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Terms
of Use
Effective:
October 1, 2006
00 WELCOME
01 USAGE RESTRICTIONS, INTELLECTUAL
PROPERTY
02 USER COMMENTS, FEEDBACK,
POSTCARDS AND OTHER SUBMISSIONS
03 PRICING POLICY
04 COLORS
05 CORRECTION OF ERRORS
AND INACCURACIES
06 TYPOGRAPHICAL ERRORS
07 TERM; TERMINATION
08 NOTICE
09 ENFORCEMENT OF TERMS
AND CONDITIONS
10 USE OF SITE
11 INDEMNIFICATION
12 THIRD PARTY LINKS
13 DISCLAIMER
14 LIMITATION OF LIABILITY
15 APPLICABLE LAW
16 OUR ADDRESS
Welcome
to the JAMAICABLUEMOUNTAINCOFFEE.com Web Site (the "Site").
JAMAICA BLUE MOUNTAIN TRADERS, LLC�
is a registered trademark of JAMAICA BLUE MOUNTAIN TRADERS, LLC. JAMAICA BLUE MOUNTAIN TRADERS, LLC. provides the www.JAMAICABLUEMOUNTAINCOFFEE.com Site as a
service to its customers.
Please review the following basic
rules that govern your use of our Site (the "Agreement").
Please
note that your use of our Site constitutes your agreement to follow
and be bound by these terms.
If you do not agree to these
terms, please do not use this Site.
Although
you may "bookmark" a particular portion of this Site and
thereby
bypass this Agreement, your use of this Site still binds you to
the
terms. JAMAICA BLUE MOUNTAIN TRADERS, LLC reserves the right to update or
modify
these Terms and Conditions at any time without prior notice.
Your
use of the JAMAICABLUEMOUNTAINCOFFEE.com web site following any such changes
constitutes
your agreement to follow and be bound by the Terms and
Conditions
as changed. For this reason, we encourage you to review
these
Terms and Conditions whenever you use this web site.
All
of the content you see and hear on the JAMAICABLUEMOUNTAINCOFFEE.com web
site,
including, for example, all of the page headers, images,
illustrations,
graphics, audio clips, video clips, and text are subject
to
trademark, service mark, trade dress, copyright and/or other
intellectual
property rights or licenses held by JAMAICA BLUE MOUNTAIN TRADERS, LLC, one of its affiliates
or by third parties who have licensed
their materials to JAMAICA BLUE MOUNTAIN TRADERS, LLC.
The entire content of the
JAMAICABLUEMOUNTAINCOFFEE.com web site is copyrighted
as a collective work under
U.S. copyright laws, and coordination,
arrangement and enhancement of
the content.
The
content of the JAMAICABLUEMOUNTAINCOFFEE.com web site, and the site as a whole,
are intended solely for the personal, noncommercial
use by
the users of our site. You may download, print or store selected
portions of the content, provided you (1) only
use these
materials for your own personal, noncommercial use, (2) do not
copy or post the content on any network computer
or broadcast
the content in any media, and (3) do not modify or alter the content
in any way, or delete or change any
copyright or trademark
notice.
No
right, title or interest in any content or materials is transferred
to you as a result of any such activities.
JAMAICA BLUE MOUNTAIN TRADERS, LLC reserves
complete title and full intellectual property rights in any content
you download,
reproduce, print, redistribute or store from
this web site.
JAMAICA BLUE MOUNTAIN TRADERS, LLC™
is a federally registered trademark.
Except as noted above,
you may not copy, download, reproduce, modify, publish, redistribute,
retransmit,
publicly display, publicly perform or create
derivative works from the content without first obtaining written
permission from the trademark owner JAMAICA BLUE MOUNTAIN TRADERS,
LLC. 2100 Northwest 94th Avenue, Miami, FL 33172.
All
comments, feedback, postcards,
suggestions, ideas, and other
submissions disclosed, submitted or
offered to JAMAICABLUEMOUNTAINCOFFEE.com
on or by this Site or otherwise
disclosed, submitted or offered
in connection with your use of this
Site (collectively, the
"Comments") shall be and remain JAMAICA BLUE MOUNTAIN TRADERS, LLC property. Such disclosure,
submission or offer of any
Comments shall constitute an assignment
to JAMAICA BLUE MOUNTAIN TRADERS, LLC of
all worldwide rights, titles and interests
and shall not be limited in
any way in its use, commercial
or otherwise, of any Comments. Thus,
JAMAICA BLUE MOUNTAIN TRADERS, LLC will own
exclusively all such rights, titles
and interests and shall
not be limited in any way in its use,
commercial or otherwise,
of any Comments. JAMAICA BLUE MOUNTAIN TRADERS, LLC is
and shall be under no obligation
(1) to maintain any Comments in
confidence; (2) to pay to
user any compensation for any Comments; or
(3) to respond
to any user Comments.
