Terms & Conditions
Effective Date: August 09, 2012; Last Updated January 4, 2018
Welcome to this website, which is owned and operated by Farmer Bros. Co., a Delaware corporation, and/or one of Farmer Bros. Co.’s subsidiaries and/or divisions, which are listed below (though subsidiaries and divisions are sometimes referred to separately, Farmer Bros. Co. and its subsidiaries and divisions are collectively referred to as “Farmer Bros. Co.,” “us,” “our” and/or “we”). These Terms and Conditions (these “Terms”) apply to your access to and use of one or more of the following websites:
- Farmer Bros. Co. website (http://www.farmerbros.com/)
- Farmer Bros. Co. Customer Portal (https://myaccount.farmerbros.com/)
- Farmer Bros. Co. E-Commerce website (http://www.farmerbrotherscoffee.com)
- China Mist website (http://www.chinamist.com/)
- Public Domain website (http://www.publicdomaincoffee.com/)
- West Coast Coffee website (http://www.westcoastcoffee.net/)
- Boyds brand E-commerce website (https://www.boydscoffeestore.com/)
Your use of the Site is governed by these Terms, regardless of how or why you access the Site, and these Terms constitute a legally-binding agreement between you and Farmer Bros. Co. These Terms apply only to your usage of the Site and do not apply to any of our offline transactions with you.
PLEASE READ these Terms before you use the Site. Your usage of the Site signifies that you have read and agree with all of these Terms, so please don’t use the Site if you don’t agree with any of them. If you are acting on behalf of an entity, you represent that you have full authority to bind your entity to these Terms. If you do not have such authority, do not use the Site. You acknowledge and agree these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Site), and you acknowledge your receipt of and the sufficiency of the consideration.
We reserve the right to update and revise the Site and these Terms at any time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure that you are aware of any changes. You can determine if these Terms have been revised since your last visit by referring to the effective date and last updated date at the top of these Terms. If changes are significant, we may, in our discretion, also notify you of such changes to these Terms by posting a notice on the home page of the Site and/or via the contact information you have provided to us, if any. Your use of the Site following such revision constitutes your acceptance of these Terms as amended or revised by us, and the revisions will apply to your use of the Site on and after the date on which we post the revised Terms to the Site.
We reserve the right, without notice and for any reason, to remove any content on or products offered through the Site; to modify, suspend, or discontinue the Site or any portion of the Site; and/or to deny the access of any user or users to all or any part of the Site. We shall not be liable to you or to any third-party for any modification, product change or discontinuance, or suspension or discontinuance of the Site.
The Site is controlled and operated from the United States, and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. We provide the Site for use only by U.S. residents. The Site may not be appropriate or available for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all of the provisions of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Use of the Site
Your use of the materials and information found on the Site is for informational and shopping purposes only. You agree that you will not distribute, publish, transmit, display, transfer, modify, or create derivative works from or exploit the contents of the Site in any way. You agree to indemnify, defend, and hold us harmless for, from, and against any and all claims, damages, liabilities, losses, judgments, attorneys’ fees, and expenses arising out of uses you may make of any material and information found on the Site. You acknowledge the unauthorized use of the contents of the Site could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief, without the necessity of proving monetary damages or posting a bond or other security.
Conduct on the Site
Users of the Site are expected to respect the rights and dignity of others. Specifically, you agree not to:
- Use the Site for any fraudulent or unlawful purpose or any purpose prohibited by these Terms.
- Impersonate any person or entity, create a false identity, falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make or have made, or otherwise mislead as to the origin of any material or information you submit.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of our networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, spyware, malware, or other computer code, file, or application that may be harmful or invasive or may or is actually intended to damage or overtake the operation of, or to monitor the usage of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site (including without limitation by defacing the Site or any part thereof).
- Violate the rights of any third party or breach any contract with or duty owed to any third party.
- Reproduce, copy, sell, resell, or otherwise exploit for any purposes, any portion of or access to the Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or its content.
- Remove any copyright, trademark, or other intellectual property rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without obtaining our prior written consent.
- Create a database by downloading and saving content from the Site.
- Attempt to gain unauthorized access to the Site or accounts other than your own. You may not obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Site. You may not attempt to defeat any security measures that we take to protect the Site.
