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Terms & Conditions
Effective as of January 13, 2019
Welcome to our website and related interactive features, products, services, applications or downloads (collectively, the “Websites”), which are owned by Earthling Coffee + Espresso Coffee. These Terms of Service (“Terms”) apply to and govern our Websites that link to it, regardless of how you access or use them, including through mobile devices.
Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using these Websites, you agree to such terms and conditions.
USERS UNDER 18 YEARS OLD. The Websites are not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Websites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Websites. Without limiting the generality of the foregoing, you agree that you shall not use nor disclose to any other party in a manner not permitted by these Terms any personally identifiable information which you receive or which is made available from Earthling Coffee + Espresso in connection with these Terms or on the Websites. In addition, you also acknowledge and agree that use of the Internet and access to or transmissions or communications with the Website is solely at your own risk.
You agree that you will not use any robot, spider, scraper or other automated means to access the Websites for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Websites; or (iii) bypass any measures we may use to prevent or restrict access to any portion of the Websites or our computer systems. Any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate removal of your content from the Websites and termination of your access to the Websites.
COPYRIGHT, TRADEMARK, AND OWNERSHIP. All of the content displayed on the Websites, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Earthling Coffee + Espresso, its licensors, agents or its Content providers. All elements of the Websites, including, without limitation, the Websites’ general design, Earthling Coffee + Espresso’ trademarks, service marks, trade names (including the Earthling Coffee + Espresso’ name, logos, and the Websites’ design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Websites may only be used for the intended purpose for which they are being made available. Except as may be otherwise indicated on the Websites, you are authorized to view, play, print and download documents, audio and video found on our Websites for personal, informational, and non-commercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or Earthling Coffee + Espresso’ trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Websites, without Earthling Coffee + Espresso’ prior written consent. The use of Earthling Coffee + Espresso trademarks on any other website is not allowed without our prior express written permission. Earthling Coffee + Espresso prohibits the use of Earthling Coffee + Espresso trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance. The Websites, their Content and all related rights shall remain the exclusive property of Earthling Coffee + Espresso or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Websites.
FEEDBACK AND SUBMISSIONS. Earthling Coffee + Espresso welcomes your feedback and suggestions about Earthling Coffee + Espresso’s products or services or the Websites. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to Earthling Coffee + Espresso, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Earthling Coffee + Espresso and enable Earthling Coffee + Espresso to use such Feedback. Earthling Coffee + Espresso will not be liable for any use or disclosure of any Feedback.
You expressly grant Earthling Coffee + Espresso a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. This policy is intended to avoid the possibility of future misunderstandings if projects or ideas developed by Earthling Coffee + Espresso seem similar to ideas contained in your Feedback.
Earthling Coffee + Espresso does not encourage and strongly discourages any Feedback or other submissions that result from any activity that: (i) may create a risk of harm, loss, injury, emotional distress, death, disability, disfigurement, or illness to you, to any other person, or to any animal; (ii) may create a risk of any loss or damage to any person or property; or (iii) may constitute a crime or create civil liability. You agree that you have not and will not engage in any of the foregoing activities in connection with producing your submission. Without limiting the foregoing, you agree that in conjunction with your submission, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, and will not otherwise engage in any activity that may result in injury, death, property damage, or liability of any kind. Earthling Coffee + Espresso may reject or remove any submissions that Earthling Coffee + Espresso believes, in its sole discretion, include any inappropriate or prohibited material.
LINKS. Earthling Coffee + Espresso may provide links, in its sole discretion, to other websites solely as a convenience to you. These websites are maintained by third parties over which Earthling Coffee + Espresso exercises no control. Any activities you engage in involving third-party websites are subject to privacy policies, terms and conditions, and other rules issued by the operator of those websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located on or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our Websites, you do so entirely at your own risk.
Running or displaying these Websites, or any information or material displayed on these Websites, in frames or through similar means on another website without our prior written permission is prohibited.
ONLINE SALES. Earthling Coffee + Espresso provides online ordering services to users who are 18 years of age or older. Unless specifically agreed to by Earthling Coffee + Espresso, you may only purchase products and services for personal, non-commercial use, and Earthling Coffee + Espresso may refuse any order that it has cause to believe is for onward sale other than through distribution channels approved by Earthling Coffee + Espresso. Earthling Coffee + Espresso makes no representation or guarantees that products or services available on the Websites are appropriate or available for use in locations outside the United States. If you choose to access this Websites from locations outside of the territory, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Websites.
By submitting a completed order for Earthling Coffee + Espresso products and services (the “Goods”) you offer to purchase the Goods you select and submit to Earthling Coffee + Espresso through the online order form. Earthling Coffee + Espresso may accept your order by sending you an electronic order confirmation that your order has been accepted. Earthling Coffee + Espresso may reject your order in its sole discretion.
For all charges for any Goods sold on the Websites, Earthling Coffee + Espresso will bill your credit card or alternative payment method offered by Earthling Coffee + Espresso or our designated service providers. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Earthling Coffee + Espresso for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of these Websites and any and all fees charged to you by your financial institution related to the charges. Payment obligations are non-cancelable and fees paid are non-refundable. You shall provide Earthling Coffee + Espresso with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
PRODUCTS AND SPECIFICATIONS. Details of the Goods available for purchase are set out on the Websites. All prices are displayed and charged in US dollars. All applicable sales and other taxes are in addition to the sale price. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of Goods described or depicted on these Websites are subject to change at any time without notice.