Except
as otherwise provided elsewhere in this Agreement or on the Site,
anything that you submit or post to the Site and/or provide JAMAICABLUEMOUNTAINCOFFEE.com,
including without limitation, ideas, know-how, techniques, questions,
reviews, comments, and suggestions (collectively, "Submissions")
is and will be treated as nonconfidential and nonproprietary,
and JAMAICABLUEMOUNTAINCOFFEE.com shall have the royalty-free, worldwide, perpetual,
irrevocable and transferable right to use, copy, distribute, display,
publish, perform, sell, lease, transmit, adapt, create derivative
works from such Submissions by any means and in any form, and
to translate, modify, reverse-engineer, disassemble, or decompile
such Submissions. All Submissions shall automatically become the
sole and exclusive property of appos.com and shall not be returned
to you.
In addition to the rights applicable to any Submission, when you
post comments or reviews to the Site, you also grant JAMAICABLUEMOUNTAINCOFFEE.com
the right to use the name that you submit with any review, comment,
or other Content, if any, in connection with such review, comment,
or other content. You represent and warrant that you own or otherwise
control all of the rights to the reviews, comments and other Content
that you post on this Site and that use of your reviews, comments,
or other Content by JAMAICABLUEMOUNTAINCOFFEE.com will not infringe upon or
violate the rights of any third party. You shall not use a false
e mail address, pretend to be someone other than yourself or otherwise
mislead JAMAICABLUEMOUNTAINCOFFEE.com or third parties as to the origin of any
Submissions or Content. JAMAICABLUEMOUNTAINCOFFEE.com may, but shall not be
obligated to, remove or edit any Submissions (including comments
or reviews) for any reason.
You
agree that no Comments submitted by you to the Site will violate
any right of any third party,
including copyright, trademark,
privacy or other personal or proprietary rights(s).
You further
agree that no Comments submitted by you to the Site will be or
contain libelous or otherwise unlawful,
abusive or obscene
material. You are and shall remain solely responsible for the
content of any comments you make.
At
www.JAMAICABLUEMOUNTAINCOFFEE.com, our commitment is to offer convenience, service,
and product availability on-line at compelling prices
every
day, with certain limited time offerings of merchandise at promotional
prices.
While merchandise offered on-line at JAMAICABLUEMOUNTAINCOFFEE.com
will usually be priced the same as merchandise offered at our
affiliate JAMAICA BLUE MOUNTAIN TRADERS, LLC retail stores, in some cases, JAMAICA BLUE MOUNTAIN TRADERS, LLC
retail store partners may have different prices or promotional
events at different times.
We
have done our best to display as accurately
as possible the
colors of the products shown on the www.JAMAICABLUEMOUNTAINCOFFEE.com
web
site. However, because the colors you see will depend on your
monitor,
we cannot guarantee that your monitor's display of any color
will
be accurate.
The
information of the www.JAMAICABLUEMOUNTAINCOFFEE.com web
site
may contain typographical errors or inaccuracies and may not be
complete
or current. We therefore reserve the right to correct any
errors,
inaccuracies or omissions and to change and update information
at
any time without prior notice (including after you have submitted
your
order). Please note that such errors, inaccuracies or omissions
may
relate to product description, pricing and availability. We
apologize
for any inconvenience this may cause you. If you are not
fully
satisfied with your www.JAMAICABLUEMOUNTAINCOFFEE.com purchase
you may return
it with the original JAMAICABLUEMOUNTAINCOFFEE.com
packing receipt. Please see
our Return Policy.
In
the event an JAMAICABLUEMOUNTAINCOFFEE.com product is listed at an incorrect
price due to typographical error or systems
error, JAMAICABLUEMOUNTAINCOFFEE.com
shall have the right to refuse or cancel any orders placed for
product listed at the
incorrect price. JAMAICABLUEMOUNTAINCOFFEE.com shall
have the right to refuse or cancel any such orders whether or
not the
order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase
and
your order is canceled, JAMAICABLUEMOUNTAINCOFFEE.com shall issue a credit to
your credit card account in the amount of
the incorrect price.
