TERMS AND CONDITIONS OF USE
Please read these Terms and Conditions of Use (the "Agreement") carefully before using this website. By using any of Brew-tiful Coffee's websites including but not limited to the following (collectively, the "Brew-tiful Coffee Websites"), you agree to be bound by this Agreement: http://www.brew-tifulcoffee.com, https://www.facebook.com/brewtifulcoffeeofficial/, https://www.facebook.com/groups/brewtifulcoffeereps, https://www.affiliatly.com/af-1017902/affiliate.panel . If you do not agree to the terms and conditions of this Agreement, please do not use any of the BREW-tiful Coffee websites. A.S. Heaton LTD, d.b.a. Brew-tiful Coffee, is a limited liability company under the laws of the state of Ohio, U.S.A. (referred to herein as "Brew-tiful Coffee," "we," "us" and "our"), reserves the right to change this Agreement, in whole or in part, from time to time at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of this Agreement on the Brew-tiful Coffee websites. You should always check this Agreement prior to using the our websites. Your continued use of the Brew-tiful Coffee websites following the posting of changes to this Agreement will mean that you accept those changes.
For purposes of this Agreement, the following terms have the following meanings:
The "Brew-tiful Coffee Representative Agreement" means Brew-tiful Coffee's Independent Representative Contract, collectively with the Brew-tiful Reps Terms and Conditions attached to or accompanying such contract.
A "Brew-tiful Coffee Sales Representative (rep.)" is an individual (a) who has agreed, pursuant to the terms of an Brew-tiful Coffee Representative Agreement, to be a Brew-tiful Coffee independent rep, (b) who remains an active Brew-tiful Coffee independent representative in good standing, and (c) whose Contract or status as a Brew-tiful Coffee independent Sales Representative has not been terminated.
If you are a Brew-tiful Coffee Independent Representative, you acknowledge and agree that your use of the Brew-tiful Coffee websites is subject not only to this Agreement, but also to the terms and conditions contained in your Representative Agreement (latest revision).
1. Brew-tiful Coffee Independent Sales Representatives (referred to herein as "rep")
Brew-tiful Coffee Reps are independent third party contractors of Brew-tiful Coffee and are not otherwise affiliated with Brew-tiful Coffee. Brew-tiful Coffee is not responsible or liable for the statements, acts or omissions of Brew-tiful Coffee Independent Sales Representatives, whether through or in connection with the Brew-tiful Coffee websites, "offline," or otherwise. Without limiting the foregoing, you acknowledge and agree that Brew-tiful Coffee has no control over, and is not responsible or liable for, any text, images, or other information or materials posted by Brew-tiful Coffee Independent Sales Representatives to such personalized online sites or any customizations made by Brew-tiful Coffee Reps to such personalized online sites (such information, materials, and customizations, the "Brew-tiful Coffee Sales Rep's Content") or any materials communicated by an active or past Brew-tiful Coffee Independent Sales Representative to you. Brew-tiful Coffee has not taken any steps to confirm the accuracy or reliability of any Brew-tiful Coffee Sales Rep's Content or other materials communicated by an representative to you, and makes no representations or warranties as to the security of any communications between you and any Brew-tiful Coffee Sales Representative undertaken using Brew-tiful Coffee Independent Sales Representative's Content (for example, email links posted by reps).
2. Restricted Uses
The Brew-tiful Coffee websites are owned and operated by Brew-tiful Coffee. The contents of our websites are copyrighted under United States copyright laws. Except as stated herein, none of the material on the Brew-tiful Coffee websites may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. Subject to your compliance with this Agreement, and solely for as long as you are permitted by Brew-tiful Coffee to access and use our websites, you may not download or copy any materials from the Brew-tiful Coffee websites for your own personal or commercial use, and must abide by any copyright notice or other restrictions contained in or applicable to such materials, including any author attribution, copyright or trademark notice or restriction in any such material that you attempt to download. Use of the materials for any purpose, whether commercial or noncommercial, is a violation of Brew-tiful Coffee's copyright and other proprietary rights. Brew-tiful Coffee trademarks, trade names, service marks and logos appearing on the Brew-tiful Coffee's websites are proprietary trademarks of Brew-tiful Coffe. The use of any of our trademarks or any other content made available through our websites, except as expressly provided in this Agreement, is strictly prohibited.
3. Information Submitted Through the Brew-tiful Coffee website
Your submission of information through the Brew-tiful Coffee website is governed by Brew-tiful Coffee's Privacy Statement (the "Privacy Statement"), and this Agreement incorporates by reference the terms and conditions of the Privacy Statement. You represent and warrant that any information you provide in connection with your use of the Brew-tiful Coffee website is true, accurate and complete, and that you will maintain and update such information as needed, such that the information remains true, accurate and complete.
