By purchasing any products from Joe Bean, by using any of Joe Bean’s services, or by accessing any areas of the joebeanroasters.com website (the “Website”), you agree to be legally bound and to abide by the terms and conditions set forth below (these “Terms & Conditions”). You also agree that Joe Bean is not obligated to display any or all of these Terms & Conditions on transaction receipts, invoices or purchase orders.
The Website is owned and operated by Joe Bean Coffee, LLC, a New York (USA) limited liability company. Any references herein to “Joe Bean,” “Joe Bean Coffee,” “Joe Bean Coffee Roasters,” “joebeanroasters.com,” “we” or “us” in these Terms & Conditions shall be deemed to refer to, as applicable under the circumstances, joebeanroasters.com and/or Joe Bean Coffee, LLC.
These Terms & Conditions, together with your order information specifying product, quantity, or service pertinent to your purchase, comprise the entire agreement between you and Joe Bean and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
All references in these Terms & Conditions to “Joe Bean,” “joebeanroasters.com” and/or “the Website” shall be deemed to include both the Website and any and all social media pages (e.g., Facebook, Instagram, Twitter, LinkedIn, etc.) maintained from time to time by Joe Bean Coffee, LLC or its affiliates. When purchasing products and services from the Website, and when posting information to or otherwise communicating via that page or your own social media page, your activities online are subject to these Terms & Conditions, Terms of Service, User Agreement or other terms and conditions imposed by that social media website, which may contain terms and conditions different from these Terms & Conditions.
Our Products. Joe Bean offers a variety of coffee, and related products (“Products”), at retail and wholesale, through its stores, through the Website, and through social media pages maintained by Joe Bean from time to time, and elsewhere.
Pricing & Availability. All prices for Products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Domestic Use Only. Our Products are available to you only in the United States, its territories, and possessions, and Canada. You agree not to use or attempt to use our Products from outside these locations. If you use our Products from outside the United States of America you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of any content, information or materials available on the Website contrary to United States law is prohibited. Joe Bean may use technologies to verify your compliance.
Acceptance of Order. Your placement of an order does not necessarily assure that we will accept your order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting your order, we may require additional information if you have not provided all of the information required by us to complete your order. Once a properly completed order is received, authorization of your form of payment is received and we have accepted your order, we will promptly process your order.
Payment Terms. All amounts due for retail purchases of our Products are payable in full at the time of purchase. For wholesale and non-retail purchasers, all amounts due must be paid in full within fifteen (15) days from the date of shipment of the Products to you. Depending on the size of the order, Joe Bean reserves the right to require a down payment or full payment at the time of the purchase order. If payment is not received by the due date, the amount is considered past due. Past due payments may be subject to a service charge of one and one-half percent (1.5%) per month or the maximum amount allowed by law, whichever is less. Joe Bean accepts Visa, MasterCard, American Express, and Discover credit cards. By submitting your order with payment of such cards, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically. In the event you pay for Products by credit card and subsequently “charge back” your purchase through your merchant account provider, Joe Bean reserves the right to terminate these Terms & Conditions and all pending orders and transactions immediately in addition to any and all available remedies at law or in equity. In some instances, at Joe Bean’s sole discretion, payments may be made to Joe Bean by check or ACH with your name and bank imprinted on the check with the correct address. You agree to pay a $50.00 charge for each returned check and all collection costs, including attorney fees.
In-Store Pickup & Delivery. Depending on where you live, or whether your daily routine brings you near our roastery/coffee bar/store located at 565 Blossom Road, Suite E1, Rochester, NY 14610, it may be convenient for you to stop by and pickup your coffee. If you're ordering for pickup, our system sends an email notice when your order is available for pickup. Normal pickup hours are Monday – Saturday, 8 am to 4 pm. If you are a wholesale customer, your order is a case or more, and you live within a few miles of our roastery/coffee bar/store, we will usually be able to deliver to your front door the same day we roast for free. Sometimes, we have so many orders that delivery spills over into the next day, but we are almost always able to get coffee into customers hands the day it comes out of the roaster.
Shipping Terms & Policies. We endeavor to ship all orders for in-stock / freshly roasted Product items within three (3) business days. Our standard business hours are Monday through Friday, 8 a.m. to 5 p.m. Eastern Standard Time. Standard shipping of Products is via independent carrier not affiliated with, or controlled by, Joe Bean, and you should allow two (2) to eight (8) business days for standard delivery once an order has been shipped. Expedited shipping is also available upon request. All shipping charges are your responsibility, unless waived by Joe Bean. Shipping charges will be included on your invoice and can be viewed prior to finalizing your order. The shipping charge shown during the invoice or checkout process is subject to verification. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. Shipping charges are subject to change without notice. All orders are shipped FOB shipping point. Title to Products passes from Joe Bean to you upon shipment and we are not responsible for any shipping delays or problems once the Product has been shipped.