- Use any manual or automatic site search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. Operators of search engines are hereby granted a limited permission to use retrieval applications to reproduce materials from the Site for the purpose of and only to the extent necessary for creating publicly available searchable indices of content on the Site and only in connection with each operator’s public online search service. We reserve the right to revoke this permission in whole or in part.
We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your usage of the Site to determine your compliance with these Terms.
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us through any suggestion or feedback page(s) on the Site or otherwise, you acknowledge and agree that: (i) your Contributions do not contain the confidential or proprietary information of you or any third party; (ii) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) we are entitled to, but under no obligation to, edit, translate, copy, use, publish, distribute, or otherwise disclose (without notice to you) such Contributions for any purpose, in any manner, and in any media, now known or hereafter developed; (iv) we may have something similar to the Contributions already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your Contributions; (v) you hereby assign all right, title, and interest in and to your Contributions (and all copyright, trademark, trade secret, and other intellectual property rights therein) to us; and (vi) you are not entitled to compensation of any kind for your Contributions.
Although we welcome and encourage feedback from our customers, the Site is not intended to replace our normal customer service channels.
You may need to register for an account (or you may have the option to register for an account) to use part(s) of the Site. When registering, you agree to provide current, complete, and accurate information. Our Intellectual Property Rights information that you provide to us in registering. Your username and password are for your personal use or internal business use only and should be kept confidential. You will be responsible for all usage of your username and password and activity that occurs under your username and password (whether with or without your knowledge), and you agree to promptly notify us of any unauthorized use of your username and password or your account on the Site. We will not be liable for any loss, damage, or liability that you may incur as a result of someone else using your username and password, either with or without your knowledge. You may be held liable for losses, damages, or liabilities incurred by us due to someone else using your username and password, either with or without your knowledge.
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date (including without limitation information relating to product descriptions, product availability, product pricing, promotions, and offers). We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We make no representation as to the completeness, accuracy, or timeliness of any information on the Site.
Our Intellectual Property Rights
We only grant you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the Site solely for your personal and/or internal business purposes, provided that you comply with these Terms. We and our respective licensors and suppliers, manufacturers and distributors exclusively own all rights, titles, and interests in and to the information and materials made available through the Site; the selection, arrangement, and presentation of all such information and material (including information in the china mist); the overall design, “look and feel,” color combinations, and other graphical elements of the Site; and all copyright, trademark, and other proprietary rights in and to the foregoing. Except as expressly authorized in advance by us, you agree not to reproduce, modify, translate into any other language, creative derivative works based on, reverse engineer, rent, lease, loan, sell, offer to sell, otherwise transfer, republish, display, distribute, or otherwise use all or any part of the Site or any information or materials made available through the Site.
Trademarks and service marks we use on the Site represent only some of the marks we currently own or have the right to use in the United States and/or in one or more other countries. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own and control other trademark rights in one or more countries. All rights not expressly granted are reserved. Your use of the marks displayed on the Site without our prior written consent is strictly prohibited.
All trademarks and service marks on the Site not owned by us are the property of their respective owners.
At times, we may advertise third-party promotions on our Site, which are offered by unrelated entities. Unless otherwise specifically indicated on our Site in connection with such a third-party promotion, we do not sponsor, endorse, or offer such promotions. Rather, by including such promotions on our Site, we simply provide an additional means for you to become aware of the third-party promotions, as a service to you. And, unless otherwise specifically indicated on our Site in connection with such a third-party promotion, we will not receive any compensation or other benefit from the inclusion of the promotion on our Site. By entering such a third-party promotion, you will provide your personal information to the promotion sponsor(s) and/or administrator(s) and not to us. By entering such a third-party promotion, you agree that we have no responsibility for, and you agree to release us and each of our affiliates, officers, directors, shareholders, members, employees, agents, and representatives from, any and all liability arising out of or relating to (i) the promotion; (ii) any express or implied representations made by the sponsor(s) and/or administrator(s) of the promotion; (iii) your submission of personal or other information to the promotion sponsor(s) and/or administrator(s); (iv) such sponsor(s), administrator(s), or any third party’s use of your information as a result of your submission of information as part of the promotion; (v) your receipt or use of third-party products or services or prizes obtained through the promotion; and/or (vi) your failure to receive products or services through the promotion. We reserve the right to remove any third-party promotion advertised on our Site at any time.
