Welcome, and thank you for visiting the Bodecafe website.
The following terms (“terms” or “agreement”) outline your access to and use of any and all content, features, and services (collectively, “services”) provided by Bodecafe, LLC. (“company,” “us,” “our,” or “we”) via the sightglasscoffee.com domain and any other applications (collectively, “sites”) that are owned and operated by us. By using the sites and services, you agree to the following terms.
We may revise and update these terms periodically, with all changes effective immediately upon posting. Continued use of the sites following an update of terms confirms that you accept and agree to these changes.
Privacy
We value and respect your privacy. Many of our practices are outlined within these terms, but further information about our Privacy Policy can be found here.
Copyright, Trademarks & Intellectual Property Rights
Our sites and services contain logos, trademarks, and intellectual property (“content”) that includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by us or our partners via the provided services.
Unless otherwise indicated, the terms and all content provided by us are protected by trademarks, service marks, patents, trade secrets or proprietary rights and laws, and are copyright © 2020 Bodecafe, LLC. All rights reserved. Names of actual companies and products mentioned within the sites may be the trademarks of their respective owners.
You agree to abide by all copyright notices, information, and restrictions contained in any content accessed through these services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, store, or otherwise exploit any content, third party submissions, or other proprietary rights not owned by you, without the consent of the respective owners or other valid right, and in any way that violates any third party rights.
Digital Millennium Copyright Act Notice
We have adopted a policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). This policy allows us to block access to or remove content that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users, as well as remove or discontinue service to repeat offenders.
Rules and Conduct
Use of our sites and services is meant only for lawful purposes in accordance with the outlined terms. Our services are provided for your personal, non-commercial use, and you are responsible for all of your activity in connection with these services. As such, you shall abide by all applicable local, state, federal, and international laws and regulations. You agree not to, and shall not permit any third party to, directly or indirectly:
• — attempt to, or interfere with the proper functioning of the services or any activities conducted on the sites, including, but not limited to, any manner that imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers) infrastructure
• — bypass any measures we may use to prevent or restrict access to the services and sites (or other accounts, computer systems or networks connected to the services)
• — introduce software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or disable any software, hardware, or telecommunications equipment. This includes the damage or unauthorized access to any system, data, password or other information related to, or owned and operated by the company or any of its third party affiliates
• — use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the sites, especially to decipher, decompile, disassemble, modify, reverse engineer or otherwise attempt to derive any source code, underlying ideas or algorithms of any part of the services
• — administer commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, any form of auto-responder or “spam,” or pyramid schemes on the sites
Company and Site Content
You may download or copy content and other items displayed on the sites for personal use only, provided that you maintain all copyright and other notices contained in such content. You shall not store any significant portion of our content in any form. Copying or storing of content for other than personal, non-commercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such content’s copyright notice.
We reserve the right to remove any content from the sites or services at any time, for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such content, or if we are concerned that you may have violated terms), or for no reason at all.
General Content Disclaimer
The content provided by or through our services is for informational purposes only. We make no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such content. You agree that we shall not be responsible for the consequences of any action that you or any other person takes or fails to take based on any such content as a result of your use of these services, or those who have been informed of the content.
We make no representation that the content is appropriate or available for use in locations outside of California, and accessing these services is prohibited from territories where such content is illegal. If you access these services from other locations, you do so at your own risk and are responsible for compliance with local laws.
Third Party Sites
Our services may provide links to other websites or resources, and in turn, there may be third parties that provide links to our sites. We are not responsible or liable for the content provided in these third party websites or resources, and inclusion of such links does not imply our endorsement or any association with its operators. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. Access and use of these third party websites is at your own risk, and you will be subject to the terms and conditions of use for such websites and resources.
Registration, Transactions & Termination
Our registration and product purchase services are available only to individuals who are at least 18 years old, and require those individuals to select a username and password (“account”). When registering, you confirm and warrant that:
• — you meet or exceed age requirements
• — all registration information you submit is accurate and truthful
• — you will be solely responsible for maintaining the confidentiality and security of your account
• — you will be solely responsible for any and all transactions performed using your account
• — you shall neither use another user’s account without such user’s express permission, nor impersonate another user in any capacity
We reserve the right to require payment of fees for certain features available within our sites and services. Should you elect to subscribe to such features, you shall pay all applicable fees as described on the sites and in connection with such features. We reserve the right to change our price lists and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Sites. Use of the sites and services by you following such notification constitutes your acceptance of any new or increased charges.
We reserve the right to refuse registration, terminate an account, or cancel orders of any individual who we believe fails to adhere to these terms or violates applicable laws. Any fees paid hereunder are non-refundable. All provisions of the terms, which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Warranty Disclaimer
SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Communications Privacy Act Notice (18USC 2701-2711): COMPANY MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
Limitation of Liability
IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnification
You shall defend, indemnify, and hold harmless the company, its affiliates and each of its affiliate employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the sites, services, and content (ii) your violation of the terms (iii) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Dispute Resolution
Any legal dispute arising from or relating to the subject matter of these terms shall be governed by and construed in accordance with the laws of the State of California, excluding conflict of law rules, and the United States of America. For all purposes of these terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in San Francisco County, California, using the English language, in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) in effect. The dispute will be overseen by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Said arbitrator shall be selected from the corresponding JAMS list in accordance with the Arbitration Rules and Procedures of JAMS.
The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including attorneys’ fees, expert witness fees and all other expenses) incurred in connection with the dispute at hand. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
Use of the services is not authorized in any jurisdiction that does not give effect to all provisions of the terms, including without limitation, this section. All notices under the terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
A printed version of the terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the terms to the same extent, and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and company agree that any cause of action arising out of or related to the services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Waiver and Severability
These terms are the entire agreement between you and Bodecafe, LLC. with respect to the services and use of the sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the company with respect to the sites. If any provision of the terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms will otherwise remain in effect. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Miscellaneous
We shall not be liable for any failure to perform obligations hereunder where such failures result from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
You expressly agree and understand that the sites and services are not intended, nor required, to support or carry emergency or time-critical calls or communications to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency or time-critical service (“emergency services”). The company, its affiliates or staff are in no way liable for such emergency calls or communications pursuant to any applicable local and or national rules, regulation or law. By agreeing to these terms, you understand that additional arrangements must be made to access emergency services. You acknowledge and accept your responsibility to purchase, separately from the services provided, traditional wireless or wireline telephone service and other means of communication intended for access to emergency services. You further acknowledge and accept that we are not a replacement for your primary, or otherwise, means of communication.
These terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the terms and neither party has any authority of any kind to bind the other in any respect.
Contact
If you have questions, comments, or concerns regarding any of the information available within our site, please contact us at: info@bodecafe.com
Last Updated and Effective: December 10, 2020
