Terms of Use

Modification Date: Terms of Use was last modified as of October 19, 2011.

Welcome to the Coffee Bean & Tea Leaf Hawaii Website. This Website is provided by The Coffee Bean & Tea Leaf Hawaii as a service to our customers. Please review the following Terms of Use, which govern your use of the Coffee Bean & Tea Leaf Hawaii Website.

Your use of the Website constitutes your agreement to follow and be bound by the Terms of Use. We reserve the right to update or modify the Website and these Terms of Use at any time without prior notice. For this reason, we encourage you to review the Terms of Use whenever you use the Website. If you do not agree to these terms, please do not use the Website. We will always post at the top of the Terms of Use the date that it was last modified.

Ownership: All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Website belong to The Coffee Bean & Tea Leaf Hawaii. The names, images, pictures, logos and icons identifying The Coffee Bean & Tea Leaf Hawaii’s products and services are proprietary marks of The Coffee Bean & Tea Leaf Hawaii. Except as expressly provided below, nothing contained herein shall be construed as granting to you or to anyone else any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

License to Use: You are hereby granted a non-exclusive, non-transferable, limited license to view the Website, and to download and/or print insignificant portions of materials retrieved from the Website, provided that it is used only for informational, non-commercial purposes, and you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of the Website, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means, without the express written permission of The Coffee Bean & Tea Leaf Hawaii.

Account Information: If you use the Website, 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 Bean & Tea Leaf Hawaii does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with the permission of a parent or guardian. The Coffee Bean & Tea Leaf Hawaii reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Hyperlinks: You may create a hypertext link to the home page of the Website, but all other linking is prohibited without the prior written consent of The Coffee Bean & Tea Leaf Hawaii. You may not use, frame or utilize framing techniques to enclose any The Coffee Bean & Tea Leaf Hawaii trademark, logo, or other proprietary materials, including the images posted on the Website, the content of any text or the design of any page, or form contained on a page without The Coffee Bean & Tea Leaf Hawaii’s express written consent. The Coffee Bean & Tea Leaf Hawaii makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature, or reliability of websites accessible by hyperlink from the Website, or other websites linking to the Coffee Bean & Tea Leaf Hawaii Website. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party website, products or services provided by any third party.

Third Party Websites: The Coffee Bean & Tea Leaf Hawaii provides links to third party websites for your convenience. The Coffee Bean & Tea Leaf Hawaii does not assume any responsibility for the content of, technology implemented by, or privacy practices of third party websites and all use of such websites is at your own risk. You should review the privacy policy and terms of use for each third party website and confirm they are acceptable prior to registration on or use of the website. Links to third party websites do not imply endorsement of the sites by The Coffee Bean & Tea Leaf Hawaii.

Site Transactions: The Coffee Bean & Tea Leaf Hawaii reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we modify or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Coffee Bean & Tea Leaf Hawaii reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors.

Availability of Products & Services: The Website may contain references or cross references to The Coffee Bean & Tea Leaf Hawaii products and services that are not available in your area.

DISCLAIMERS AND LIMITATION OF LIABILITY: USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, AND THE COFFEE BEAN & TEA LEAF HAWAII EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COFFEE BEAN & TEA LEAF HAWAII DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THIS WEBSITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE. YOU AGREE THAT THE COFFEE BEAN & TEA LEAF HAWAII WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE COFFEE BEAN & TEA LEAF HAWAII (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ASSOCIATED WITH ANY CLAIM ARISING FROM THE WEBSITE FOR ANY REASON WHATSOEVER SHALL BE LIMITED TO THE COST OF ACCESSING THE WEBSITE, IF ANY.

Indemnification: You agree to defend, indemnify, and hold The Coffee Bean & Tea Leaf Hawaii harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of these Terms of Use.

Shopping: Purchases made through the Website are subject to our Return, Shipping, and Purchase Policies, all of which may be reviewed on the Website.

Product & Service Descriptions: The Coffee Bean & Tea Leaf Hawaii attempts to be as accurate as possible when describing its products and services. However, The Coffee Bean & Tea Leaf Hawaii does not warrant that product or service descriptions, or other content found on the Website is accurate, complete, reliable, current, or error-free.