Limitations of Liability and Disclaimers
THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL GOODS, SERVICES, INFORMATION, AND MATERIALS MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE SITE WILL BE SECURE AND NOT INTERCEPTED. IF YOUR USE OF THE SITE OR THE MATERIAL CONTAINED ON THE SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, ENHANCED, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF (i) YOUR USE OF OR INABILITY TO USE THIS SITE; (ii) ANY INFORMATION OR MATERIALS OBTAINED ON OR THROUGH THE SITE; (iii) any third-party promotion advertised on our Site; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (i) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (ii) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS “LIMITATIONS OF LIABILITY AND DISCLAIMERS” SECTION OF THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU DIRECTLY TO US IN CONNECTION WITH THE EVENTS THAT GAVE RISE TO YOUR CLAIM; OR, IF YOU HAVE NOT PAID US ANYTHING IN CONNECTION WITH SUCH EVENTS, THEN OUR MAXIMUM LIABILITY TO YOU WILL BE USD 50.00. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
No statements, whether oral or written, made by any director, officer, MEMBER, employee, or agent of US or made on this site may be deemed as a representation or warranty on behalf of US in contradiction to any provision of these terms.
You expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
EXCEPT TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR SUCCESSORS AND ASSIGNS (AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS) HARMLESS FOR, FROM, AND AGAINST ALL CLAIMS, DEMANDS, CAUSES OF ACTION, ALLEGATIONS, DAMAGES, LIABILITIES, LOSSES, JUDGMENTS, AWARDS, FINES, AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) ARISING OUT OF (I) YOUR USE OF, OR ACTIVITIES IN CONNECTION WITH, THE SITE OR MATERIALS OR INFORMATION MADE AVAILABLE THROUGH THE SITE; (II) YOUR INFRINGEMENT, MISAPPROPRIATION, OR OTHER VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, RIGHTS OF PRIVACY, RIGHTS OF PUBLICITY, OR OTHER RIGHTS OF ANY THIRD PARTY THROUGH YOUR USE OF THE SITE; (III) YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION OR YOUR VIOLATION OF THESE TERMS OR BREACH OF YOUR REPRESENTATIONS OR WARRANTIES IN THESE TERMS; OR (IV) YOUR USER CONTENT (DEFINED BELOW), INCLUDING WITHOUT LIMITATION THE DISPLAY OF YOUR USER CONTENT ON THE SITE AND/OR OUR USE OF YOUR USER CONTENT AS AUTHORIZED IN THESE TERMS.
There is no guarantee that we will continue to offer or provide the Site, and we may simply suspend or discontinue the Site (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content or products from the Site or to modify the Site at any time. Unless prohibited by law, we may, at any time and for any reason and in addition to all other rights and remedies, terminate your access to or use of: (i) the Site, (ii) your username and password, and/or (iii) any files or information associated with your username and password. If we terminate your access to the Site, your username and password, and/or any files or information associated with your username and password, you will not have the right to bring claims against us or our affiliates with respect to such termination. We shall not be liable for any termination of your access to the Site or to any such information or files, and (except as may be required under applicable law) we shall not be required to make such information or files available to you after any such termination. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including without limitation our right to cooperate with any legal process relating to your use of the Site or any third-party claim that your use of the Site is unlawful or infringes a third party’s rights, or to enforce or defend our rights). Accessing the Site after such termination will constitute an act of trespass, among other potential claims.
Your Discontinued Use
You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site by you, even if you are no longer using the Site, whether voluntarily or because we terminated your access to the Site.
Content You Submit Using the Site Ownership of and Right to Use User Content
If you choose to post any information, content, or comments (collectively, “User Content”) to a blog, story posting, or any other portion of the Site where it is readily apparent that the User Content will be publicly available, you consent to our posting and collection of such User Content, and you grant us permission to use (and to allow third parties to use) such User Content in connection with the operation of the Site and our business generally, including without limitation, for our advertising and marketing purposes. You grant us the unrestricted, perpetual, worldwide, transferable, sublicensable, royalty-free, and fully-paid up non-exclusive right and license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and create derivative works based on your User Content; and to publish your name and city of residence in connection with your submitted User Content (though we are under no obligation to use your name or city of residence or to give you any attribution or credit for such User Content). You acknowledge and agree that we may use your User Content in any media, now known or hereafter developed. You will not be paid for our use of your User Content. We are under no obligation to post or use any User Content you provide, and we may remove any User Content at any time in our discretion. We do not claim ownership of your User Content, unless otherwise expressly provided on the Site. You acknowledge and agree that we may have something similar already under consideration or development, and we will own all right, title, and interest in and to what we create or develop without use of your User Content.
