Terms of Service

Welcome to the website of rusticoffee (“Company”, “we” or “us”). You may want to get a cup of coffee if you intend to read all of this.  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of [www.rusticoffee.com], including any content, functionality and services offered on or through the same (the “Website”), whether as a guest or a registered user.

Please read the Terms of Service carefully before you start to use the Website. By by clicking to accept or agree to the Terms of Service when this option is made available to you (for example, when you place an order for Services on the Website), you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at http://rusticoffee.com.md-40.webhostbox.net/privacy-policy/, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Service

We may revise and update these Terms of Service from time to time in. We will inform you of material changes by posting them on the Website and/or via email to you. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Service means that you accept and agree to the changes.

Our Services

We offer specialty coffee catering services which may be requested through the use of the Website. All services provided by Company to you by means of your use of the Website are hereafter referred to as the “Services.” You must provide Company with suitable space and facilities (including parking) so that we can perform our duties required for the number of guest expected. You must arrange for and personally provide access to such facilities, and accommodate our reasonable set-up and preparation needs prior to the event. We reserve the right to inspect and approve all proposed venues and facilities for Services, but we are not and will not be responsible or liable for any injury or damage to persons or property not caused directly by us or our employees. Damage to the venue/facilities or any personal property by you or your guests will be charged to you and is solely your responsibility and liability.

How to Use the Website to Request Services

The Website allows you to send us a request for Services. We have sole and complete discretion to accept or reject each request for Services. NO REQUEST FOR SERVICES THAT YOU SUBMIT VIA THE WEBSITE WILL BE VALID OR BINDING ON COMPANY UNLESS AND UNTIL WE CONTACT YOU VIA TELEPHONE OR EMAIL TO CONFIRM OUR ACCEPTANCE OF YOUR REQUEST. We will use commercially reasonable efforts to accept all Services requests made via the Website at least twenty-four (24) hours prior to the requested start time for applicable Services, subject to the availability of necessary materials, equipment and transportation, your location and the requested Services.

Payment

The rates that apply for the Services can be found on the Website or by contacting info@rusticoffee.com. These rates may be modified or updated by the Company from time to time. You agree that you will pay for all the Services you purchase from the Website, and that we may charge your credit card account in full when you submit your request for Services via the Website (including any taxes and cancellation fees, as applicable) that may be accrued by or in connection with your account. You are responsible for the timely payment of all fees and for providing the Company with a valid payment card account information for payment of all fees at all times.

You have to cancel within 24 hours to get a full refund.  We will provide a refund for cancellations made through a third-party payment processor no later than twenty-four (24) hours prior to the requested start time for applicable Services request. If the applicable Services request is cancelled within twenty- four (24) hours of your event, your payment is non-refundable.

You agree to pay for any and all any additional Services you request, for example decorations, rental of facility, rental of equipment, and all supplies; set up of rental equipment, refuge removal, etc. Any verbal modification of the Services by you on the day/time when the Services are provided may also be charged to your account.

We use a third-party payment processor (the “Payment Processor”) to link your payment card account to the Website. The processing of payments in connection with your use of the Website will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms of Service. We are not responsible for any errors by the Payment Processor.

Accessing the Website and Account Security

To access the Website and use the Services, you will be asked to provide certain registration details and other information. It is a condition of your use of the Website that all the information you provide on the Website (including, without limitation, name and contact information, Services request address, payment card information, etc.) is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to request Services from the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

In the event you are registering on the Website or requesting Services on behalf of a corporation, partnership, association, club, or society or any other entity, you represent that you have full authority to enter into agreements on behalf of and to bind such entity, and in the event that you are not so authorized, you will be personally liable for performance under these Terms of Service.

If you choose, or 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 other person or entity. You also acknowledge that your account is personal to you (or, if applicable, to your company or other entity) and agree not to provide any other unauthorized person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or 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 name, password or other identifier, whether chosen by you or provided by us, 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 of Service.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, names, logos, 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.

These Terms of Service permit you to use the Website for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our 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@rusticoffee.com

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. 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 US or other countries).
  • To impersonate or attempt to impersonate the Company, a Company 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 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 site 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.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our 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 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.
  • Otherwise attempt to interfere with the proper working of the Website.

Changes to the Website

We may update the content on this 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.

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.

Geographic Restrictions

The owner of the Website and provider of the Services is based in Los Angeles, California. We provide the Website and the Services for use only by persons located in the greater Los Angeles area. We make no claims that the Website or any of its content is accessible, or that the Services are available, outside the greater Los Angeles area.

Disclaimer of Warranties

If for any reason beyond its control, including but not limited to: strikes, labor disputes, accidents, government requisitions, restrictions or regulations on travel, weather, commodities or supplies, acts of war, or acts of God, Company is not able to perform any Services, such non-performance is excused without further liability to you of any nature upon Company’s refund of any fees for Services paid by you.

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 SITE 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 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 THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 OR ANY SERVICES REQUESTED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

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

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, 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 your violation of these Terms of Service or any act or omission by you concerning the Website or Services.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Service 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 California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Los Angeles and County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service 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 OF SERVICE 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.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Service 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 the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

If any provision of these Terms of Service 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 of Service will continue in full force and effect.

Entire Agreement

The Terms of Service, our Privacy Policy and any other policies, terms and conditions we incorporate herein shall constitute the sole and entire agreement between you and Company 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

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

Last Modified: May 6, 2014

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