The Site is owned and controlled by Company. Your use of the Site constitutes your agreement to these Terms. By using the Site, you agree to be bound by these Terms and any additional terms that may be posted for any specific Company Site. If you do not agree to these Terms, do not use the Site. Company reserves the right to modify or change these Terms from time to time, at Company’s sole discretion, without prior notice to you. Please periodically visit this section of the Site to review the current version of these Terms. By using the Site you agree to the most current version of the Terms and any and all future changes that may be placed in effect. You also agree to comply with any additional Terms which are referred to on this Site or any area within the Site.
BY USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU FURTHER AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND COMPANY REGARDING THE SITE.
We provide this Site as a service to our customers. Unless otherwise noted, all Site content and functionality, including images, illustrations, designs, icons, photographs, video clips, software, and written and other content that are part of this Site, including all copyright, trademark, patent, and any other intellectual property rights therein (collectively, the “Content”) is owned or licensed by Company.
The Site and all its Content are intended solely for your personal use. Except as described herein, you may not copy, reproduce, distribute, perform, create derivative or joint works from, publish, translate, adapt, modify, transmit, reverse-engineer, decompile, disassemble or otherwise exploit or use, in whole or in part, any of the Content and/or the Site, including but not limited to any software or any other item. You agree that if you download or print any images from the Site you do so solely for your own personal use and will not remove any copyright, trademark, and other notices that appear within the Site. No right, title or interest in any downloaded or printed Content is transferred to you as a result of any such downloading or printing or any other use.
Company grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use any proprietary software necessary to use the Site, including any updates and enhancements, in object code form, including on your mobile device, if necessary (the “License”). Except as otherwise expressly provided, Company grants no other express or implied rights to you in regard to the Site. The License granted to you may not be sublicensed, commercially distributed, or shared with any third party without the prior written consent of Company.
Except for information, products or services clearly and specifically identified as being supplied or endorsed by Company, Company does not endorse any products or services on this Site or other sites linked to or from it. Company may add, change, or remove any Content posted on this Site, including features and specifications of products described or depicted on the Site, at any time, without notice and without liability.
You agree to follow the conduct rules listed below:
- You will not knowingly provide or post any false, misleading, or fraudulent information.
- You will not use this Site for any illegal purpose, nor will you provide or post any material or information in violation of any applicable law or regulation.
- All information provided or posted by you will not violate the copyright rights, right of publicity or privacy or any other proprietary rights of any third party.
- Information provided or posted by you will not violate the trade secret rights of any third party.
- Information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
- You will not hold yourself out as someone you are not or otherwise impersonate any other person while using the Site.
- You will not interfere or tamper with the functioning of the Site, nor will you attempt to gain access to information or control of the Site not specifically granted to you.
- You will not use the Site to transmit any spyware, virus or similar destructive program or code.
- You will not compile any database or list of other Site visitors, nor will you use the Site to facilitate the sending of any spam, bulk email, or email offering to sell goods or provide services.
- You will not access or attempt to access any restricted portion of the Site unless you have specifically been granted access.
- You may not access or attempt to access the Site through any automated or non-human means, such as through bots, spiders, scripts, or software, or other means or processes to access, “scrape,” “crawl” or “spider” the Site, its offers, or any related data or information.
The products displayed on the Site may be available on our Site for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Site are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Site, and the in-store information and availability controls over any conflicting information at this Site. Your placement of an order through the Site constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Company or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Company or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
We respect the intellectual property rights of others and expect users of the Web Sites to do the same. Pursuant to Title 17 U.S.C. § 512(c), all notifications of claimed copyright infringement should be sent to Company’s designated Copyright Agent, which you can do by filling out the contact form here.
All claims of infringement must be in writing and must contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Company offers an optional automatic replenishment service called “Auto-Delivery.” If you order eligible products and choose the Auto-Delivery option, the items in your order will be automatically shipped to you on a regular basis at the frequency you select, based upon inventory availability and based upon the then-current prices for such items. You may change the items in your order, frequency, and next scheduled ship date at any time, or cancel your Auto-Delivery order, by logging into your Account or by emailing Customer Support using the form on the Contact page.
By purchasing an Auto-Delivery order, you agree and acknowledge that your order will be automatically shipped until cancelled, and you accept responsibility for all recurring charges prior to cancellation. To ensure uninterrupted delivery, you agree that Company may store and use the payment data you provide for use in maintaining and billing fees to your account, and you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.
Unless otherwise specified, the Site and the Content thereof are displayed solely for the purpose of promoting our products and services, and our company. These Terms shall be construed in accordance with the laws of the State of Georgia, U.S.A., without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Georgia, U.S.A. By using this Site, you agree and submit to the personal jurisdiction and venue of such courts.
You agree that in the event you have or may have any alleged claim against Company or any of our vendors, contractors, licensees, or licensors, you shall pursue such claim only in your individual capacity, and you shall not agree to join or be a part of any class action, consolidated action, or similar action. You also agree that your damages are limited as set forth elsewhere in these Terms and that you are not eligible to receive, and shall not seek, attorney’s fees in relation to any claim you have or may have against Company or its vendors or licensors.
If you decide to create an account on this Site, you must be at least eighteen (18) years old and create a Username and Password. You are responsible for keeping your Username and Password confidential and secure, and you are responsible for all actions taken using your Username and Password. By registering, you may agree to receive communications about your orders and promotional materials from Kava coffee.