You acknowledge and agree that we shall have no responsibility or liability to you OR ANY THIRD PARTY for any use or misuse of your User Content by any other site user.
Conduct Relating to Your User Content
If you post User Content to areas of the Site where it is readily apparent that the User Content will be publicly available:
- You are solely responsible for the User Content you post. Upon your request, we may, but have no obligation to, remove User Content that you post, but copies of User Content that you posted may remain in our storage media. We retain the right to make archival and back-up copies of and to store User Content you post (and drafts of User Content that you never actually post), indefinitely. You agree, however, that we have no responsibility or liability for the deletion of or failure to store or transmit User Content.
- You must not post User Content for unlawful purposes or to promote illegal activities. If you do, your access to the Site may be suspended or terminated, and we may notify law enforcement authorities. See other requirements relating to your User Content above in the Section titled “Conduct on the Site.”
- You may not post User Content using any automated means.
- We may or may not pre-screen your User Content before it is posted, and we have the right, but not the obligation, in our discretion and without notice to you, to refuse to post your User Content.
- We are not obligated to monitor the User Content posted to the Site. We reserve the right, however, to decide what to post and whether to remove any posts, without notice or liability to the user who posted the User Content or any other user.
- All comments must relate in some way to the post, story, product, or service on which you are commenting.
- By posting, you represent and warrant that you have the right to share your User Content, and that our use of the User Content as allowed in these Terms and inclusion of the User Content on the Site, does not and will not infringe, misappropriate, or otherwise violate any third-party copyright, trademark, trade secret, and any other proprietary right, privacy right, right of publicity, or other third-party right. You shall be solely responsible and liable for any damages or harm resulting from your posting of User Content to the Site, and you agree to indemnify us according to Section entitled “Indemnity” above.
- User Content posted to the Site is the responsibility of the posting user. User Content may be offensive, harmful, inaccurate, deceptive, or otherwise inappropriate. The views and opinions expressed by users on the Site are not necessarily our views. We are not responsible for, we make no representations or warranties regarding, and we disclaim any and all responsibility and liability for the User Content. You acknowledge and agree that your reliance on User Content will be at your own risk.
- In the event that we refuse to post your User Content or remove your User Content for any reason, we reserve the right to disclose such User Content as necessary to satisfy any applicable law, regulation, or governmental request.
Copyright Infringement Policy
If you believe that your copyright has been infringed by content posted to the Site by Site users or if you believe that User Content you posted to the Site has been wrongly removed from the Site as a result of a third-party allegation of infringement, please refer to our Digital Millennium Copyright Act Policy (“DMCA Policy”) for information regarding how to file or respond to a notice of infringement. This DMCA Policy is incorporated into and made a part of these Terms by this reference, and your use of the Site constitutes your acknowledgement of and agreement to the DMCA Policy.
We will respond to notices of alleged copyright infringement that comply with the requirements set forth in this DMCA Policy. We do not act as an arbiter or judge of disputes about intellectual property rights. It is our policy to remove content posted by users on our https://www.chinamist.com website and future related websites(these websites shall be individually and collectively referred to in this DMCA Policy as the “Site”), which content we believe in good faith is infringing a third party’s copyright. By removing content, as a prudential matter, we are not endorsing or validating a claim of infringement. If we remove content from the Site, we will make a good-faith attempt to contact the party responsible for posting or displaying the content so such party may make a counter-notification as provided for below.
We have a Designated Agent to handle copyright infringement notices and counter-notifications:
Attn: DMCA Agent/Legal Department
Address: P.O. Box 77057, Fort Worth, TX 76177
Email: [email protected]
Phone: (877) 427-9880
If you believe your work has been displayed or otherwise used on the Site in a manner that infringes your copyright, you must provide written notification of such to our Designated Agent via mail and/or e-mail. Please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your copyright has been infringed by content on the Site. If you are unsure whether your copyright has been infringed, we recommend that you contact an attorney before sending notice to our Designated Agent.
