The following terms and conditions govern all use of the
stjohnscoffee.com website and all content, services and products
available at or through the website. The Website is owned and operated
by St. Johns Coffee Roasters. The Website is offered subject to your
acceptance without modification of all of the terms and conditions
contained herein and all other operating rules, policies (including,
procedures that may be published from time to time on this Site by St.
Johns Coffee Roasters (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access the Website or use any services. If these terms and
conditions are considered an offer by St. Johns Coffee Roasters,
acceptance is expressly limited to these terms. The Website is available
only to individuals who are at least 13 years old.
1. Your stjohnscoffee.com Account. You agree that you are liable for
purchases made through your stjohnscoffee.com Account and assume
responsibility for taking reasonable action to safeguard your account
information to prevent unauthorized purchases. You further agree to
notify St. Johns Coffee Roasters promptly should you become aware of any
actual or potential compromise of your Account information so that St.
Johns Coffee Roasters may take appropriate actions to safeguard St.
Johns Coffee Roasters’ legal interests.
2. Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available
through the websites and webpages to which stjohnscoffee.com links, and
that link to stjohnscoffee.com. St. Johns Coffee Roasters does not have
any control over those non-St. Johns Coffee Roasters websites and
webpages, and is not responsible for their contents or their use. By
linking to a non-St. Johns Coffee Roasters website or webpage, St. Johns
Coffee Roasters does not represent or imply that it endorses such
website or webpage. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. St.
Johns Coffee Roasters disclaims any responsibility for any harm
resulting from your use of non-St. Johns Coffee Roasters websites and
3. Copyright Infringement and DMCA Policy. As St. Johns Coffee Roasters
asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material
located on or linked to by stjohnscoffee.com violates your copyright,
you are encouraged to notify St. Johns Coffee Roasters in accordance
with St. Johns Coffee Roasters’ Digital Millennium Copyright Act
(”DMCA”) Policy. St. Johns Coffee Roasters will respond to all such
notices, including as required or appropriate by removing the infringing
material or disabling all links to the infringing material.
4. Intellectual Property. This Agreement does not transfer from St.
Johns Coffee Roasters to you any St. Johns Coffee Roasters or third
party intellectual property, and all right, title and interest in and to
such property will remain (as between the parties) solely with St.
Johns Coffee Roasters. St. Johns Coffee Roasters, stjohnscoffee.com, the
stjohnscoffee.com logo, and all other trademarks, service marks,
graphics and logos used in connection with stjohnscoffee.com, are
trademarks or registered trademarks of St. Johns Coffee Roasters or St.
Johns Coffee Roasters’ licensors. Other trademarks, service marks,
graphics, logos and images used in connection with the Website may be the
trademarks of other third parties. Your use of the Website grants you no
right or license to reproduce or otherwise use any St. Johns Coffee
Roasters or third-party trademarks.
5. Changes. St. Johns Coffee Roasters reserves the right, at its sole
discretion, to modify or replace any part of this Agreement. It is your
responsibility to check this Agreement periodically for changes. Your
continued use of or access to the Website following the posting of any
changes to this Agreement constitutes acceptance of those changes. St.
Johns Coffee Roasters may also, in the future, offer new services and/or
features through the Website. Such new features and/or services shall
be subject to the terms and conditions of this Agreement.
6. Termination. St. Johns Coffee Roasters may terminate your access to
all or any part of the Website at any time, with or without cause, with
or without notice, effective immediately. If you wish to terminate this
Agreement or your stjohnscoffee.com account (if you have one), you may
simply discontinue using the Website. All provisions of this Agreement
which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties. The Website is provided “as is”. St. Johns
Coffee Roasters and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without
limitation, the warranties of merchantability, fitness for a particular
purpose and non-infringement. Neither St. Johns Coffee Roasters nor its
suppliers and licensors, makes any warranty that the Website will be
error free or that access thereto will be continuous or uninterrupted.
8. Limitation of Liability. In no event will St. Johns Coffee Roasters,
or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict
liability or other legal or equitable theory for: (i) any special,
incidental or consequential damages; (ii) the cost of procurement or
substitute products or services; or (iii) for any amounts that exceed
the fees paid by you to St. Johns Coffee Roasters. St. Johns Coffee
Roasters shall have no liability for any failure or delay due to matters
beyond their reasonable control. The foregoing shall not apply to the
extent prohibited by applicable law.
9. Indemnification. You agree to indemnify and hold harmless St. Johns
Coffee Roasters, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys’ fees, arising out
of your use of the Website, including but not limited to out of your
violation this Agreement.
10. Miscellaneous. This Agreement constitutes the entire agreement
between St. Johns Coffee Roasters and you concerning the subject matter
hereof, and they may only be modified by a written amendment signed by
an authorized executive of St. Johns Coffee Roasters, or by the posting
by St. Johns Coffee Roasters of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access
to or use of the Website will be governed by the laws of the state of
Oregon, U.S.A., excluding its conflict of law provisions, and the proper
venue for any disputes arising out of or relating to any of the same
will be the state and federal courts located in Multnomah, Oregon.