While we make reasonable efforts to provide accurate and timely information about Tartine on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Tartine. These terms include an Arbitration provision that governs any disputes between you and us. Unless you opt out, as described below, this provision will: • Eliminate your right to a trial by jury; and • Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings. You agree that we may provide notices, disclosures and amendments to these Terms by electronic means, including by changing these Terms by posting revisions on the Sites.
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITES. If the User is between the ages of 13 and 18, he or she may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms. User represents and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a "terrorist supporting" country; and (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.
In order to participate in certain areas of our Sites, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Tartine if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
Tartine Gift Cards & Promotions
The terms and conditions contained on or associated with any Tartine gift cards and/or promotions shall govern the use thereof and/or participation therein.
If a User signs up for a Tartine account on the Sites, the User is, by default, opted in to receive promotional email communications from Tartine, operated by its third party service provider ("Email Communications"). The User may, at the time of sign up, opt out of receiving Email Communications from Tartine. Thereafter, the User may opt out of receiving Email Communications via the “Unsubscribe” option provided.
Product Information, Pricing and Availability The products displayed on the Sites may be available on the Sites for purchase, and may also be available in select third party retail locations. The products and prices displayed on the Sites are subject to change at any time with or without notice. The prices or items in any particular third party store may be different from those appearing on the Sites, and the in-store information and availability controls over any conflicting information at this Site. Your placement of an order through the Sites constitutes your offer to purchase the items selected by you. We may accept or reject your offer, and your offer is not accepted by us until we ship your order. Occasionally there may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, even after an order may be placed or confirmed. In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, we may decline your offer or we may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
In connection with placing an order, you may be asked by Tartine or the applicable third party to supply certain information, including, but not limited to, credit card or other payment information. You agree to provide Tartine or such third party with information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you enter in connection with your purchase of any product or service. You are responsible for all charges incurred by users of your account, credit card or other payment mechanism, as well as for paying any applicable taxes.
Tartine reserves the right to request further information from you to deter or investigate potential fraudulent transactions. This information may include, but is not limited to, a copy of the credit card statement that was used to complete the offers, in order to ensure a stolen credit card was not used. Tartine reserves the right to place any order on hold, for any reason, in order to investigate potentially fraudulent activity involving the Sites. All decisions by Tartine regarding fraud or suspected fraud are binding and final.
Some of the Sites may offer an optional automatic replenishment service called “Auto-Delivery.” If you order eligible products and choose the Auto-Delivery option, the items in your order will be automatically shipped to you on a regular basis at the frequency you select, based upon inventory availability and based upon the then-current prices for such items. You may change the items in your order, frequency, and next scheduled ship date at any time, or cancel your Auto-Delivery order, in your online Account or by contacting Customer Support at [email@example.com]. By purchasing an Auto-Delivery order, you agree and acknowledge that your order will be automatically shipped until cancelled, and you accept responsibility for all recurring charges prior to cancellation. To ensure uninterrupted delivery, you agree that Tartine may store and use the payment data you provide for use in maintaining and billing fees to your account, and you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. For additional details, see www.coffeemanufactury.com.
Copyright, Trademarks, and User License
Unless otherwise indicated, the Sites and all content and other materials therein, including, without limitation, Tartine’s 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 sole property of Tartine or of its licensors or users and are protected by U.S. and international copyright laws. Tartine Coffee Company, Tartine, Tartine’s logo, and other Tartine trademarks, service marks, graphics, and logos used in connection with the Sites are trade names, trademarks or registered trademarks of Tartine (collectively "Tartine Marks"). Other trademarks, service marks, graphics and logos used in connection with the Sites are the trademarks or registered trademarks of their respective owners (collectively "Third Party Marks"). The Tartine Marks and Third-Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Tartine or the applicable trademark holder. The Sites and the Content are protected by copyright, trademark, patent, trade secret, international treaties, state and federal laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Tartine or the owner of the Content. All rights not expressly granted are reserved.
Subject to these Terms, Tartine grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Sites for personal use only in accordance with these Terms ("User License"). Any use of the Sites in any other manner, including, without limitation, resale, transfer, modification or distribution of the Sites or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Sites ("Content") is prohibited. Unless explicitly stated herein, nothing in these Terms 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 These Terms and User License also govern any updates to, or supplements or replacements for, the Sites, unless separate terms accompany such updates, supplements, or replacements, in which case the separate terms will apply. Digital Millennium Copyright Act ("DMCA") Notice If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as follows: [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.
