Welcome to AMASCAFE LLC, and welcome to our Coffee Subscription service. (“AMASCAFE,” “we,” or “us”) and our website at amascafe.com, along with our related websites, networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between “You” and “AMASCAFE” regarding your use of the Service.
ACCEPTANCE OF TERMS
When you visit this Site, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
All content included on this Site, including, but not limited to text, graphics, logos, images, illustrations, designs, icons, photographs, video clips and written and other material (collectively “Site Content”) is owned or licensed property of AMASCAFE LLC and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, compilation and assembly of all Site Contents on this Site are the exclusive property of AMASCAFE LLC and protected by U.S. and international copyright laws. AMASCAFE LLC and its licensors expressly reserve all intellectual property rights in all Site Content. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to AMASCAFE LLC, or the other respective owners of such Marks. You may not display or reproduce the Marks in any manner without the prior written consent of AMASCAFE LLC, and you may not remove or otherwise modify in any manner any trademark notices from any content offered or received through this Site.
LIMITED LICENSE AND SITE ACCESS
This Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian. By accessing and using this Site, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you are 18 years of age or older; and (c) your use of this Site does not violate any applicable law or regulation. If you are a parent or legal guardian, you must monitor and supervise the use of this Site by children, minors and others under your care. You agree to be responsible for their use of this Site.
ACCOUNTS, ORDER, PAYMENTS, REGISTRATIONS, AND PASSWORDS
If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting
You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information. You must maintain the confidentiality of any Password, and you may not disclose such Password to any other person or entity or permit any other person or entity to access this Site using such Password. You agree to notify AMASCAFE LLC immediately of any unauthorized use of your account or of any Password that is not issued directly to you or approved by us. You acknowledge and agree that AMASCAFE LLC, in its sole discretion, may suspend or discontinue your account, and refuse any and all current and future, access to or use any portion of this Site at any time without notice to you. AMASCAFE LLC cannot be responsible, and disclaims all liability in connection with, the use of any information that you post or display on this Site. You should use caution when posting any information, including proprietary information and personally identifiable information, to this Site.
This Site provides you with the ability to submit Orders and you may be asked to supply certain information relevant to your Order including, without limitation, your credit card or debit card number and expiration date, your billing and shipping addresses and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD(S) OR DEBIT CARD(S) OR OTHER PAYMENT METHOD(S) USED BY YOU IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating the completion of Orders initiated by you or on your behalf. We may require verification of information prior to the acknowledgment or completion of any Order. It is your responsibility to ascertain and comply with all applicable laws with regard to the receipt, possession, use, and sale of any item purchased from this Site.
You agree to pay all charges that may be incurred by you or on your behalf in connection with all Orders placed through this Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you are responsible for any applicable taxes in connection with your Order.
You are solely responsible for your account, payment information, and any other content you submit on or through this Site in connection with your Order (collectively, the “Customer Content”). We have the right but not the obligation to decline all or any portion of any Customer Content for any reason or no reason.
All descriptions, images, references, content, specifications, products, and prices of products described or depicted on this Site are subject to change at any time without notice. The current inclusion of any products on this Site at a particular time does not guarantee that such products will be available. This Site may be incomplete and may contain errors or inaccuracies. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information on this Site at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected. We reserve the right to refuse to fill any Orders based on information on this Site that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
We will endeavor to ship your Order to you as quickly as possible, however all orders are subject to availability. AMASCAFE LLC is not responsible for any lost, stolen or damaged shipments. Occasionally we may sell out of items featured on this Site. If we are unable to complete your order, you will be notified via email and will not be charged for orders that cannot be fulfilled. We reserve the right to decline your order in the event that we are unable to obtain authorization for payment, there are shipping restrictions for a particular item, or we do not have the item in stock. Items in your shopping cart are not reserved and may be purchased by other clients.
Orders are shipped via FEDEX Ground only. Expedited shipping is not available upon request. A tracking number will be available. We will attempt to ship the product the next day the order is submitted. We make every effort to have the product received within 6-7 days after shipment.