Colors Displayed: We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor will accurately display the color.

Mistakes Happen: Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. The Coffee Bean & Tea Leaf Hawaii reserves the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order).

Enforcement: The Coffee Bean & Tea Leaf Hawaii has the right, but not the obligation, to monitor any activity and content associated with forums and interactive areas on the Website. The Coffee Bean & Tea Leaf Hawaii may access at any time and use internally for any lawful purpose information stored in its systems. The Coffee Bean & Tea Leaf Hawaii may disclose such information to any third party including law enforcement agencies to protect its rights and property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action we deem appropriate, including without limitation, issue a warning, suspend or terminate your access and use of the Website, services and/or content at any time.

Communication: When you visit the Website or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by electronic mail or by posting notices on the Website. Any communication or other information sent to The Coffee Bean & Tea Leaf Hawaii via electronic mail or otherwise in connection with your use of the Website, including but not limited to suggestions, ideas and comments, will be treated as non-confidential and all such information may be used by The Coffee Bean & Tea Leaf Hawaii for any purpose whatsoever without compensation. This disclosure constitutes an assignment of all right, title, and interest in such information to The Coffee Bean & Tea Leaf Hawaii.

Sharing: The Coffee Bean & Tea Leaf Hawaii may, now or in the future, allow users to post or otherwise make available on the Website certain user content, including without limitation comments, pictures, sounds, and videos. The Coffee Bean & Tea Leaf Hawaii does not endorse or warrant, and is not responsible for the user content. Under no circumstances will The Coffee Bean & Tea Leaf Hawaii be liable for any loss or damage arising out of or in connection with any user content or information or materials obtained through user content, including without limitation personal injury, libel, slander, and emotional distress. Visitors to the Website are responsible for evaluating the accuracy, timeliness, and completeness of all content on the Website including user content.

You shall not submit any user content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, or consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content. You are solely liable for any damages resulting from your failure to comply with the foregoing.

By submitting user content, you automatically grant The Coffee Bean & Tea Leaf Hawaii a world-wide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable and transferable, right and license to use, record, sell, lease, reproduce, distribute, create derivative works, from publicly displaying or perform, transmit, publish, and otherwise exploit the user content, in whole or part as The Coffee Bean & Tea Leaf Hawaii deems appropriate.

The Coffee Bean & Tea Leaf Hawaii has the right, but not the obligation, to monitor user content. We reserve the right not to post any user content, but we do not have an obligation to post, maintain, screen or otherwise use any user content. We may discontinue the ability to submit user content in our sole judgment at any time without notice.

Personally Identifiable Information: If you choose to make personally identifiable information available, you do so at your own risk. User content, including any personally identifiable information (including as name, address, telephone number, or email address), submitted is accessible to other users, including people you may not know. Making this information available may result in receiving unsolicited emails or of other users sharing your information. You should use discretion when communicating with others or disclosing personal information. The Coffee Bean & Tea Leaf Hawaii has no control over and shall have no liability for any damages resulting from the use or misuse by any third party of information that you make public by submitting it.

Privacy: The Coffee Bean & Tea Leaf Hawaii considers protecting your personal data to be important, and has developed a Privacy Policy describing The Coffee Bean & Tea Leaf Hawaii’s personal data collection and use policies and practices. Please refer to our Privacy Policy for detailed information.

Governing Law: These Terms of Use shall be governed by and construed in accordance with the laws of the State of Hawaii as they apply to agreements made and solely performed therein. Disputes arising hereunder or in any way related to the Website shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Hawaii, and jurisdiction therefore shall rest solely in the State of Hawaii.

General: These Terms of Use incorporate by reference any policies and notices contained in the Website and constitute the entire agreement with respect to your access to and use of the Website. If any provision of these Terms of Use is unlawful, void, or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

Questions: If you have any questions, comments, or concerns regarding this Policy, or would like to contact us for any reason, please contact us at the address shown in the “Contact Us” section of our Website.

Our Address:
The Coffee Bean & Tea Leaf Hawaii
3536 Harding Ave.
Honolulu, HI 96816
(808) 732-0791

Copyright © 2011 The Coffee Bean & Tea Leaf Hawaii, Hawaii. All rights reserved.

 

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