Last Updated: October 12, 2016
These are the terms and conditions (the “Terms”) for Silver Star Coffee, a service of Spannings LLC. By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Spannings LLC or other affiliates (collectively, “Spannings LLC,” “Silver Star Coffee,”“we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Sites, or order, receive or use the coffee or other products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
These terms and conditions shall apply and not be altered without the express written permission of Spannings LLC. Spannings LLC reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms. All changes are effective immediately when we post them. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products. Your continued use of our website following the posting of revised terms means that you accept and agree to the changes.
These Terms constitute the entire agreement between you and Silver Star Coffee relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Silver Star Coffee. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Silver Star Coffee’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
I. Applicability and Eligibility
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you are 18 years of age or older, have not been previously suspended or removed from the Sites, have not engaged in any activity that could result in suspension or removal from the Sites, do not have more than one Silver Star Coffee account, and have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
III. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you may need to register for a Silver Star Coffee account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a Silver Star Coffee account, you also consent to receive electronic communications from Silver Star Coffee (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
IV. Intellectual Property Rights
All names, logos, product and service names, designs and slogans that may appear on this website are the trademarks of Spannings LLC or other respective owners. This website and its 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 Spannings LLC 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.
V. Permitted and Prohibited Uses
You may use our website only for lawful purposes in accordance with these terms.
You agree not to:
- Violate any federal, state, local or international law or regulation, contract, intellectual property or other third party right;
- Commit a tort or engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from such user and Silver Star Coffee;
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- Use any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our website;
- Use any device, software, or routine that interferes with the proper working of our website;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our website, the server on which our website is stored, or any server, computer or database connected to our website.
VI. Payment, Pricing, Taxation, Availability and Shipping Terms.
Credit card is the default form of payment that will be accepted for Product orders on the Service, or you can choose PayPal. All orders received are subject to acceptance by Spannings LLC in our sole discretion. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
You acknowledge that the amount billed may vary due to promotional offers, changes to your subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount. All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion. We will not be able to notify you of changes in any applicable taxes. We are required by law to collect all applicable sales tax. Customer authorizes us to add sales tax to any purchase. We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
Products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific coffees) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time.
Spannings LLC reserves the right to select the carriers for shipments. Shipping charges are invoiced according to costs related to UPS, FedEx or USPS. All liability for loss passes to the customer once it leaves our warehouse, however we will honor replacement merchandise for damaged shipments after the damaged item(s) have been returned to us. Claims of non-delivery will be honored if no proof of delivery is offered by UPS or USPS, otherwise merchandise shall be deemed delivered. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from Silver Star Coffee, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. Spannings LLC is not liable for delay in product shipment.
When starting a coffee subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscriptions is canceled. You will be charged the same amount for each order that is generated from your subscription. The term of your subscription is continuous. When you register for a coffee subscription, you expressly acknowledge and agree that Spannings LLC (or our third party payment processor) is authorized to charge you on a recurring basis for your coffee subscription (in addition to any applicable taxes and other charges) for as long as your coffee subscription continues, and that your coffee subscription is continuous until you cancel it or we suspend or stop providing access to the Sites or Products in accordance with these terms.
Your subscription may be cancelled at any time via our website. Please allow up to 72 hours for cancellation. You are responsible for all coffee subscription charges (in addition to any applicable taxes and other charges) incurred before the effective date of your cancellation. In the event you cancel your Coffee Subscription, please note that we may still send you promotional communications about Silver Star Coffee, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
We do not accept returns for perishable items, all sales are final. Defective merchandise will be exchanged for same or similar product. Refunds are not given for any claims.
IX. Disclaimers for the Sites and Products
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website 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 website 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 computer equipment, computer programs, data or other proprietary material due to your use of our website or any services or items obtained through our website or to your downloading of any material posted on it or on any website linked to it.
Your use of our website, its content and any services or items obtained through our website is at your own risk. Our website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Silver Star Coffee nor any person associated makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of our website. Without limiting the foregoing, neither Silver Star Coffee nor anyone associated represents or warrants that our website, its content or any services or items obtained through our website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that our website or any services or items obtained through our website will otherwise meet your needs or expectations.