Shipping cost is non-refundable. Shipping is part of the transaction, not the product. If the product is defective or damaged, the original product will be reshipped with no additional cost. If a product is exchanged or returned for credit, then the customer is responsible for the return shipping costs, reshipping costs, and any damages incurred on the way to “AMASCAFE”.
RISK OF LOSS
All products purchased from this Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
“You” should carefully examine all deliveries of the Product upon delivery, and notify AMASCAFE LLC of any alleged error, shortage, defect, or non-conformity of the Product within 24-48 hours after receipt. Your failure to examine and report will, to the maximum extent permitted by applicable law, constitute a waiver of any claim against AMASCAFE LLC arising under these Terms or by law with respect to any such error, shortage, defect, or non-conformity reasonably discoverable by examination. You agree to make any and all claims for damage or loss in transit against the carrier.
RETURNS, REFUNDS, OR EXCHANGE
For immediate product exchanges, please send us an email firstname.lastname@example.org or call our Customer Service Department for assistance at 1-844-426-2722. The customer is responsible for all shipping costs and will be charged accordingly. All returned items will be inspected for damage and charges will be accessed before a new item is sent. AMASCAFE LLC is not responsible for the damage of product during shipping. If “you” receive a damaged product, either email or call our Customer Service Department within 24-48 hours of arrival as stated above. Failure to contact Customer Service within this frame will void any claim.
PRODUCT INFORMATION CHANGES
While we have taken reasonable steps to depict the Product as accurately as possible through the photographs and other images featured on our websites, the detailing (such as color, pattern, and texture) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a Product when you receive it. In addition, AMASCAFE LLC expressly reserves the right, at any time and without notice, to discontinue or change any Product or the Service.
If you activate a Subscription Service, it may include automatically recurring payments for periodic charges (“Subscription Service”), in which case you hereby authorize AMASCAFE LLC to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. For information on the “Subscriptions”, please visit Subscriptions – AmasCafe. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method “you” provide to us during registration (or to a different payment method if “you” change your payment information). A 7-day notice is required for coffee subscription cancellations. You may cancel the Subscription Service by logging into your account, going to the account section, selecting the item you wish to cancel, and selecting the cancellation button within the details of the order, or by contacting us at: email@example.com.
AMASCAFE LLC has full rights to suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Limited License: Subject to your complete and ongoing compliance with these Terms, AMASCAFE LLC grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on a mobile device that you own or control; and (b) access and use the Service.
License Restrictions: Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
Feedback: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant AMASCAFE LLC an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
DIGITAL MILLENNIUM COPYRIGHT ACT
AMASCAFE LLC expects all users to respect the intellectual property rights of others. AMASCAFE LLC may remove material that appears in its sole discretion to infringe upon the intellectual property rights of others and we will terminate the access rights of any repeat infringer. If you believe a work protected by a United States copyright that you own has been posted on this Site without authorization, you may notify us at firstname.lastname@example.org.
LINKS TO OR FROM OTHER WEBSITES
Please be aware that we are not making, and cannot make, any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.
ALL CONTENT CONTAINED ON THIS SITE, INCLUDING TEXT, IMAGES, GRAPHICS, AND LINKS, AND ALL PRODUCTS, ORDERS, DELIVERABLES, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AMASCAFE LLC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, WHETHER PROVIDED OR OWNED BY AMASCAFE LLC OR BY ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, AMASCAFE LLC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT AND YOU MAY NOT RELY ON THE CONTENT ACCESSIBLE VIA THIS SITE.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, products, and experiences available through this Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AMASCAFE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES WITH REGARD TO THE CONTENT CONTAINED ON THIS SITE;(II) ANY UNAUTHORIZED ACCESS TO OR USE OF THIS SITE OR AMASCAFE LLC’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THIS SITE; (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THIS SITE BY ANY THIRD PARTY; OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF OR RELIANCE ON THE CONTENT CONTAINED ON THIS SITE, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AMASCAFE LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AMASCAFE LLC makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
To the extent applicable, software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) any other country to which the United States has embargoed goods; or (ii) anyone to the United States Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Deny Orders. If applicable, by downloading or using software on this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or any such list.