Earthling Coffee + Espresso attempts to describe its Goods as accurately as possible. However, Earthling Coffee + Espresso does not warrant that descriptions of the Goods are accurate, complete, current, or error-free. All features, content, specifications, Goods, and prices described on the Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and provided for convenience purposes only. Packaging may vary from that shown. We make reasonable efforts to accurately display the attributes of our Goods, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your device will accurately display such colors.
The inclusion of any Goods on the Websites at a particular time does not imply or warrant that these Goods be available at any time, and we reserve the right, without prior notice, to limit the order quantity on any Goods and/or refuse service to any customer. Occasionally, the manufacture or distribution of certain Goods may be delayed for a number of reasons. In such an event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the Goods ordered will be used only in a lawful manner and in accordance with these terms.
DELIVERY. When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Websites. A delivery fee may apply to Goods delivered to you by Earthling Coffee + Espresso and by placing an order, you agree to pay such fee. All purchases from the Websites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Websites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. If delivery is available, Earthling Coffee + Espresso will estimate the time of delivery; however, Earthling Coffee + Espresso does not guarantee any particular delivery date and disclaims any liability for delays.
RETURNS. You may return Goods purchased from the Websites in the event that the Goods are defective, or for any reason, with 45 days of the date of your order. Earthling Coffee + Espresso will only accept returned Goods that are unworn, unwashed, unopened (if it is a food or beverage item), or defective. You are responsible for the shipping costs associated with any return. Earthling Coffee + Espresso only accepts returned Goods that comply with Earthling Coffee + Espresso’ return policy as detailed on these Websites.
REPRESENTATIONS AND WARRANTIES. You affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Websites; (iii) if necessary you have the written consent of each and every identifiable natural person to use such persons name or likeness in the manner contemplated by the Websites and these Terms, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by the terms and conditions of this agreement; (v) Earthling Coffee + Espresso’ use of any information you have submitted as contemplated by the Terms will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity (vi) you have not and will not engage in any of the prohibited activities or behaviors listed in the User Obligations section in the production of, your appearance in, or contribution(s) to your submissions to us or the Websites; and (vii) your submissions to us or the Websites do not contain: (a) material falsehoods or misrepresentations that could harm Earthling Coffee + Espresso or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
DISCLAIMERS. YOUR USE OF THESE WEBSITES IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITES OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM COMPUTER VIRUS, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITES AND OUR PRODUCTS AND SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITES OR ANY INFORMATION, PRODUCTS, OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITES OR ANY INFORMATION, PRODUCTS, OR SERVICES WE PROVIDE. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND NEITHER Earthling Coffee + Espresso NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THESE WEBSITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH COMPANY’S WEBSITE, PRODUCTS AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY. Earthling Coffee + Espresso DOES NOT ASSUME ANY RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR ANY VIRUS THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THESE WEBSITES, OR YOUR DOWNLOADING OF OR ACCESSING ANY MATERIALS FROM THE WEBSITES. IN NO EVENT WILL Earthling Coffee + Espresso, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THESE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT Earthling Coffee + Espresso SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, PRODUCTS, OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES OR THE CONTENT, PRODUCTS, OR SERVICES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITES. IN NO EVENT SHALL Earthling Coffee + Espresso’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE WEBSITES.
FORCE MAJEURE. Earthling Coffee + Espresso is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
INDEMNITY. You agree to defend, indemnify, and hold harmless Earthling Coffee + Espresso and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by you of these Terms.
GOVERNING LAW. Any claim arising out of or relating to the use of, these Websites and the materials contained herein is governed by the laws of the State of North Carolina, without regard to its choice of law provisions. You consent to the exclusive jurisdiction of the state and federal courts located in Buncombe County, Asheville. Any and all disputes directly or indirectly arising out of or related to the Terms or the Websites will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the Terms or the Websites must be commenced within one (1) year after the claim or cause of action arises.
A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Websites.
TERM AND TERMINATION. These Terms and your right to use the Website will take effect at the moment you install, access, or use the Websites. Moreover, any use of the Websites other than as specifically authorized herein, without the prior written consent of Earthling Coffee + Espresso, is strictly prohibited. Earthling Coffee + Espresso reserves the right, without notice and its sole discretion, to terminate your right to use the Websites and to block or prevent your future access to, and use of, the Websites. The provisions concerning Earthling Coffee + Espresso’s proprietary rights, feedback, indemnity, disclaimers of warranty, limitation of liability, and governing law will survive the termination of the Terms for any reason. Earthling Coffee + Espresso retains the right to change or discontinue the Websites or any feature of the Websites at any time.
SEVERABILITY. If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language.
CONTACT US. Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Website:
Earthling Coffee + Espresso
867 Smokey Park Highway
Asheville, NC 28728
All rights not granted herein are expressly reserved to Earthling Coffee + Espresso.