Terms of Service
Seattle Coffee Works Inc.
Last modified: July 29, 2020
These Terms of Service (“Terms”) are between you and Seattle Coffee Works
Inc. ("SCW", "we" or "us") and govern your use of seattlecoffeeworks.com (the “Website”), as well as your purchase of SCW products (each a “Product”) on the Website and in SCW stores. Please read these Terms carefully before ordering Products (“order”) or using the Website. By using the Website or placing an order, you accept and agree to be bound and abide by these Terms. If you are using the Website on behalf of a company or other legal entity, the term “you” shall refer to such entity in addition to the individual user, and the individual accepting these Terms on behalf of such entity represents that he or she has the authority to bind the entity to these Terms.
- You must be at least 18 years old to place orders for Products or to use this Website. You represent and warrant that you are at least 18 years old.
- Changes to Terms
- We reserve the right to revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.
- To the extent the Terms herein conflict with the terms and conditions of a subscription or membership offered on the Website, the subscription or membership terms and conditions, if applicable, will control.
- Payment must be made at the time your order is placed.
- Changes to Pricing and Products
- Pricing and Availability. Prices for Products, applicable taxes, and shipping costs are posted on the Website or at the point of purchase. SCW reserves the right to change the prices for Products and shipping on a going forward basis at any time in its sole discretion. We do our best to ensure that the prices posted for our Products are correct, but errors may occur. If we discover an error in the price of any Product, or the availability of a Product you have ordered, we will inform you of the error as soon as possible and give you the option of reconfirming your order or cancelling it. If we are unable to reach you regarding the error, we will cancel the order and refund payment to you.
- We reserve the right to discontinue or change a Product at any time.
- We make reasonable efforts to represent each Product as it will be delivered to you, but you understand and agree that the final Products delivered to you may differ in appearance from the images and descriptions provided at the time you place your order.We do not accept returns or exchanges, unless the Product you purchased has a quality defect that is not the result of the Product having been left unattended upon arrival. If you receive a defective Product, please contact us at firstname.lastname@example.org. Please refer to our full return policy for more information.
- Products Not for Resale
- Products are for your own personal use and not for resale. You are responsible for complying with all applicable laws, regulations and ordinances in connection with your use of any Products. Products may be subject to export control laws and other laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations, and you represent and warrant that you will not export, re-export, or transfer indirectly or directly any Product in violation of such laws and/or regulations. You will defend and hold SCW harmless against all claims, damages, or liability resulting from your breach of the foregoing.
- Third Party Materials
- To the extent that any information, material, or functionality on the Website is provided by third party content providers (“Third Party Materials”), SCW has no responsibility over such Third Party Materials. All statements and/or opinions expressed in Third Party Materials are solely the opinions and the responsibility of the third party providing those materials. Third Party Materials do not necessarily reflect the opinion of SCW, and SCW does not endorse such opinions. We are not responsible, or liable to you or any third party, for the accuracy or reliability of any information provided by any third party, or for your use of any Third Party Materials that may infringe rights of third parties not owned by or affiliated with SCW.
- Accessing the Website and Account Security
- We reserve the right to withdraw or modify this Website, and any 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 parts of the Website, or the entire Website.
- You are responsible for maintaining the confidentiality of your account, including any username or password created by, or provided to, you in connection with the Website. You are solely responsible for the actions taken by you on the Website, or in connection with your account or username. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security on the Website. We reserve the right to disable any account, username, password or other identifier at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
- Coffee Works Club Membership
- If you are a member of the Coffee Works Club, the terms governing your orders can be found at the Coffee Works Club Terms & Conditions page.
- Intellectual Property Rights
- Ownership. The Website and its 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 SCW, 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.Except as expressly provided in Section 10.3 below, you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, frame in another web page, republish, download, store, transmit or otherwise use any of the materials and content on the Website without our prior written authorization. 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 herein are reserved by SCW. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws
- Trademarks. “Seattle Coffee Works” and related logos are registered or unregistered trademarks and service marks owned or licensed by SCW. Other product and company names and logos appearing on the Website may be registered or unregistered trademarks, service marks or trade names of their respective owners. Any use of the trademarks, service marks or trade names displayed on the Website is strictly prohibited, and nothing appearing on the Website will be construed as granting, by implication or otherwise, any license or right to use any of those trademarks, service marks or trade names.
- License. SCW grants you permission to view the Website and its contents and to print individual pages from the Website for your own personal, noncommercial use, provided that you accept and abide by these Terms.
- Prohibited Uses
- You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
- In any way that violates any federal, state, local or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," or "spam" or any other similar solicitation.
- To transmit any data or content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, that may invade another’s right of privacy or publicity, infringe upon another’s intellectual property rights, or that you otherwise do not have a right to transmit.
- To impersonate or attempt to impersonate SCW, a SCW employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for products or services if you are not expressly authorized by such party to do so.
- 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 SCW 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 Website 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 monitoring or copying any of the material on the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Probe, scan, test the vulnerability of or breach the authentication measures of, the Website or any related networks or systems.
- Otherwise attempt to interfere with the proper working of the Website.
- Monitoring and Enforcement
- We have the right to:
- Take any action that we deem necessary or appropriate in our sole discretion in connection with your use of the Website.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website at any time and for any or no reason, including without limitation, any violation of these Terms.
- You waive and hold harmless SCW from any claims resulting from any action taken by us as a consequence of investigations by either SCW or law enforcement authorities.
- Links from the Website
- Any links to other websites from this Website 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 websites 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 linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
- Electronic Communication
- When you use the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication.
- Geographic Restrictions
- The owner of the Website is based in the state of Washington 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 these countries. 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 or Canada, you do so on your own initiative and are responsible for compliance with local laws.
- Disclaimer of Warranties
- 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 SCW nor any person associated with SCW makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither SCW nor anyone associated with SCW represents or warrants that the Website, its content or any services 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 obtained through the Website will otherwise meet your needs or expectations.
You agree that from time to time we may remove the Website for indefinite periods of time or indefinitely, without notice to you.
SCW hereby disclaims all warranties of any kind, whether 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 on Liability
- In no event will SCW, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for any loss, cost, or 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, any content on the Website or such other websites, or any services or Products obtained through SCW stores or the Website or such other websites, or the transmission of information to or from the Website over the internet, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury (including injuries resulting from any food allergies and/or intolerances), pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. In no event shall the aggregate liability of SCW, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Website or the content located thereon exceed one hundred dollars ($100.00).
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
- You agree to defend, indemnify and hold harmless SCW, its affiliates, licensors and service providers, and its respective officers, directors, employees, contractors, agents, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to content, data, or information that you submit or transmit through the Website, your violation of these Terms, your violation of any applicable law, regulation or code, your violation of any rights of another, or your use of the Website, including, but not limited to, any use of the Website's content, services and Products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
- Governing Law and Jurisdiction
- All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (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 Washington without giving effect to any choice or conflict of law provision.
Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal and state courts located in Seattle, Washington. SCW reserves the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
- Limitation on Time to File Claims
- Any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
- Injunctive Relief
- You acknowledge and agree that SCW may bring suit exclusively in federal court in Seattle, Washington, to enjoin infringement or other misuse of any of our intellectual property rights.
- These Terms constitute the sole and entire agreement between you and SCW with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website. These Terms will survive your receipt of your order. No waiver by SCW of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SCW to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal 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 will continue in full force and effect.
- Contact Information
- To ask questions or provide comments about these Terms, contact us at:
Seattle Coffee Works Inc.
1147 NW 53rd
Seattle, Washington 98107