Terms & Conditions last modified October 10, 2016.
Welcome to the Commonwealthjoe.com website (the “Website”) hosted by Commonwealth Joe LLC (hereafter also referred to as “we” and “us”) d/b/a Commonwealth Joe Coffee Roasters. Please review the following terms and conditions concerning your use of and access to the Website. By accessing, using, subscribing, purchasing or downloading any materials or content from the Website, you agree to follow and be bound by the following terms and conditions (the “Terms & Conditions”). If you do not agree with the Terms & Conditions, you may not use the Website.
ACCESS AND COMPLIANCE
By accessing the Website, you agree to be bound by the Terms & Conditions, all applicable laws and regulations and that you warrant and represent that you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. You agree that we may modify this agreement and such modifications shall be effective immediately upon posting. You agree to review these Terms & Conditions periodically to be aware of modifications. Continued access or use of the Website shall be deemed conclusive evidence of your acceptance of the modified agreement.
In order to use certain services offered by the Website, you may need to create a subscription or account. You agree to (a) create only one account/subscription; (b) provide accurate, truthful, current and complete information when creating your account/subscription; (c) maintain and promptly update your account/subscription information; (d) maintain the security of your account/subscription by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website or your account/subscription; and (f) take responsibility for all activities that occur under your account/subscription and accept all risks of unauthorized access.
INFORMATION AT THE WEBSITE
Although we attempt to maintain the integrity and accuracy of the information on the Website, we make no guarantees as to its correctness, completeness, or accuracy. The Website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the Website by third parties without our knowledge. If you believe that information found on the Website is inaccurate or unauthorized, please inform us by contacting us at firstname.lastname@example.org or via the Website's contact page.
USE OF THE WEBSITE
In consideration of being allowed to use the Website, you agree that the following actions shall constitute a material breach of these Terms & Conditions:
We expressly reserve the right, in our sole discretion, to terminate a user’s access to any interactive services and/or to any or all other areas of the Website due to any act that would constitute a violation of these Terms & Conditions. In addition to violating the Terms & Conditions of the Website, any of the foregoing actions on your part or on behalf of any entity for which you are employed or are otherwise acting as an agent constitutes intentional, unauthorized access of a protected computer; may constitute a violation of state and federal law, including, but not limited to the Computer Fraud and Abuse Act (18 U.S.C. § 1030); and may potentially subject you and any affiliated parties to civil liability and criminal prosecution.
Any unauthorized use of any materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes. It is your obligation to comply with all applicable state, federal, and international laws. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
You or we may suspend or terminate your subscription or account or your use of this Website at any time, for any reason, or for no reason. To the extent that you have orders pending when you terminate your account or use of the Website, you remain personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspects of this Website at any time without notice.
COPYRIGHTS AND TRADEMARKS
All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services, are protected by international, federal, and state copyright and trademark laws. The owner of the copyrights and trademarks, names, logos and service marks is Commonwealth Joe LLC, its affiliates or respective third party authors, developers or vendors ("Third Party Providers"). Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Commonwealth Joe LLC and/or a Third Party Provider. In addition, you may not "mirror" or “archive” any contents displayed on or otherwise accessible from the Website on any other server without the prior express written permission of Commonwealth Joe LLC.
You are ineligible to use this Website if you are under the age of 14. We do not accept any users who are under the age of 14. If you are under the age of 18, you must have your parent or legal guardian set up your account and your parent or legal guardian agrees to these Terms & Conditions. If you are under the age of 18, your parent or legal guardian’s consent to these Terms & Conditions is ongoing and they hereby warrant that they will review these Terms & Conditions for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these Terms & Conditions.
Terms & Conditions Regarding Purchases and Subscriptions
Prices and offers are subject to change.
SALES TAX POLICY
In connection with the sales of goods, our website collects and remits sales tax as required by applicable federal and state laws.
PAYING FOR YOUR ORDER
You may pay for your orders with major debit and credit cards issued in the United States of America. Currently, we accept Visa, MasterCard, American Express, and Discover. Except for Recurring Orders, credit and debit cards are not charged until we ship the item(s) to you. However, we may pre-authorize your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your credit card issuer for more information.
VALIDATING YOUR ORDER
After you place an order using our shopping cart, we will check the information you give us for validity by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address that you have provided us with the order. Your credit or debit card usually will not be charged if we reject an order, but we will process a refund if a charge is made against your card for an order that we have rejected.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right to limit or prohibit sales to dealers and resellers.
All sales made through the Website are subject to our return policy. Your complete satisfaction is our top priority. If you are not 100% satisfied with your purchase for any reason, we will gladly accept returns of packages within 30 days of the shipment date and issue a full refund.
We ship primarily via UPS, USPS, and other premium carriers to provide expedited service.
The following issues with orders may result in delayed shipping:
TRACKING YOUR ORDER
When your order ships, you will receive an e-mail that may contain shipping and tracking information.
FINDING YOUR PACKAGE
If you have been provided with tracking information for your order, the tracking information shows that the order has been delivered, and you cannot find the package, be sure to check everywhere that a carrier may leave a package for delivery. Occasionally, carriers leave deliveries with neighbors, building managers, or places like your porch, garage, or even behind bushes. If there is no tracking information or the tracking information shows that the item was returned to us, please contact us by e-mail at email@example.com. We may have been provided the wrong shipping address, the driver may have unsuccessfully attempted delivery, or the carrier may have lost the package.
IF YOU'RE NOT HOME WHEN A PACKAGE IS DELIVERED
It's up to the driver's discretion whether to require a signature for delivery, drop the package off at your doorstep, or to leave it with a building manager or doorman. If the driver believes that it is best to obtain a signature, he or she will try multiple times to secure a signature. When a package is returned as "undeliverable," you should get a full refund unless it is determined that the order was improperly refused. Undeliverable orders will not be resent. You must place a new order to receive your items.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMMONWEALTH JOE LLC EXCEED $500.00. IN NO EVENT SHALL COMMONWEALTH JOE LLC OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS & CONDITIONS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNIFICATION.”
You agree to indemnify, defend and hold harmless Commonwealth Joe LLC, its officers, directors, employees, agents, licensors, suppliers and any third party information providers from and against all losses, expenses, damages and costs, including, but not limited to all attorneys’ fees charged to Commonwealth Joe LLC, resulting from any violation of these terms by you or any other person accessing the Website.
Should a conflict or contradiction exist between these Terms & Conditions and any others which relate specifically to a particular section of the Website, the specific terms relevant to that section shall prevail.
Any provision of the Terms & Conditions that is found to be unenforceable will not void nor affect other provisions of this agreement.
GOVERNING LAW & EXCLUSIVE VENUE
Any and all claims relating to or arising out of your use of the Website, including any services offered by or transactions consummated via the Website, shall be governed by the laws of the State of Delaware and litigated in the State of Delaware. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms & Conditions or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.
You may not assign these Terms & Conditions without the prior written approval of Commonwealth Joe LLC. Any purported assignment in violation of this section shall be void. Commonwealth Joe LLC reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or materials associated therewith. In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms & Conditions, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Commonwealth Joe LLC.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the Website. You may contact us at firstname.lastname@example.org.