These
terms and conditions are applicable to
you upon your accessing
the site/ or completing the registration or
shopping process.
These terms and conditions, or any of them, may be
terminated
by www.JAMAICABLUEMOUNTAINCOFFEE.com without notice at any time for any
reason.
The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation
of Liability, Indemnification and Miscellaneous, shall
survive
any termination.
JAMAICABLUEMOUNTAINCOFFEE.com
may deliver notice to you by means of electronic mail, a general
notice on the site, or by written
communication delivered
by first class U.S. mail to your address on record in JAMAICABLUEMOUNTAINCOFFEE.com
account information.
By
accessing and using the JAMAICABLUEMOUNTAINCOFFEE.com web site, you agree that
your access to and use of the JAMAICABLUEMOUNTAINCOFFEE.com web
site is
subject to these Terms and Conditions, as well as all applicable
laws, as governed and interpreted pursuant to the
laws of
the State of Pennsylvania, United States of America.
Harassment
in any manner or form of the site, including via e-mail and chat
or by obscene or abusive language is
strictly forbidden.
Impersonation of others, including an JAMAICA BLUE MOUNTAIN TRADERS, LLC or other licensed
employee,
host, or representative as well as other members
or visitors on the site is prohibited.
You may not upload
to, distribute, or otherwise publish through this site any content
which is libelous, defamatory,
obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise
objectionable which may
constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise
give rise to
liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others
to
join or become members of any other commercial online
service or organization.
You
agree to indemnify, defend, and hold harmless JAMAICA BLUE MOUNTAIN TRADERS, LLC., its officers, directors, employees, agents,
licensors
and suppliers (collectively the "Service Providers") from and
against all losses, expenses, damages
and costs, including
reasonable attorney's fees, resulting from any violation of these
terms and conditions or any
activity related to your account
(including negligent or wrongful conduct) by you or any other
person accessing the
site using your Internet account.
In
an attempt to provide increased value to our visitors, JAMAICA BLUE MOUNTAIN TRADERS, LLC
may choose various third-party
web sites to link to from
its own site. However, even if the third party is affiliated with
JAMAICA BLUE MOUNTAIN TRADERS, LLC,
JAMAICA BLUE MOUNTAIN TRADERS, LLC has no control over these linked
sites, all of which have separate privacy and data collection
practices, independent of JAMAICA BLUE MOUNTAIN TRADERS, LLC. JAMAICA BLUE MOUNTAIN TRADERS, LLC has no
responsibility or liability for these
independent policies
or actions and is not responsible for the privacy practices or
the content of such web sites.
These linked sites are only
for your convenience and therefore you access them at your own
risk.
None the less, JAMAICA BLUE MOUNTAIN TRADERS, LLC seeks to protect the integrity
of its web site and the links placed upon it
and therefore
requests any feedback on not only its site, but for sites it links
to as well (including if a specific
link does not work).
THIS
SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
WHETHER EXPRESS
OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, JAMAICA BLUE MOUNTAIN TRADERS, LLC
DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT.
JAMAICA BLUE MOUNTAIN TRADERS, LLC DOES NOT REPRESENT OR WARRANT THAT
THE FUNCTIONS
CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
THE DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER
THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
JAMAICA BLUE MOUNTAIN TRADERS, LLC DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE
IN TERMS
OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS,
RELIABILITY OR OTHERWISE.
THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
JAMAICA BLUE MOUNTAIN TRADERS, LLC. SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF,
OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS,
EVEN IF JAMAICA BLUE MOUNTAIN TRADERS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU.
15
APPLICABLE LAW
THIS SITE IS CREATED AND CONTROLLED BY JAMAICABLUEMOUNTAINCOFFEE.com IN THE
STATE OF FLORIDA, USA. AS SUCH, THE LAWS OF THE STATE OF FLORIDA
WILL GOVERN THESE DISCLAIMERS, TERMS, AND CONDITIONS, WITHOUT
GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS.
16
OUR ADDRESS
Please send any questions or comments (including all inquiries
unrelated to copyright infringement) regarding this Site to:
JAMAICABLUEMOUNTAINCOFFEE.com
c/o JAMAICA BLUE MOUNTAIN TRADERS, LLC.
2100 Northwest 94th Avenue
Miami, FL 33172
USA
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