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Tiny Goat Coffee

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Terms & Conditions

  

IMPORTANT: These Terms of Use contain an arbitration  clause and class action waiver, which govern how disputes with Tiny Goat Small Batch Coffee Roasters will be resolved. These provisions affect your legal rights, so please read them, and these entire Terms of Use, carefully.

We built our website to share  information about our company and our coffees; to make available guides  that show you how to brew delicious coffee at home; to provide updates  related to our company; to allow you to purchase our coffees and other products and have them shipped directly to you.

Overview


The following terms govern your access to and use of the Services, including any content and services offered. By using our Services, you agree to these terms.

We may revise and update  these Terms from time to time. All changes are effective immediately  when we post them. Your continued use of our Services following the  posting of revised Terms means that you accept and agree to the changes.

Privacy


We value your privacy. Please review our Privacy Policy to  understand our privacy practices. All information you provide to us via  the Services is subject to our Privacy Policy.

Trademarks


The Tiny Goat Small Batch Coffee Roasters name and the Tiny Goat Small Batch Coffee Roasters logo are copyrighted trademarks of Tiny Goat Small Batch Coffee Roasters. You must not use these copyrights or  trademarks without our prior written permission. All other names, logos,  product and service names, designs and slogans that may appear on the  Services are the trademarks of their respective owners.

Other Intellectual Property Rights


The Services and their entire contents, features and  functionality (including but not limited to all information, software,  text, displays, images, video and audio, and the design, selection and  arrangement thereof) are owned by Tiny Goat Small Batch Coffee Roasters,  its licensors or other providers of such material and are protected by  U.S. and international copyright, trademark, patent, trade secret and  other intellectual property or proprietary rights laws.

These  terms permit you to use our Services for your personal, non-commercial  use only. You must not reproduce, distribute, modify, create derivative  works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Services, except as follows:

You may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your web browser for display enhancement purposes.

You  may print or download one copy of a reasonable number of pages of our Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Permitted and Prohibited Uses


You may use our Services only for lawful purposes and in  accordance with these Terms. You agree not to use our Services in any  way that violates any applicable federal, state, local or international  law or regulation (including, without limitation, any laws regarding the  export of data or software to and from the U.S. or other countries).  You also agree not to:

Use our Services in any manner that could disable, overburden, damage, or impair or interfere with any other  party's use of our Services.

Use any robot, spider or other automatic device, process or means to access our Services for any  purpose, including monitoring or copying any of the material on our  Services.

Use any device, software or routine that interferes with the proper working of our Services.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt  to gain unauthorized access to, interfere with, damage or disrupt any  parts of our Services, the server on which our Services are stored, or any server, computer or database connected to our Services.

Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of our Services.

Reliance on Services Information
 

The information presented on our Services is made available solely for general information purposes. We do not warrant the accuracy,  completeness or usefulness of this information. Any reliance you place  on such information is strictly at your own risk. We disclaim all  liability and responsibility arising from any reliance placed on such  materials by you or any other user, or by anyone who may be informed of  any of the Services’ contents.

Purchasing Our Products


You may only register for a Tiny Goat Small Batch Coffee Roasters  account and purchase our products if you are at least 18 years old.  When you register for an account, you represent that (1) you meet such  age requirement, (2) all of the information you provide is accurate, current and complete, (3) you will be solely responsible for all  transactions that take place using your account, and (4) you will be  solely responsible for maintaining the secrecy and security of your  account and password. We reserve the right to refuse service, terminate  your account or your participation in any rewards program offered, or  cancel your orders in our sole discretion, including, without  limitation, if we believe that your conduct violates applicable law or  is harmful to our interests.

Tiny Goat Small Batch Coffee Roasters does not itself process payment for any of our products or  services. To facilitate payment for our products and services via a  payment card, we use GoDaddy Payments, Inc. and its affiliates (“GoDaddy Payments”), a third-party payment processor. If you make a payment for  our products or services via a payment card, you may be subject to GoDaddy Payment's terms and conditions and other policies.


Changes to the Services


We may update the content on our Services from time to time, but  such content is not necessarily complete or up to date. Any of the  material on our Services may be out of date at any given time, and we are under no obligation to update such material.


