Terms of Service

Fresh Cup of Hope Coffee Co. Terms of Service Policy

Below is a description of the Fresh Cup of Hope Coffee Co. website Terms of Use outlining your obligations when using the freshcupofhope.com website and shopping cart. These Terms of Use work in conjunction with our Privacy Policy. Please read the Terms of Use and Privacy Policy carefully before using the services or accessing this Site or accessing any content of this Site.

Introduction & Acceptance of Terms

Welcome to the Fresh Cup of Hope Coffee Co. website ("Site"), which is owned and operated by Fresh Cup of Hope Coffee Co., LLC. Fresh Cup of Hope Coffee Co., LLC maintains this Site as a service to its customers, subject to the following terms of use ("Terms of Use") concerning the use of this Site. Fresh Cup of Hope Coffee Co., LLC reserves the right to modify content on this Site and these Terms of Use periodically without any prior notice. Your use of this Site indicates your agreement to be bound by these Terms of Use and Privacy Policy. If you do not agree to be bound by the Terms of Use and Privacy Policy, promptly leave this Site. The Terms of Use were last updated on September 30, 2010.

Intellectual Property

All pages within this Site and any material made available for download are the property of Fresh Cup of Hope Coffee Co., LLC, its affiliates, partners, vendor and/or licensors. All content available on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (collectively, the "Content") is the property of Fresh Cup of Hope Coffee Co., LLC, our affiliates, partners, vendor and/or licensors, in the United States and other countries, and is protected by United States and international copyright laws.

The trademarks, logos, and service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered marks of Fresh Cup of Hope Coffee Co., LLC, our affiliates, partners vendor and/or licensors, in the United States and other countries, and are protected by United States and international trademark laws. Except as set forth in the Limited Licenses section below, or as required under applicable law, neither the Content or Trademarks nor any portion of the Site may be used, reproduced, published, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent from Fresh Cup of Hope Coffee Co., LLC.

For purposes of these Terms of Use, any use of these materials on any other Website is prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Fresh Cup of Hope Coffee Co. and Making a Difference One Cup at a Time and Fresh Cup of Hope Trademarks are trademarks, owned by Fresh Cup of Hope Coffee Co., LLC. Fresh Cup of Hope Coffee Co., LLC trademarks may not be used in connection with any product or service that is not Fresh Cup of Hope Coffee Co., in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Fresh Cup of Hope Coffee Co., LLC. All other trademarks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Fresh Cup of Hope Coffee Co., LLC does not make any claims to the marks of others which might appear on the Site. You gain no right to use any marks of Fresh Cup of Hope Coffee Co., LLC or any other entity by virtue of your use of this Site.

Limited Licenses

We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: any resale or commercial use of this Site or its Contents; any collection and use of any product listings, descriptions, or any prices; collect account information for the benefit of yourself or another party or merchant; any downloading or copying of account information for the benefit of another party or merchant; modify or download the Site or Content (except caching or as necessary to view the Site); make any use of the Site or Content other than personal use; create any derivative work based upon either the Site or Content; use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. In addition you may not frame or utilize framing techniques to use, surround or enclose any Fresh Cup of Hope's Coffee Co. name, trademarks, service marks, logo, or other proprietary information (including; images, text, page layout, or form) of Fresh Cup of Hope Coffee Co., and/or our affiliates or subsidiaries without Fresh Cup of Hope Coffee Co., LLC, express written consent. You may not use any meta tags or any other "hidden text" utilizing Fresh Cup of Hope Coffee Co., LLC, name or trademarks without the express written consent of Fresh Cup of Hope Coffee Co., LLC. As a condition of your use of this Website, you warrant to Fresh Cup of Hope Coffee Co., LLC that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Any rights not expressly granted by these Terms and Use or any applicable end user license agreements are reserved by Fresh Cup of Hope Coffee Co., LLC.

Visitor Submissions, Confidential & Proprietary Information

Please refer to our Privacy Policy for an explanation of how we collect, maintain and use confidential and proprietary information from visitors to and users of our Site. By accessing, using or browsing this Site, you acknowledge and understand that you have read, understand, and agree to be bound by our Privacy Policy. If you do not agree with our Privacy Policy, do not use this Site. All remarks, suggestions and ideas, any inquiries, concepts, graphics, text, drawings, feedback, or other information (collectively, "Submissions") submitted or offered to Fresh Cup of Hope Coffee Co. will be treated as non-proprietary and non-confidential. In addition, all such Submissions on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site will forever be the property of Fresh Cup of Hope Coffee Co., LLC. Fresh Cup of Hope Coffee Co., LLC will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fresh Cup of Hope Coffee Co. products or operations. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us exclusive ownership, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, product, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that Fresh Cup of Hope Coffee Co., LLC is and shall be under no obligation to pay the user any compensation for any Submissions, respond to any user Submissions, return all or any part of your Submissions, respond to any user Submissions, and we may use your Submissions, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

You acknowledge that you are responsible for whatever material you submit, and you, not Fresh Cup of Hope Coffee Co., LLC, have full responsibility for the message, including its legality, reliability, appropriateness, originality, trademark, copyright, privacy or other personal or proprietary right(s). You agree not to try to access and not to access any information through the Site which does not pertain to you and which you are not properly authorized to receive. You agree that if you should access information about another individual or entity, or otherwise receive information you are not authorized to receive, or if you become aware that someone else has accessed or attempted to access information that person was not authorized to receive, you will immediately cease such unauthorized access, notify Fresh Cup of Hope Coffee Co., LLC of the unauthorized access, and assist Fresh Cup of Hope Coffee Co., LLC in identifying and correcting the circumstances which permitted such unauthorized access. You will keep confidential all information you receive concerning another individual or entity confidential, shall not use such information, shall return such information to Fresh Cup of Hope Coffee Co., LLC immediately, shall not transmit it to any other person or entity and shall not return it in any electronic or other form. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submissions.