4. Registration; User Names and Passwords
You may be required to register with Brew-tiful Coffee in order to access certain areas of the website, for example, to purchase products or otherwise initiate Transactions (as defined below). With respect to any such registration, we may refuse to grant you, and you may not use, a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Brew-tiful Coffee websites, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Brew-tiful Coffee websites, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with our websites that occur in connection with your user name. You agree to immediately notify Brew-tiful Coffee of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the websites, and to ensure that you "log off" and exit from your account with the Brew-tiful Coffee websites (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
5. Rules of Conduct
We expect users of the Brew-tiful Coffee websites to respect the law as well as the rights and dignity of others. While using our websites, you agree to comply with all applicable laws, rules and regulations. In addition, your use of the Brew-tiful Coffee website is conditioned on your compliance with the rules of conduct set forth in this section, and failure to comply with these rules of conduct may result in termination of your access to the Brew-tiful Coffee websites pursuant to Section 14 below.
6. Forums and Submissions
Brew-tiful Coffee may offer features through the website that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in Section 5 above apply to the Forums. Additionally, without Brew-tiful Coffee's express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other Brew-tiful Coffee website visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization.
When you submit or make available any information or materials through the Forums or otherwise through any Brew-tiful Coffee website ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by Brew-tiful Coffee without restriction. You grant to Brew-tiful Coffee the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sub-licensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the Brew-tiful Coffee websites complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason. We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the Brew-tiful Coffee websites. The Forums include the opinions, statements and other content of third parties, including Brew-tiful Coffee Reps. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties (including reps) through the Forums or otherwise through the Brew-tiful Coffee websites are those of such third parties and not of Brew-tiful Coffee, and Brew-tiful Coffee does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the Brew-tiful Coffee website at any time if we deem removal to be warranted, misrepresented, false or outdated. Please understand that removal or editing of any Submission or other materials may not occur immediately. You acknowledge and agree that Brew-tiful Coffee has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the Brew-tiful Coffee websites. Participate AT YOUR OWN RISK.
7. Sweepstakes, Contests, and Similar Promotions
Any sweepstakes, contest, or similar promotion made available through any Brew-tiful Coffee websites may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions set forth herein. Brew-tiful Coffee urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.
8. Purchases and Other Transactions
9. Recurring Payments and Subscriptions
Brew-tiful Coffee offers select products on a subscription basis. Customers who purchase these types of products authorize Brewituful Coffee d.b.a. A.S. Heaton Ltd. to re-bill the provided credit card at the same retail price (or less if elligible for the 10% subscription discount) at the interval described in product decription. Customer agrees to notify BREW-tiful coffee of any changes to product choices, cancellations, change of shipping address or revision to credit card on file. Not responsible for lost subscriptions sent to the wrong address due to customer negligence. Payments are processed through Stripe payment gateway and we do not store any credit or debit card information on our servers. Please submit a Contact Request on the above site menu to change any existing subscriptions.
10. Intended Audience
Brew-tiful Coffee controls and operates the Brew-tiful Coffee websites from our home office the state of Ohio, U.S.A., and the websites are not intended to subject Brew-tiful Coffee to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, materials made available through our websites are presented solely for the purpose of providing services and promoting products available in the United States. Brew-tiful Coffee makes no representation or warranty that any our websites, in whole or in part, or any products, services, or materials made available through the Brew-tiful Coffee websites, are appropriate or available for use in other locations. Those who choose to access the Brew-tiful Coffee websites from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
11. Links to or From Other Sites
Except as otherwise expressly stated by Brew-tiful Coffe on a Brew-tiful Coffee website, Brew-tiful Coffee is not affiliated or associated with operators of any third party websites that link to or are linked from the Brew-tiful Coffee websites. Brew-tiful Coffee expressly disclaims any responsibility for the accuracy, content, or availability of information found on third party websites that link to or are linked from the Brew-tiful Coffee websites. We cannot ensure your satisfaction with any products or services that are available through any third party site that links to or is linked from the Brew-tiful Coffee websites because these third party sites are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party sites. We make no representations or warranties as to the security of any information (including without limitation credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party site or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Brew-tiful Coffee shall have the right, at any time and at its sole discretion, to block links to the Brew-tiful Coffee websites through technological or other means without prior notice.
12. Representative Code of Conduct
We expect Brew-tiful Coffee representatives to conduct themselves in a respectable manner in accordance with applicable local, state and federal laws in a public setting as well as any online social representation per their Representative Agreement. Reps should research local rules and regulations regarding buying/selling/sharing/making samples/ fundraisers/giveaways in the jurisdiction applicable to where they are conducting their business.