Risk of Loss. It is your responsibility to seek compensation from the carrier for damaged or missing freight. Joe Bean shall not be responsible for any refunds, claims or damages resulting from a delay in the delivery or failure to deliver which results from: governmental regulations and permitting, strike, lockouts, accident, fire, acts of God, or any other causes beyond the control of Joe Bean. All sales are final, and all moneys paid to Joe Bean are non-refundable and all amounts due and payable upon shipment or delivery to Joe Bean are deemed fully earned upon such shipment or delivery.
Cancellation, Modification, Returns & Exchanges. When you shop with us, we want you to be completely satisfied. You have the right to inspect perishable Products on arrival and return immediately if not satisfied for reasons within the control of Joe Bean. Due to the short life of seasonal related coffee beans, no returns will be accepted beyond five (5) business days after receipt of the Product and shall be deemed accepted by you. Any refund of an order after you accepted perishable Product is non-refundable. A 15% restocking fee will be charged if associated perishable Products are rejected and properly returned.
Assumption of Risk. You expressly agree that use of our Products is at your sole risk. Neither Joe Bean Coffee, LLC nor its affiliates nor any of their members, managers, officers, directors, employees, agents, third party content providers, merchants, advertisers, sponsors, or affiliates (collectively “Providers”), or the like, warrant that the Website will be uninterrupted or error free, nor do they make any warranty as to any Products, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website.
Your Account. When you make a purchase from the Website, you may create an account as part of the checkout process. You are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You further agree to accept responsibility for all purchases and activities that occur under your account.
Errors. We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Website is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. In the event of an error, whether on the Website, in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
Disclaimer of Warranties. JOE BEAN MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF ANY CONTENT MADE AVAILABLE ON THE WEBSITE. JOE BEAN DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE WEBSITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE, (B) THE PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT, MATERIALS, DATA OR INFORMATION OBTAINED BY YOU THROUGH JOE BEAN WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, CONTENT, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH JOE BEAN WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) JOE BEAN OR THE SERVER(S) THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL PRODUCTS AND ALL CONTENT AND INFORMATION MADE AVAILABLE ON THE WEBSITE ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY JOE BEAN COFFEE, LLC AND ITS AFFILIATES.
Limitation of Liability. IN NO EVENT SHALL JOE BEAN’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL JOE BEAN COFFEE, LLC OR ITS AFFILIATES BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH JOE BEAN, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, MATERIALS OR OTHER INFORMATION OBTAINED FROM OR THROUGH JOE BEAN, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF JOE BEAN OR ITS AFFILIATES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.)
Internet Delays. USE OF THE WEBSITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. JOE BEAN IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Trademarks & Service Marks. Joe Bean is a trademark of Joe Bean Coffee, LLC and/or its affiliates. All rights are reserved. These and other Joe Bean graphics, logos, service marks and trademarks of Joe Bean Coffee, LLC and its affiliates may not be used without the prior written consent of Joe Bean Coffee, LLC or its affiliates, as the case may be. All other trademarks, Product names, and company names and logos appearing on the Website or in any materials relating to our Products are the property of their respective owners.
Links to Third Party Sites. The Website may contain links to third party websites. These links are provided for convenience purposes and are not under the control of Joe Bean. If you choose to link to such third party websites, Joe Bean makes no warranties, either expressed or implied, concerning the content of such sites, including the operations, programming and conduct of transactions over such sites. Joe Bean does not warrant that such sites or content are free from any claims of copyright or other infringement or that such sites or content are devoid of viruses. Joe Bean disclaims all liability of any kind whatsoever arising out of your use of, or inability to use such third party web sites, the use of your information by such third parties, and the security of information you provide to such third parties.
Copyright and Limited License. Unless otherwise indicated, the Website and all content and other materials therein, including, without limitation, the Joe Bean logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Joe Bean or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, non-sublicensable license to access and use the Website and Site Materials for personal, informational and shopping purposes only. Such license is subject to these Terms & Conditions and does not include: (a) any resale or commercial use of the Website or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Site Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Site Materials other than for its intended purpose. Any use of the Website or Site Materials other than as specifically authorized herein, without the prior written permission of Joe Bean, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms & Conditions 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 or other right and any goodwill associated therewith.
Digital Millennium Copyright Act (“DMCA”) Notice.
