LEGAL TERMS AND CONDITIONS FOR THE USE OF https://bestroast.coffee
- User Eligibility
The Website is provided by www.bestroast.coffee and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
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4. www.bestroast.coffee Service Terms and Conditions
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5. Information Submitted Through the Website and the Services
With respect to any individual whose personal information is provided by You through the Website and the Services, You represent to that You have the authority to provide such information and that You have provided all necessary notice and obtained all necessary consents for the processing of such information contemplated by the Services You are using.
6. License and Ownership
The owner of this URL www.bestroast.coffee grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by the Owner, and (b) access and use The Owners computer and network services offered within the Website (the “Owner Systems”) only in the manner expressly permitted by The Owner. Except for this limited license, The Owner does not convey any interest in or to the the Owners Systems, information or data available via the Owners URL or Systems (the “Information”), Content, Services, Website or any other the Opners property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the owner of this web site via the website contact information. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by the Owner of this URL.
7. Restrictions on Use of the Website
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by the owner.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Website are restricted to customers of this URL.
(f) You may not use or access the Website or the owners Systems or Services in any way that, in the owners judgment, adversely affects the performance or function of the owner company Best Roast Coffee LLC its members or officers ans the owner of www.bestroast.coffee and is Systems, Services or the Website or interferes with the ability of authorized parties to access the owners Systems, Services or the Website https://bestroast.coffee.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of the owners.
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(b) Inbound Links. Linking to any page of the Website other than to www.bestroast.coffee through a plain text link is strictly prohibited in the absence of a separate linking agreement with the Best Roast Coffee LLC and its members or officers owner of www.bestroast.coffee. Any website or other device that links to https://www.bestroast.coffee or any page available therein is prohibited from;
(a) replicating Content,
(b) using a browser or border environment around the Content,
(c) implying in any fashion that the Owner or any of its affiliates are endorsing it or its products,
(d) misrepresenting any state of facts, including its relationship with the Owner or any of its affiliates,
(e) presenting false information about the Owner products or services; and
(f) using any logo or mark of The owner or any of its affiliates without express written permission from the owner.
The owner of this URL Best Roast Coffee LLC together with its officers and members does not accept ideas, concepts, or techniques for new services or products through the Website (“Comments”). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) The owner and its affiliates are under no obligation to keep such information confidential, and (c) the owner will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
You agree that the owner, in its sole discretion, may terminate or suspend Your use of the Website, the web site Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the web site Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that the Owner of this URL shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the Owners Systems, Information and/or the Services.
12. Disclaimer of Warranties
13. Limitation of Liability
14 DISPUTE: Please read the following paragraphs very carefully because they require you to arbitrate disputes with Best Roast Coffee LLC its members officers and employees the owner of this URL its affiliated companies and individuals and limit the manner in which you can seek relief from us.
A. Applicability. You agree that any dispute, controversy or claim arising out of, or relating to, these Terms (including the breach, termination, enforcement, interpretation, or validity of these Terms) (together, “Disputes”) will be resolved by confidential and binding arbitration with JAMS on an individual basis as described in these Terms (this “Arbitration Agreement”). The place of arbitration will be Los Angels California, unless otherwise mutually agreed to in writing by all parties to the arbitration. But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of the owner of this URL’ intellectual property or other proprietary rights, the owner of https://bestroast.coffee may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; the owner of this URL; Affiliates of the Owner of the URL and associated Individuals and respective directors, officers, employees, owners, agents, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Website; and any third-party beneficiaries. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
B. Arbitrator. Proceedings for arbitration will be administered by JAMS and in accordance with JAMS Commercial Arbitration Rules and the Supplementary Procedures for Comercial-Related Disputes then in effect except as stated below. You agree a single arbitrator with knowledge of Trade Related Intelectual Propert (TRIPS act ), CUTSA (California Uniform Trade Secrets Act) and electronic commerce law will conduct the arbitration in accordance with civil procedure of California and that arbitrator may grant injunctions or other relief in such dispute or controversy. Parties will first mutually agree upon such arbitrator, but if the parties have not agreed on an arbitrator within thirty (40) days of the date of the notice of intention to arbitrate, JAMS will select the arbitrator from its list of commercial arbitrators, and it is agreed the list JAMS selects from is not to include any arbitrator named on the prior lists parties were in dispute over. The arbitrator will conduct a single hearing no longer than one (1) day in duration for the purpose of receiving evidence and will render a decision within fifteen (15) days after the conclusion of the hearing. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any State or Federal court of competent jurisdiction. The cost of the arbitrator will be shared equally, and all other expenses of arbitration, including attorneys’ fees, will be paid by the party who incurred them. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. You further agree that you will not participate in any way in any class action in connection with any Dispute, either as a class representative plaintiff or as a member of a putative class. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
C. Place; Federal Arbitration Act. The place of arbitration will be Los Angeles California, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.
D. Confidentiality. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.
E. Time Limitation on Claims. Arbitration proceedings must be initiated within one (1) year after any Dispute arises; otherwise, the Dispute is permanently barred.
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