THE BREW-TIFUL COFFEE WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BREW-TIFUL COFFEE MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE BREW-TIFUL COFFEE WEBSITES. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. BREW-TIFUL COFFEE MAKES NO REPRESENTATION OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY BREW-TIFUL COFFEE SALES REPRESENTATIVE; (B) THAT THE BREW-TIFUL COFFEE WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO THE BREW-TIFUL COFFEE WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE BREW-TIFUL COFFEE WEBSITES OR THE SERVERS OR NETWORKS THROUGH WHICH THE BREW-TIFUL COFFEE WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the Brew-tiful Coffee websites and the hosts/servers from which the Brew-tiful Coffee websites are operated, the Brew-tiful Coffee websites may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Brew-tiful Coffee websites. If you become aware of any unauthorized third party alteration to the Brew-tiful Coffee websites, contact us at email@example.com with a description of the material(s) at issue and the URL or location on the applicable Brew-tiful Coffee website where such material(s) appear.
14. Limitation of Liability
IN NO EVENT SHALL BREW-TIFUL COFFEE, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE "BREW-TIFUL ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE BREW-TIFUL COFFEE WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE BREW-TIFUL COFFEE WEBSITES, OR (D) THE ACTS OR OMISSIONS OF BREW-TIFUL COFFEE INDEPENDENT SALES REPRESENTATIVES, IN EACH EVENT, EVEN IF BREW-TIFUL COFFEE OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. BREW-TIFUL COFFEE IS NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. BREW-TIFUL COFFEE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY BREW-TIFUL COFFEE INDEPENDENT REPRESENTATIVES), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT SHALL BREW-TIFUL COFFEE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE BREW-TIFUL COFFEE WEBSITES, OR YOUR USE OF OR INABILITY TO USE THE BREW-TIFUL COFFEE WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE SCENTSY WEBSITES.
You will indemnify and hold the Brew-tiful Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the "Claims"): (a) your use of, inability to use, or activities in connection with the Brew-tiful Coffee websites; (b) any violation of this Agreement or any other Brew-tiful Coffee terms, conditions or policies by you or through any account you may have with any Brew-tiful Coffee websites; (c) any Transaction; (d) any allegation that any Submission or other materials that you make available through the Brew-tiful Coffee websites infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or (e) your violation of any rights of any Brew-tiful Coffee visitor, user, or customer, or any other third party; and you agree to reimburse the Brew-tiful Coffee Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys' fees and court costs) as a result of any Claim(s).
16. Termination and Enforcement
This Agreement is effective until terminated by Brew-tiful Coffee. You agree that Brew-tiful Coffee, at its sole discretion, may terminate your access to or use of the Brew-tiful Coffee websites, at any time and for any reason, including without limitation if Brew-tiful Coffee believes that you have violated or acted inconsistently with the letter or spirit of this Agreement (including but not limited to your failure to comply with the rules of conduct set forth in Section 5 above). Upon any such termination, your right to use the Brew-tiful Coffee websites will immediately cease. You agree that any termination of your access to or use of the Brew-tiful Coffee websites may be effected without prior notice and that Brew-tiful Coffee may immediately deactivate or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Brew-tiful Coffee shall not be liable to you or any third party for any termination of your access to the Brew-tiful Coffee websites or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Brew-tiful Coffee reserves the right to takes steps that we believe are necessary or appropriate to enforce and/or verify compliance with this Agreement (including without limitation in connection with any legal process relating to your use of the Brew-tiful Coffee sebsites and/or a third party claim that your use of the Brew-tiful Coffee websites is unlawful or violates such third party's rights).
17. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on an Brew-tiful Coffee website infringe your copyright, you (or your agent) may send Brew-tiful Coffee a notice requesting that we remove the materials or block access to them. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send Brew-tiful Coffee a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to A.S. Heaton LTD., 5495 Beard Rd, Springfield Ohio 45502; tel: 937-342-3926; email: firstname.lastname@example.org. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two sites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Note that Brew-tiful Coffee does not endorse, support or approve any of the products or services listed at such site.
19. Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Brew-tiful Coffee websites, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210
20. Governing Law
This Agreement shall be governed by the laws of the state of Ohio, U.S.A. without regard to its conflicts of laws principles. You agree that any dispute or claim arising out of or relating to this Agreement shall be resolved only in the courts located in the state of Ohio, U.S.A. and you hereby consent and submit to the jurisdiction of such courts for the purposes of litigating any such dispute or claim.
If any provision of this Agreement shall be deemed to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Brew-tiful Coffee. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and Brew-tiful Coffee relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Brew-tiful Coffee relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) to any Brew-tiful Coffee website, by email, or by regular mail, at Brew-tiful Coffee's discretion. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.