Use this format for your written notification:
(a) Identify in sufficient detail your copyrighted work that you believe has been infringed by content on the Site;
(b) Identify the content on the Site that you claim infringes your copyright, describe how the content infringes your copyright, and describe each place where the content is located on the Site;
(c) Provide your full name, mailing address, telephone number, and e-mail address;
(d) Include a statement that, under the penalty of perjury, you have a good-faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) Include a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
(f) Sign the written notification physically or electronically.
In addition, it would help if you included a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that your work is protected by copyright and that you are the owner of that copyright or are authorized to act on behalf of the owner. If your notice contains the required information, and if we have a good-faith belief that the content is infringing your copyright, we will remove the content from the Site’s web page(s) that is(are) listed in your notice. Unless prohibited by law, we may provide all of the information in your notice (including without limitation your identifying information) to the user who posted the content.
The provider of affected content may make a counter notification by writing to our Designated Agent via mail and/or e-mail. If you make a counter notice, please note that you may be liable for damages, including without limitation attorneys’ fees and costs, if you materially misrepresent that your content is not infringing the copyright of a third party. If you are unsure whether your content infringes the copyright of a third party, we recommend that you contact an attorney before sending a counter notice to our Designated Agent. Use the following format for your written counter notification:
(a) Identify the content that has been removed, including a description of each page of the Site where the content was located before it was removed;
(b) Provide your full name, mailing address, telephone number, and e-mail address;
(c) Include a statement that, under the penalty of perjury, you have a good-faith belief that the content was removed as a result of mistake or misidentification of the content to be removed;
(d) Include a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, in the Federal District Courts of Texas, U.S.A., and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person; and
(e) Sign the written notification physically or electronically.
After reviewing your counter notice, we may, in our discretion, reinstate the content on the Site. In doing so, we are not making a determination as to whether any copyrights or other IP rights have or have not been infringed. Unless prohibited by law, we may provide all of the information in your counter notice (including without limitation your identifying information) to the party who complained of the infringement.
Notice of Repeat Infringement and Account Termination
We will, if appropriate, suspend or terminate repeat infringers’ access to the Site or ability to post content to the Site. If you believe a Site user is a repeat infringer, please follow the instructions above to notify our Designated Agent and provide sufficient information so we can verify that the user is a repeat infringer.
Governing Law; Dispute Resolution
You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms, your use of the Site, or your purchase of product through the Site) are governed by and shall be construed in accordance with the laws of the State of Texas, United States of America, without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Dallas, Texas, and waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree that any dispute arising between you and us under these Terms (including without limitation relating to your use of the Site or purchase of products through the Site) will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms (including without limitation relating to your use of the Site or purchase of products through the Site). You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against us arising out of or relating to these Terms, your use of the Site, or your purchase of products through the Site within one (1) year after such claim or cause of action arose, or forever be barred.
Information or Complaints
If you have any questions or complaints regarding the Site, please feel free to contact us via email at [email protected]. Email communications are not necessarily secure, so please do not include sensitive information in any email to us. You may also contact us at:China Mist
P.O. Box 77057, Fort Worth, TX 76177
California Consumer Rights Notice
Under California Civil Code Section 1789.3, Site users who are California residents are entitled to the following consumer rights notice: The provider of this Site and associated services is Coffee Bean International LLC, located at 9120 NE Alderwood Rd, Portland, OR 97220. As of the Last Updated Date of these Terms, no direct charges are imposed upon Site users for use of the Site (though users are charged for product purchases and associated shipping). If you are a California resident, you may report complaints with the services provided through this Site to or request information regarding the services from the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. We request that you first report complaints directly to us and try to resolve them with us before contacting the Complaint Assistance Unit.
Ability to Agree to these Terms; Intended Users
The Site is intended for adults only. By accessing or using the Site, you affirm that you (i) are eighteen (18) years old or older, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site and provide information through the Site (to purchase product from the Site, you must be at least eighteen (18) years old); (ii) are a United States resident; and (iii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms. We will not knowingly collect any Personally Identifiable Information from children under the age of thirteen (13) and will not knowingly contact children under the age of thirteen (13) for marketing purposes.
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 at: https://onguardonline.gov. We do not endorse any of the products or services listed at this site. Further, this notice shall not constitute an admission by us that any content on our Site is harmful to minors.
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