If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If Tartine receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA. In accordance with the DMCA and other applicable law, Tartine has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Tartine may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
User’s use of the Sites, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, financial information (such as credit card numbers), information related to a Tartine Card or employer name ("User Information") transmitted in connection with the Sites is limited to the contemplated functionality of the Sites. In no event may the Sites be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) provides sensitive personal information unless specifically requested by Tartine, (d) includes spam or any unsolicited advertising; (e) uses technology or other means to access Tartine or Content that is not authorized by Tartine; (f) uses or launches any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Tartine or Content; (g) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (h) attempts to gain unauthorized access to Tartine’s computer network or user accounts; (i) encourages conduct that would constitute a criminal offense or that gives rise to civil liability; (j) violates these Terms; (k) attempts to damage, disable, overburden, or impair Tartine’s servers or networks; (l) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; or (m) fails to comply with applicable third party terms (collectively "Acceptable Use"). Tartine reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in the Sites, remove Content, or assert legal action with respect to Content or use of the Sites, that Tartine reasonably believes is or might be in violation of these Terms, or Tartine policies. Tartine’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Submission of Ideas
To the extent either through emails or otherwise, you submit questions, comments, feedback, suggestions, ideas, improvements, plans, notes, drawings, original or creative materials or other information about Tartine, our Sites and our products (collectively, "Ideas") such Ideas are voluntary, non-confidential, gratuitous and non-committal. Please 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. You must also inform us if you have a pending or registered patent relative to the Idea. You represent and warrant that your Idea is not subject to any confidentiality obligations or third party intellectual property encumbrances and that you own and control all of the rights to the Idea and have the authority to grant the rights to Tartine that you grant herein.
By submitting your Idea, you grant Tartine and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the Idea and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. By submitting your Idea, you hereby release Tartine and its agents and employees from any claims that such use violates any of your rights. Tartine shall own exclusive rights, including all intellectual property rights, to any work it creates or has created from the Idea or a similar idea of its own.
Links to Sites
Tartine may provide you with links or referrals to, or contact information for, third party sites and/or services, including without limitation, health care providers, researchers, etc. The use of any third party sites and/or services is made solely at your own risk. Tartine is not be responsible for, and does not endorse, any third party content, sites or services. Some areas of our Sites are supported by advertising revenue and we reserve the right to display third party advertisements and promotions. You hereby irrevocably agree that we may place such advertising and promotions on our Sites or on, about, or in conjunction with your Content and/or your use of the Sites.
The User agrees to defend, indemnify, and hold harmless Tartine, its parent, subsidiary and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors ("Tartine Indemnitees") from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorneys’ fees) ("Claims") that arise from or relate to the User’s use or misuse of the Sites, violation of these Terms, violation of any rights of a third party, any User Content or Ideas you provide, or your conduct in connection with the Sites. Notwithstanding the foregoing, this indemnification provision shall not apply to any Claims caused by a Tartine Indemnitee’s sole negligence. Tartine reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
TARTINE IS PROVIDING THE SITES TO THE USER "AS IS" AND THE USER IS USING THE SITES AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, TARTINE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITES ARE MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE SITES BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITES WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED. THE MATERIALS AND INFORMATION ON THE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. NOTWITHSTANDING THE FOREGOING, NONE OF THE DISCLAIMERS IN THIS PARAGRAPH SHALL APPLY TO WARRANTIES RELATED TO PERSONAL INJURY. No Liability SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW JERSEY LAW, IN NO EVENT SHALL TARTINE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM TARTINE), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, 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 TARTINE’S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.
YOUR JURISDICTION MAY NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. Third Party Content, Sites, Products and Services (including Advertising and Promotions)
Tartine may provide third party content on the Sites (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, "Third Party Content") as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Tartine of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Tartine is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content. You agree to use such Third-Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, 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 our Sites. You must comply with any applicable third-party terms when using the Sites.
Modifications to the Sites
Tartine reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Tartine will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
Governing Law and Jurisdiction
These Terms and use of the Sites are governed by the laws of the State of California, United States of America, without regard to California’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Los Angeles County, Delaware, United States of America, for purposes of any legal action arising out of or related to the use of the Sites or these Terms.
Notwithstanding any of these Terms, Tartine reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to and use of the Sites. Tartine’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
Tartine reserves the right to change or modify these Terms or any other Tartine policies related to use of the Sites at any time and at its sole discretion by posting revisions on the Sites. Continued use of the Sites following such changes or modifications to the Terms or other Tartine policies will constitute acceptance of such changes or modifications.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Inquiries or Concerns
You may contact Tartine by using the ‘contact us’ feature that can be found at email@example.com, and we will do our best to provide a prompt response to your question(s).
Last Updated: September 2018