The information presented on our website 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 visitor to our website, or by anyone who may be informed of any of its contents.
We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
Any links from this website 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 websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You are solely responsible for the proper and safe handling, preparation, storage, use and consumption of the products you receive from us. You are also solely responsible for knowing about any food allergies you may have and verifying the products and their contents before handling, preparing, using or consuming such products. Further, you understand, acknowledge and agree that we cannot guarantee that cross-contamination will not occur between our products and products containing all eight (8) major u.s. allergens (milk, wheat, egg, soy, fish, shellfish, peanuts and treenuts).
We attempt to display the products and other materials and information you view on the sites, including pricing and nutritional information, as accurately as possible. however, we do not guarantee the accuracy of such materials and information and are not responsible for any claims arising or resulting from your reliance thereon. In the event of an error on our sites, in an order confirmation, in processing or delivering an order or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a refund. You further agree that the products and other materials you receive in your order may vary from the products and materials displayed on the sites due to a number of factors, including, without limitation, system capabilities and constraints of your computer, manufacturing process or supply issues, the availability and variability of products, distinct cooking or other preparation methods and variability of cooking equipment and appliances. The sites may contain information about products that are not available in every location. A reference to a product on the sites does not imply or guarantee that it is or will be available in your location or at the time of your order.
Except as may be provided in a warranty by the manufacturer of a product, all products and the sites and content are provided on an “as is” basis without warranties of any kind, either express or implied. silver star coffee disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the sites, content and products, any warranties that arise from trade usage or custom, and any warranties that the sites or products will be free and clear from any adverse lien or security interests.
We reserve the right to change any and all content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.
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.
X. Limitation on Liability
In no event will Spannings LLC, 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 website, any websites linked to it, any content on our website or such other websites or any services or items obtained through our website 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. To the fullest extent permitted by applicable law, in no event shall Spannings LLC be liable for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access or use of the sites or content or the order, receipt or use of any product or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance by any user on any information obtained from silver star coffee, or from mistakes, omissions, interruptions, deletions of files or emails, errors, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to silver star coffee’s records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).
Spannings LLC is in no way liable for any special, incidental, consequential or punitive damages, or for any claim by any third party. To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of silver star coffee and the other silver star coffee parties (jointly) arising out of or in any way related to (a) the order, receipt or use of products purchased from silver star coffee exceed the amount paid for such products; and (b) the order, receipt or use of coffee, or access or use of the sites or content, exceed the greater of $250 or the amount you paid to us in the one (1) month period immediately preceding the date on which your claim arose. The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute SpanningsLLC’s sole liability and obligation in respect hereof, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed), strict product liability or any other legal or equitable theory.
To the fullest extent permitted by applicable law, you, on behalf of your heirs, executors, administrators, legal and personal representatives, hereby release, waive, acquit and forever discharge Spannings LLC from and against, and covenant not to sue any such Spannings LLC party for, all claims you have or may have arising out of or in any way related to these terms. If you are a California resident, you hereby waive your rights under California Civil Code 1542, 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.”
You agree to defend, indemnify and hold harmless Spannings LLC, 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 website, including, but not limited to, any use of our website’s content, services and products other than as expressly authorized in these terms or your use of any information obtained from our website.
XII. 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 Silver Star Coffee. 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.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason. We reserve the right to refuse service, terminate your account, 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.
XIV. Dispute Resolution and Binding Arbitration.
You and Spannings LLC are agreeing to give up any rights to participate in a class action or representative action with respect to a claim. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims) between you and us arising from or relating in any way to your purchase of products or services through the site, will be resolved exclusively and finally by binding arbitration.
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 12. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) 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.
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 within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, neither you nor Silver Star Coffee 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.
XV. Waiver and Severability
No waiver by Spannings LLC 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 Spannings LLC 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.
XVI. Governing Law
All matters relating to our website 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 California, 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 website will be instituted exclusively in the federal and state courts located in Sacramento County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
XVII. Entire Agreement