The Coffee Garden (“The Coffee Garden, LLC”) owns and operates the Internet site located at http://www.theCoffeeGarden.com and blog and discussion boards on TheCoffeeGarden.com (collectively, the “Site”), located on servers in the United States. By accessing, browsing and/or using the pages in this Site, you agree to these terms and conditions (“Terms and Conditions”). This agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these Terms and Conditions, do not access, browse or use this Site.
Grant and Restrictions on Use
The materials published on this Site, and any other website owned, operated, licensed, or controlled by The Coffee Garden or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by The Coffee Garden or any of its relevant related, affiliated or subsidiary company or companies, as the case may be.
The Coffee Garden hereby grants you a limited license to use the Materials, features and services provided by The Coffee Garden on this Site, solely for your personal, non-commercial use, to post any idea (“Idea”), comment or other material, subject to these Terms and Conditions. All of the Materials available on this Site are proprietary and the subject of copyright and author’s rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property right.
Acceptable Use Policy
You are prohibited from transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”). You are also prohibited:
- from using the Site to send or post harassing, abusive, or threatening messages
- transmit through the Web Site any information, data, text, files, links, software, or other materials that The Coffee Garden considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our partners, customers or suppliers
- from attempting to conceal or misrepresent the identity of the sender or person submitting the information
- disrupting the normal flow of the Site, including any dialogue on the Site or otherwise act in a manner that negatively affects other participants
- from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content
- intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site
- posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming
- posting Submissions or using the Site in such a way that damages the image or rights of The Coffee Garden, other Users or third parties
- creating any frames at any other Sites pertaining to any portions of this Site.
You give The Coffee Garden a non-exclusive, free, worldwide license for the duration of the applicable author’s rights, to publish your remarks, ideas, graphics, photographs or other information communicated to The Coffee Garden through this Site (together, the "Submission"). In addition to the right to publish, The Coffee Garden is also granted under said license the following rights, without limitation:
- the right to reproduce
- the right to transfer, which includes the distribution via computer and networks
- the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part
- the right to update/upgrade by adding or removing
Do to the volume of responses, it is not possible for us to respond to or publish every Submission made to the Site. By making a Submission to the Site, you hereby represent and warrant that:
- you either own or control all of the rights to the content submitted
- you have obtained permission from the owner of the content to submit the information; and
Submission of Ideas
The submission of your Idea to The Coffee Garden is entirely voluntary, non-confidential, gratuitous and non-committal. You grant to The Coffee Garden and its designees a perpetual, irrevocable, non-exclusive fully-paid up and royalty-free license to use any ideas, expression of ideas or other materials you submit TheCoffeeGarden.com without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Idea, and all rights therein, in the name of The Coffee Garden, or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You understand that The Coffee Garden may be working on the same or a similar Idea, that it may already know of such Idea from other sources, that it may simply wish to develop this (or a similar Idea) on its own or it may have taken/will take some other action. In return for The Coffee Garden review and consideration of your Idea, you acknowledge that you have read, understand and agree to the terms enumerated below, and further agree that these terms shall apply to any additional material previously or later submitted, until such time as The Coffee Garden otherwise agrees in writing:
To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to The Coffee Garden and in doing so or The Coffee Garden review and/or use of the Idea, will not infringe upon any other individual’s or entity’s whose rights.
You understand that disclosure of your Idea to The Coffee Garden does not establish a confidential relationship or obligate The Coffee Garden to treat the Idea (or any related materials) as secret or confidential.
You understand that The Coffee Garden has no obligation, either express or implied, to develop or use your idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that The Coffee Garden assumes no obligation with respect to any Idea unless and until The Coffee Garden enters into a written contract with you, and then only as expressed in that contract. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to The Coffee Garden. To the extent you hold a patent in the Idea, The Coffee Garden acknowledges that no license under any patent is herein granted to The Coffee Garden. Any license to use a patented Idea shall be in the form of a written contract, in which event The Coffee Garden obligations shall be only those expressed in such contract.
The Coffee Garden will give your Idea such consideration as is warranted by its sole judgment. The Coffee Garden review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. The Coffee Garden is not obligated to give reasons for rejecting your Idea or to reveal The Coffee Garden activities that are related to the subject matter of the submitted Idea.
Neither the discussion or negotiations between The Coffee Garden and you relating to the possible purchase or license of the Idea, nor the making of any offer for the purchase or license of the Idea, shall prejudice The Coffee Garden in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, The Coffee Garden consideration or its discussions or negotiations with you will not in any way impair The Coffee Garden right to contest the validity or infringement of your rights.