Linking to the Services


You may link to our Services, provided you do so in a way that is  fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any  form of association, approval or endorsement on our part without our  express written consent.


Links from the Services


Any links from the Services to other sites and resources provided  by third parties are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no  responsibility for them or for any loss or damage that may arise from  your use of them. If you decide to access any of the third party sites  and resources linked to our Services, you do so entirely at your own  risk and subject to the terms and conditions of use for such sites and  resources.


Disclaimer of Warranties


You understand that we cannot and do not guarantee or warrant  that files available for downloading from the internet or the Services  will be free of viruses or other destructive code. You are responsible  for implementing sufficient procedures and checkpoints to satisfy your  particular requirements for anti-virus protection and accuracy of data  input and output, and for maintaining a means external to our Services  for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY  LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES  OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR  EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE  OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES  OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY LINKED  WEBSITE OR APP.

YOUR USE OF OUR SERVICES, THEIR CONTENT AND ANY  SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR  SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE  SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT  ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Tiny Goat  Small Batch Coffee Roasters NOR ANY PERSON ASSOCIATED WITH Tiny Goat  Small Batch Coffee Roasters MAKES ANY WARRANTY OR REPRESENTATION WITH  RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR  AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER  Tiny Goat Small Batch Coffee Roasters NOR ANYONE ASSOCIATED WITH Tiny  Goat Small Batch Coffee Roasters REPRESENTS OR WARRANTS THAT OUR  SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR  SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT  DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES  THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT  OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL  OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,  WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT  LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND  FITNESS FOR PARTICULAR PURPOSE.


Limitation on Liability


IN NO EVENT WILL Tiny Goat Small Batch Coffee Roasters, ITS  AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,  OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL  THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO  USE, OUR SERVICES, ANY LINKED WEBSITES LINKED, ANY CONTENT ON OUR  SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED  THROUGH OUR SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,  INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,  INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING,  EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS  OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND  WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR  OTHERWISE, EVEN IF FORESEEABLE.


Indemnification


You agree to defend, indemnify and hold harmless Tiny Goat Small  Batch Coffee Roasters, its affiliates, licensors and service providers,  and its and their respective officers, directors, employees,  contractors, agents, licensors, suppliers, successors and assigns from  and against any claims, liabilities, damages, judgments, awards, losses,  costs, expenses or fees (including reasonable attorneys' fees) arising  out of or relating to your violation of these Terms or your use of our  Services, including, but not limited to, any use of our content,  services and products other than as expressly authorized in these Terms or your use of any information obtained from our Services.


Proposition 65 Warning


The Safe Drinking Water and Toxic Enforcement Act of 1986,  popularly known as Proposition 65, is a California law intended to  protect California citizens from chemicals known to cause cancer or  birth defects or other reproductive harm and to inform citizens about  exposures to such chemicals. One such chemical is acrylamide, which may  be present in coffee, including the coffee sold by Tiny Goat Small Batch Coffee Roasters. Acrylamide is a naturally occurring byproduct formed  when certain sugars and an amino acid react to high temperatures, such  as when coffee is roasted. The U.S. Food and Drug Administration (FDA) has not determined that the low levels of acrylamide naturally found in  roasted coffee have any public health impact. Your personal cancer risk  is affected by a wide variety of factors. For more information on  acrylamide, please consult the FDA’s website at fda.gov. For more  information about both acrylamide and Proposition 65, please visit www.oehha.ca.gov/prop65.html.


Governing Law and Jurisdiction


All matters relating to our Services and these Terms and any  dispute or claim arising therefrom or related thereto (in each case,  including non-contractual disputes or claims) will be governed by and  construed in accordance with the laws of Florida, without giving effect  to any choice or conflict of law provision. Any legal suit, action or  proceeding arising out of, or related to, these Terms or our Services is  subject to the exclusive jurisdiction of the federal and state courts  located in Pinellas County, Florida. You waive any and all objections to  the exercise of jurisdiction over you by such courts and to venue in such courts.