If you believe any material available via the Website infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent at the following address: Tones Law Firm, PLLC, 1326 Winton Road N., Rochester, NY 14609, firstname.lastname@example.org
. Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. In accordance with the DMCA and other applicable law, Joe Bean has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Joe Bean may also, in its sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Site Materials. Joe Bean may provide third party content on the Website and links to web pages and content of third parties (collectively, “Third Party Site Materials”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Site Materials and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Joe Bean is not responsible or liable in any manner for any Third Party Site Materials and undertakes no responsibility to update or review such Third Party Site Materials. You agree to use such Third Party Site Materials contained therein at your own risk.
Advertisements and Promotions; Third Party Products and Services. Joe Bean may display advertisements and promotions from third parties on the Website or may otherwise provide information about or links to third party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Joe Bean is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Joe Bean advertisers or third party information on the Website.
Links to the Website. You are granted a limited, non-exclusive right to create text hyperlinks to the Website for noncommercial purposes, provided such links do not portray Joe Bean in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Joe Bean’s logo or other proprietary graphics to link to the Website without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Joe Bean trademark, logo or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Joe Bean or any third party. Joe Bean makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third party websites accessible via hyperlink or websites linking to the Website. Such sites are not under the control of Joe Bean and Joe Bean is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Joe Bean and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Joe Bean of any website or any information contained therein. When you visit other websites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website.
Submission of Ideas. You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Joe Bean, the Website and our Products (collectively, “Ideas”). Ideas, whether posted to the Website or provided to Joe Bean by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Joe Bean shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
Confidentiality. In the course of providing Products and information via the Website, Joe Bean will deliver to you content, materials and other information which is confidential, proprietary to Joe Bean, or which constitutes a “trade secret” of Joe Bean (“Confidential Information”). You agree that you will hold all Confidential Information in trust for Joe Bean, that you will not publish, disseminate or otherwise disclose Confidential Information to any person, firm or entity, and that you will not use Confidential Information to compete with Joe Bean or in any other way detrimental to Joe Bean. Without limiting the generality of the foregoing, “Confidential Information” includes any and all information relating to Joe Bean’s Products, information (whether in written or electronic form) delivered to you in the course of selling Products or rendering services to you, Site Materials, trade secrets, marketing and business plans, strategies, vendors, customers, management and personnel, but does not include information in the public domain other than by reason of a breach of this Agreement. In the event you receive a subpoena or court order to disclose any Confidential Information, you will deliver prompt written notice to Joe Bean and will co-operate with our attempts to obtain a protective order or other similar protection for the Confidential Information. This provision shall survive any termination for a period of five (5) years.
Termination of License to Use. Notwithstanding any of these Terms & Conditions, Joe Bean reserves the right, without notice and in its sole discretion, to terminate your license to use the Website and to block or prevent your future access to, and use of, the Website.
Usage by Children & Minors. The Website is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions.
Indemnification. You agree to defend, indemnify and hold harmless Joe Bean, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Website; (b) any Site Materials or Ideas you provide; (c) your violation of these Terms & Conditions; (d) your violation of any rights of another; or (e) your conduct in connection with the Website.
Applicable Law & Jurisdiction. These Terms & Conditions and the Website are created and controlled by Joe Bean Coffee, LLC, a limited liability company organized in the State of New York, U.S.A. As such, the laws of the State of New York, U.S.A. will govern these Terms & Conditions, without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts located within the County of Monroe, State of New York, U.S.A. for any litigation arising out of or relating to use of or purchase made through Joe Bean (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts located within the County of Monroe, State of New York, U.S.A., and agree not to plead or claim in any such court that such litigation brought therein has been brought in an inconvenient forum.
Modification of Terms & Conditions. Joe Bean may update these Terms & Conditions. Any change to these Terms & Conditions will be effective for all new orders placed after the change is published on the Website. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Joe Bean account or by placing a prominent notice on the Website. You are responsible for regularly reviewing these Terms & Conditions. Continued use of Joe Bean after any such changes shall constitute your irrevocable and unconditional consent to such changes.
Notices. Joe Bean may give notice by means of a general notice on the Website, or electronic mail to your e-mail address on record in Joe Bean’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Joe Bean’s records relating to our clients. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
Severability. The provisions of these Terms & Conditions are intended to be severable. If for any reason any provision of these Terms & Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
No Waiver by Failure to Enforce. The failure of Joe Bean to enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Joe Bean in writing.
Disclaimer of Association. No joint venture, partnership, employment, or agency relationship exists between you and Joe Bean as a result of these Terms & Conditions.