Security

You may be required to enter a valid User I.D. and password ("Access Codes") to access certain areas of the Site or to purchase products. It is your sole responsibility to monitor and control use of these Access Codes for all purposes. You accept all responsibility for the security of your Access Codes, and utilization of the Site via the Access Codes. You agree that you shall be solely liable for all authorized and unauthorized access using the Access Codes. Do not disclose your Access Codes to anyone not authorized to act on your behalf. Fresh Cup of Hope Coffee Co., LLC cannot and will not be liable for any loss or damage arising from your failure to comply. Fresh Cup of Hope Coffee Co. does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. You agree that Fresh Cup of Hope Coffee Co., LLC shall not be liable for any costs or damages arising directly of indirectly from any such code. You assume total responsibility and risk for your use of the Site and of the internet. You assume total responsibility and risk for your use of this Site, any Site-related services, and hyperlinked websites. No oral or written information or advice given by Fresh Cup of Hope Coffee Co., LLC or Fresh Cup of Hope Coffee Co.'s, LLC authorized representatives shall create a warranty or in any way increase the scope of this warranty.

Limitation of Liability

Further, To The Fullest Extent Permitted By Law, Fresh Cup of Hope Coffee Co., LLC and its partners, affiliates, vendors and/or licensors and other third parties mentioned on this Site are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever under any circumstances for any of the following but not limited to: interruption of business; lost profits; lost data; access delays or access interruptions to the Site; data non-delivery, misdelivery, corruption, destruction or other modification; loss or damages of any sort incurred as a result of dealings with or the presence of off website links on the Site; computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites any inaccuracies or omissions in content or events beyond our reasonable control. This limitation applies (a) whether the alleged claims or damages are based on warranty, contract, tort, or any other legal theory and (b) regardless of whether or not Fresh Cup of Hope Coffee Co., LLC has been advised of the possibility of such damages. If you are dissatisfied with the Site, Site-related services, and/or hyperlinked websites, your remedy is to stop using the Site and/or those services. In no event shall our maximum aggregate liability exceed one hundred dollars ($100.00).

Representation, Accuracy and Integrity of Information

This Site, including any content or information contained within it, and any Site-related services, are provided "As Is," with all faults. Fresh Cup of Hope Coffee Co., LLC makes no representations or warranties of any kind, and specifically disclaims any such warranties, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It is possible that the Site could include typographical errors, inaccuracies or other errors. In addition Fresh Cup of Hope Coffee Co., LLC does not warrant that the Site will be uninterrupted or error-free, or that defects in the Site will be corrected. Fresh Cup of Hope Coffee Co., LLC specifically disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information obtained through the Site. Fresh Cup of Hope Coffee Co., LLC does not warrant the accuracy, completeness or timeliness of the information obtained through the Site. Information contained on the Site may be changed or updated without notice.

Indemnity

You agree to defend, indemnify and hold harmless Fresh Cup of Hope Coffee Co., LLC and their partners, vendors, affiliates, employees, shareholders, members, officers, directors, attorneys and agents ("Indemnities") against all claims, expenses, liabilities, losses, costs and damages, including reasonable attorney fees, that the Indemnities may incur in connection with your use of this Site or any linked website; resulting from content you supply; violation of the Terms of Use; or the infringement by you, or any third party using your account or Fresh Cup of Hope Coffee Co. user identity, of any intellectual property or other right of any person or entity. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorney fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Agreement

You acknowledge and agree that these Terms of Use, which include our Privacy Policy, constitute the complete and exclusive agreement between Fresh Cup of Hope Coffee Co., LLC and you concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

General

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site. Periodically, you should visit this page to review the current Terms of Use so you are aware of the terms you are bound to. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

If you have any questions about our Terms of Use at our website, please contact us at 941-926-6345 or at info@freshcupofhope.com

 

Fresh Cup of Hope Coffee Co. Privacy Policy

Fresh Cup of Hope Coffee Co. respects your privacy and is committed to protecting it. Fresh Cup of Hope Coffee Co., LLC is the sole owner of the information collected on this Site. We will not sell, share or rent this information to others in ways different from what is disclosed here.

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. Wherever we collect sensitive information (such as credit card data), the collected information is encrypted and transmitted to us in a secure way. If we have trouble processing an order, we'll use this information to contact you. Fresh Cup of Hope Coffee Co. may also collect information from users at different points on our website and may use this information for internal marketing and analysis, and legal requirements (i.e. responding to legal demands for information, enforcing Fresh Cup of Hope Coffee Co.'s use policies and for collection of amounts owed to Fresh Cup of Hope Coffee Co.) and as appropriate in situations Fresh Cup of Hope Coffee Co. reasonably considers to be emergencies involving personal safety. We may share aggregated demographic information with Fresh Cup of Hope Coffee Co. partners, wholesalers and vendors. This is not linked to any personal information that can identify any individual person.

This website is not intended to collect information about minors. Persons under age 18 should use this Site only with the supervision of a parent or guardian.

We take precautions to protect our users' information. When you submit sensitive information via the website, your information is protected both online and offline.

All of our users' information is restricted in our offices. Only employees who need the information to perform a specific job (for example, billing or shipping) are granted access to personally identifiable information.

If Fresh Cup of Hope Coffee Co. revises this privacy policy, changes will be posted so users are informed. Your continued viewing of or use of www.freshcupofhope.com following the posting of any changes to this Privacy Policy will signify your assent to any such changes or amendments.

If you have any questions about privacy at our website, please contact us at 941-926-6345 or at info@freshcupofhope.com

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