Dispute Resolution and Binding Arbitration


Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

YOU  AND Tiny Goat Small Batch Coffee Roasters AGREE TO RESOLVE ANY CLAIM,  DISPUTE OR CONTROVERSY ARISING FROM OR RELATING IN ANY WAY TO YOUR USE  OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS THROUGH THE  SERVICES, EXCLUDING ANY CLAIM, DISPUTE OR CONTROVERSY THAT QUALIFIES FOR  SMALL CLAIMS COURT, EXCLUSIVELY AND FINALLY BY BINDING, BILATERAL ARBITRATION BEFORE A NEUTRAL ARBITRATOR RATHER THAN IN COURT BY A JUDGE  OR A JURY.

This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute,  regulation, or legal or equitable theory.


Arbitration Rules:


The arbitration will be administered by the American Arbitration  Association ("AAA") in accordance with the Consumer Arbitration Rules  (the "AAA Rules") then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and  enforcement of this section. The arbitrator will have exclusive  authority to resolve any dispute relating to arbitrability and/or  enforceability of this arbitration provision, including any  unconscionability challenge or any other challenge that the arbitration  provision or the agreement is void, voidable or otherwise invalid. The  arbitrator will be empowered to grant whatever relief would be available  in court under law or in equity. Any award of the arbitrator(s) will be  final and binding on each of the parties, and may be entered as a  judgment in any court of competent jurisdiction. If you prevail on any  claim that affords the prevailing party attorneys’ fees, the arbitrator  may award reasonable fees to you under the standards for fee shifting  provided by law.


Small Claims Court:


You may elect to pursue your claim in small-claims court rather  than arbitration if you provide us with written notice of your intention  do so. The small-claims court proceeding will be limited solely to your  individual dispute or controversy.


Class Action Waiver:


You agree to an arbitration on an individual basis. In any  dispute, NEITHER YOU NOR Tiny Goat Small Batch Coffee Roasters WILL BE  ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN  COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS  REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.  The arbitral tribunal may not consolidate more than one person’s  claims, and may not otherwise preside over any form of a representative  or class proceeding. The arbitral tribunal has no power to consider the  enforceability of this class arbitration waiver and any challenge to the  class arbitration waiver may only be raised in a court of competent  jurisdiction. If any provision of this arbitration agreement is found  unenforceable, the unenforceable provision will be severed and the  remaining arbitration terms will be enforced.


Waiver and Severability


No waiver by Tiny Goat Small Batch Coffee Roasters of any term or  condition set forth in these Terms will be deemed a further or  continuing waiver of such term or condition or a waiver of any other  term or condition, and any failure of Tiny Goat Small Batch Coffee  Roasters to assert a right or provision under these Terms will not  constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent  jurisdiction to be invalid, illegal or unenforceable for any reason,  such provision will be eliminated or limited to the minimum extent such  that the remaining provisions of these terms will continue in full force  and effect.


Recurring Subscriptions


When starting a Tiny Goat Small Batch Coffee Roasters  subscription, you agree to be billed in a recurring fashion on a  per-order basis until your subscription is a) canceled or b) paused. If  paused, the subscription will remain paused until the requested resume  date or if a resume date is not specified, the subscription will remain  paused indefinitely.

Your subscription may be cancelled at any  time via our website, through the phone, or via email communication with  our customer support team. If cancelling via phone or email, please  contact us at least 72 hours before the date you are scheduled to be  charged next.

You will be charged the same amount for each order that is generated from your subscription unless configuration changes  are made to the subscription, or you cancel and then resume that  subscription.

The term of your subscription is continuous.


Entire Agreement


These Terms and our Privacy Policy constitute the sole and entire  agreement between you and Tiny Goat Small Batch Coffee Roasters with respect to our Services and supersede all prior and contemporaneous  understandings, agreements, representations and warranties, both written  and oral, with respect to our Services. In the event you later agree to  additional terms and conditions applicable to the Services, such as terms and conditions governing a rewards program, such terms and  conditions are made part of these Terms of Use by reference.


Feedback


We welcome your comments and suggestions regarding our Services  and the information, products and services we make available here. 

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