TERMS AND CONDITIONS
Last updated: February 24, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.umblecoffee.com website (the “Service”) operated by Umble Coffee Company, LLC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you acknowledge that these Terms and Conditions are a valid a binding agreement, and you agree to be bound by these Terms and Conditions. If you disagree with any part of the Terms and Conditions then you do not have permission to and should not access the Service.
These terms include an Arbitration provision that governs any disputes between you and us. Unless you opt out, this provision will eliminate your right to a trial by jury and significantly affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Service.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
In the event you want to change or update payment information associated with your account, you can do so at any time by logging into your account and editing your payment information.
Pricing, Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and prices as well as to correct errors, inaccuracies, or omissions at any time without prior notice. All prices are shown in U.S. dollars. If we change the price associated with your coffee subscription, we will provide advance notice of such changes. The shipment of coffee, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies.
All of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order/subscription, to discontinue offering certain coffees or products without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes, free trials or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms and Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Accounts
In order to access and use certain areas or features of the Service, you will need to register for an account. Each registration is for a single user only.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
By creating an account and/or entering your information through the Service, you also consent to receive electronic communications from us (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
Subscriptions
WHEN YOU REGISTER FOR A COFFEE SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) UMBLE COFFEE CO (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU AT INTERVALS CONSISTENT WITH YOUR SELECTED DELIVERY FREQUENCY FOR YOUR COFFEE SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR COFFEE SUBSCRIPTION CONTINUES, AND (B) YOUR COFFEE SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. Please see the FAQs section of our website for details on how to change, skip, or cancel your coffee subscription deliveries.
Coffee Subscription Modifications and Cancellations. YOU MAY MODIFY OR CANCEL YOUR COFFEE SUBSCRIPTION AS SET FORTH IN THE FAQs SECTION OF OUR WEBSITE. MODIFICATIONS OR CANCELLATIONS MAY TAKE UP TO THREE BUSINESS DAYS TO BE PROCESSED. ANY COFFEE ORDER THAT IS FULFILLED AND SHIPPED PRIOR TO THE PROCESSING OF ANY ORDER CHANGE CANNOT BE CANCELLED, AND YOU WILL BE RESPONSIBLE FOR ALL CHARGES (INCLUDING ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED FOR DELIVERIES THAT OCCURED PRIOR TO THE TIME IN WHICH THE MODIFICATION OR CANCELLATION OF YOUR COFFEE SUBSCRIPTION HAS BEEN PROCESSED.
You must provide current, complete and accurate information for your payment method. You must promptly notify us if the information you provided is no longer accurate. We reserve the right to pause your coffee subscription until your payment information is up to date.
In the event you cancel your Coffee Subscription, please note that we may still send you promotional communications about Umble Coffee Co, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Payment Processing
All payment processing shall be done by and through Stripe, Inc. (“Stripe”) on the anniversary of the selected frequency of coffee subscription (e.g. if you chose a monthly delivery, payment shall be processed on the one-month anniversary in perpetuity, until you modify the frequency or pause or cancel your coffee subscription). To use Stripe’s services, and in turn the Service, you must enter into and accept the terms and conditions of the Stripe Connected Account Agreement, located at www.stripe.com/connect/account-terms, and the Stripe Terms of Service, located at www.stripe.com/terms (collectively referred to as the “Stripe Services Agreement”). By accepting this Agreement, you hereby acknowledge and agree to be bound by the Stripe Services Agreement, as may be amended from time to time. As a condition of this Agreement, you agree to provide Umble Coffee Co with accurate and complete information about yourself. You hereby authorize Umble Coffee Co to share with Stripe any transactional information related to and associated to the use of the payment processing services. Umble Coffee Co is not a party to the Stripe Services Agreement, and as such Umble Coffee Co has no obligations or liability to you under said Stripe Services Agreements. If you have any questions regarding payment processing, you should contact Stripe directly.
Shipping, Handling and Deliveries
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third-party courier. Actual delivery dates may vary. All products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such products passes to you upon our delivery of the product to the third party courier. You are responsible for inspecting all products you receive from us for any damage or other issues upon delivery.
