Terms and Conditions

Terms and Conditions


Welcome to Coffeefool.com, the website operated by The Coffee Fool LLC. If you visit or shop at Coffeefool.com you accept these terms. Please read them carefully. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.


Privacy
Please review our Privacy Notice, which also governs your visit to CoffeeFool.com to understand our practices.


Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of or licensed to The Coffee Fool LLC or its content suppliers and protected by United States and international copyright laws. Copyright 2003-2014, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with us or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with us or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The Coffee Fool LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
The Coffee Fool logo and all other coffeefool.com graphics, logos, coffee names, and service marks are trademarks, registered trademarks or trade dress of or licensed to The Coffee Fool LLC, in the U.S. and/or other countries. Trademarks and trade dress may not be used in connection with any product or service that is not authorized in writing by The Coffee Fool LLC. Regardless of authorization, no mark may ever be used in any manner that is likely to cause confusion as to the ownership or in any manner that disparages or discredits the Coffee Fool name.


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied other than the following exception: We will accept your return of any total coffee order, or part of any coffee order and issue a full 100% refund for the portion of coffees returned, if the coffee is returned within 90 days of when the order was placed. Refunds will be processed back to the original method of payment only. To the fullest extent permissible pursuant to applicable law, The Coffee Fool LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. The Coffee Fool 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. The Coffee Fool LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
The Coffee Fool 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 The Coffee Fool LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a The Coffee Fool LLC product is mistakenly listed at an incorrect price, The Coffee Fool LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. The Coffee Fool LLC reserves 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 cancelled, The Coffee Fool LLC shall issue a credit to your credit card account in the amount of the incorrect price.


Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Coffee Fool LLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.


Shipment Arrival Times
Your coffee will be shipped fresh after you place your order, usually the next business day. Shipping dates may be impacted by weekends, holidays and weather. Orders are sent via USPS or UPS. Depending on your location, shipping times range from 1 to 10 days. Once packed and shipped, you can expect delivery by US Priority Mail within 2 to 3 business days. 95% of orders sent by US Priority Mail are delivered within this short time span. However, we cannot guarantee the reliability of the US Post Office. On rare occasions, delivery can exceed 5 days. If you have not received your coffee within 5 days, please contact us. If your package does not show as delivered through the USPS.com website after 10 days we will resend your order at no additional charge. UPS Overnight and 2-Day Express Delivery are available for an additional surcharge, but please note that weekends are not a part of the total time calculation for services such as Next Day Air and 2nd Day Air. For example, a UPS Next Day Air placed on Thursday would ship from us on Friday and be received to you on the following Monday. If you pick a guaranteed delivery such as UPS Next Day Air or 2nd Day Air and they do not deliver on time due to any reason other than weather, we will refund you for the total shipping charge only.


Risk of Loss
PLEASE NOTE: We never send any of our coffee packages with "Signature Required". That means that UPS and the US Postal System will most likely leave your package from us at your door. When the tracking systems for either carrier indicate a successful delivery, you agree that at that point all risk of loss and title for such items pass to you. At times either carrier may decide for whatever reason, not to leave your package at your door. You will then have to collect your package from them or arrange for redelivery.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by The Coffee Fool LLC 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.


Notice and Communication
When you visit Coffeefool.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of The Coffee Fool LLC products) shall be in the state or federal courts located in Minneapolis, Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of The Coffee Fool LLC products) must be commenced within one (1) year after the claim or cause of action arises. The Coffee Fool LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. The Coffee Fool LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a The Coffee Fool 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 the 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 other organization.


Participation Disclaimer
The Coffee Fool LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, The Coffee Fool LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, The Coffee Fool LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to The Coffee Fool LLC in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless The Coffee Fool LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' 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.


Third-Party Links
In an attempt to provide increased value to our visitors, The Coffee Fool LLC may link to sites operated by third parties. However, even if the third party is affiliated with The Coffee Fool LLC, The Coffee Fool LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The Coffee Fool LLC. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The Coffee Fool 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 own site, but for sites it links to as well (including if a specific link does not work).