following: war, flood, fire, interruption of transportation, embargo, explosion, governmental orders, regulations or restrictions, strike, lockout or other labor problems, or any cause beyond the reasonable control of the non-performing party; provided, however, that the non-performing party shall make a good faith effort to perform as fully and as quickly as that party is able to perform.

Links to Policies:

Auto-Ship Policy

Return & Refund Policy

Product Availability Policy

Gift Cards and Certificates Terms of Use

Shipping Policy


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