Recalls
Umble Coffee Co may terminate any outstanding product orders and recall products if (i) there is credible evidence that a product or portion thereof fails to meet our quality assurances; (ii) conditions exist which make the product or its processing suspect of posing a substantial health risk, contamination or any other kind of danger to you; or (iii) for any other reason as so deemed by us.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Umble Coffee Company, LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Umble Coffee Company, LLC.
Digital Millenium Copyright Act (“DMCA”) Notice
If you believe any material available via the Services infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Umble Coffee Co
Inquiries
6914 MS HWY 389
Starkville, MS 39759
support@umblecoffee.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, we have also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Acceptable Use
Your use of the Services is limited to the functionality of the Services. In no event may the Services be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by the Services, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access the Services that is not authorized by us; (f) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the Services; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to our computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair our servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms. We reserve the right, in our sole discretion, to terminate your participation in the Services, or assert legal action with respect to use of the Services, that we reasonably believe is or might be in violation of these Terms, or our policies. Our failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.
Links To Our Services
You are granted a limited, non-exclusive right to create text hyperlinks to the Services for noncommercial purposes, provided such links do not portray us in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use our logo or other proprietary graphics to link to our Sites without our express written permission. We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of websites linking to the Services. Such sites are not under our control, and we are not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Umble Coffee Company, LLC
Umble Coffee Company, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Umble Coffee Company, LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
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.
Indemnification
You agree to defend, indemnify and hold harmless Umble Coffee Company, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Umble Coffee Company, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Umble Coffee Company, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Submission of Ideas
At any time, you may submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about us, our Services and our products (collectively, “Feedback”). The Feedback you submit is voluntary, non-confidential, gratuitous and non-committal. Please do not send us Feedback if you expect to own or claim rights to it. Of note, we may have already had the same or similar idea and we do not want disputes. You must also inform us if you have a pending or registered patent relative to the Feedback. You represent and warrant that your Feedback is not subject to any confidentiality obligations or third party intellectual property encumbrances. You also confirm that you have the rights to the Feedback and have the authority to grant these rights to us.
By submitting your Feedback, you grant us a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Feedback, you hereby release us from any claims that such use violates any of your rights. We shall own exclusive rights, including all intellectual property rights, to any work created from the Feedback or a similar idea of our own.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Arbitration
Of note: Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Terms.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Terms, your use of the Services, and your relationship with us. Any dispute or claim will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you downloaded, installed, accessed or used the Services (“Deadline”) after these Terms have gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Umble Coffee Co, Attn: Legal Department, 6914 MS HWY 389, Starkville, MS 39759. Any opt-out received after the Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court as noted above.
For all disputes, whether pursued in court or arbitration, you must first send an email or written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. We would like to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within 60 days of our initial receipt of your dispute.
The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Terms evidence a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Upon filing of the arbitration, each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. However, for claims under $10,000 as to which you provided notice and negotiated in good faith as required above before initiating arbitration, if the arbitrator finds you are the prevailing party in the arbitration, you will be entitled to a recovery of reasonable attorneys’ fees and costs. Except for claims determined to be frivolous, we agree not to seek an award of attorneys’ fees in arbitration even if an award is otherwise available under applicable law.
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
If the arbitration agreement is ever deemed unenforceable or void, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Oktibbeha County, Mississippi, United States of America, for the purposes of any legal action arising out of or related to the use of the Services or there Terms.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Oktibbeha County, Mississippi, United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
International Use
This Service is hosted in the United States and intended for use by residents of the United States of America only. All matters relating to the Service are governed exclusively by the laws the State of Mississippi in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Services is Umble Coffee Co, 6914 MS HWY 389, Starkville, MS 39759. To file a complaint regarding the Services or to receive further information regarding use of the Services, send a letter to the above address or contact us at https://www.umblecoffee.com/contact. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800-952-5210.
Contact Us
Any questions, complaints, or claims regarding the Services should be directed to:
Umble Coffee Co, Attn: Customer Care, 6914 MS HWY 389, Starkville, MS 39759 or contact us at https://www.umblecoffee.com/contact.
Final Note
This Privacy Policy is effective as of February 24, 2018.
Last updated: February 24, 2018.