You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of my Idea to The Coffee Garden is entirely voluntary, and (c) The Coffee Garden, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.
You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and The Coffee Garden, you hereby irrevocably release and forever discharge The Coffee Garden and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against The Coffee Garden and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how The Coffee Garden and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.
Access to Site
The materials and information on this Site may include technical inaccuracies or typographical errors. The Coffee Garden may make changes or improvements at any time without notice. The materials, information and services on this Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, The Coffee Garden provides this Site on the basis that The Coffee Garden excludes all representations, warranties, conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to the Site.
To the maximum extent permitted by applicable law, The Coffee Garden, any other party (whether or not involved in creating, producing, maintaining or delivering the Site) and the officers, directors, employees, shareholders or agents of The Coffee Garden exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort (including without limitation negligence, contract or otherwise) in connection with the Site in any way or in connection with the use, inability to use, or the results of use of the site, any websites linked to the Ste, or the material on such websites, including but not limited to loss or damage due to viruses that affect your computer equipment, software, data or other property on account of your access to, use of or browsing the Site or your downloading of any material from the Site or any website linked to the Site.
Nothing in these Terms and Conditions shall exclude or limit The Coffee Garden liability for (i) fraud; willful misconduct or gross negligence; (ii) death or personal injury caused by its negligence; or (iii) any liability which cannot be excluded or limited by law.
The Coffee Garden and the The Coffee Garden logo are registered trademarks of The Coffee Garden U.S. Brands, LLC under license to The Coffee Garden in the United States, and of The Coffee Garden in other countries. All other The Coffee Garden trademarks, service marks, domain names, logos and company names referred to on this Site are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of The Coffee Garden or its affiliates or licensors. In countries where any of the The Coffee Garden trademarks, service marks, domain names, logos and company names are not registered, The Coffee Garden claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on this Site may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of The Coffee Garden or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo or company name. You may contact The Coffee Garden by sending an email to firstname.lastname@example.org, or writing to The Coffee Garden at 2904 Franklin Blvd. Sacramento CA 95818 USA, to request written permission to use Materials on this Site for purposes other than stated in these Terms and Conditions or for all other questions relating to this Site.
Jurisdiction and Compliance with Laws
Access to and use of this Site and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of Washington, U.S.A. Any legal action or proceeding relating to your access to, or use of the Site or these Terms and Conditions shall be instituted only in a state or federal court located in the State of Washington, U.S.A. You and The Coffee Garden agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
This Site may include forward-looking statements. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words such as “believes,” “expects,” “anticipates,” “estimates,” “intends,” “plans,” “seeks” or words of similar meaning, or future or conditional verbs, such as “will,” “should,” “could” or “may.” A forward-looking statement is neither a prediction nor a guarantee of future events or circumstances, and those future events or circumstances may not occur.
In the event you browse, access or use another Site hosted by The Coffee Garden or its affiliates, you may be subject to alternative terms and conditions of use, as may be specified on such Site. In such event, the terms and conditions of use applicable to that Site will govern your use of the Site.
Digital Millennium Copyright Act (“DMCA”) Notice.
In operating the Site, The Coffee Garden may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third-party websites. As a result, third-party materials that The Coffee Garden does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. The Coffee Garden has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. The Coffee Garden has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of The Coffee Garden or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms. If you believe any material available via the Site infringes a copyright, you should notify The Coffee Garden using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). The Coffee Garden will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. The Coffee Garden designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is Customer Care, The Coffee Garden 2904 Franklin Blvd. Sacramento CA 95818 USA (206) 800-235-2883. email@example.com
Please provide the following notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed
- Identify the material on the Site that you claim is infringing, with enough detail so that The Coffee Garden may locate it on the Site
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law
- A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner
- Your address, telephone number, and email address; and Your physical or electronic signature.
The Coffee Garden may give notice to its users of any infringement notice by means of a general notice on any of its websites, electronic mail to a user's email address in its records, or by written communication sent by first-class mail to a user's physical address in its records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Modifications to Terms and Conditions
The Coffee Garden can revise these Terms and Conditions at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of this Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. These Terms and Conditions were last revised on March 19, 2008.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in this Site.
You may contact us at:
The Coffee Garden
2904 Franklin Blvd. S
Sacramento, CA 95818
This Site is owned and operated by:
The Coffee Garden, LLC
2904 Franklin Blvd. S
Sacramento, CA 95818