Huron Coffee Company, LLC
2. Products. Our primary product consists of our coffees, but we also offer mugs, posters and apparel featuring our Huron logo. While we strive very hard to maintain consistency in the roasting, and therefore the flavor and aroma, of our coffees from order to order, please understand that, because our coffees are produced in small, custom batches, small variations in flavor and aroma may occur.
3. Website Access. To access our Website or some of the resources it offers, you may be asked to provide certain user details or other information. It is a condition of your use of our Website that all of the information you provide on our Website is correct, current and complete. If we provide you with a customer account, you agree that: (a) if you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party; (b) you will immediately notify us of any unauthorized use of your user name or password or any other breach of security; and (c) you will ensure that you exit from your account at the end of each session. You should use particular caution when placing an order or accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you are in a corporate setting where your computer can be used or seen by others, it would be in your best interest to always log out of your account before leaving your computer area, to prevent anyone from accessing any of your personal information. If you have a user account with us, we have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions.
4. Website Content and Use. The content on our Website is for information purposes only and you agree that your use of and browsing in our Website is at your risk. In no event shall Huron Coffee Company, LLC, its subsidiaries or affiliates or their officers, directors, members, managers, employees or agents (“Huron”), be liable to you for any direct, indirect, special, punitive or consequential damages resulting from any (a) errors, mistakes, or inaccuracies of content (including product pricing, inventory levels and availability), (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of the server that provides access to our Website and/or any and all personal information and/or financial information stored therein and whether or not Huron is advised of the possibility of such damages. You are strictly prohibited from uploading to our Website any material that contains any virus, worm, “trojan horse,” time bomb, or similar contaminating or destructive feature including sexually explicit material. Violators may be prosecuted to the maximum extent of the law.
5. Terms of Purchase.
(a) You agree to abide by these Terms and Conditions, which govern your use of our Website and any and all orders and purchases by you of any of our products.
(b) All offers, prices and conditions of sale of our products may be subject to: (i) change without notice, (ii) prior purchase, and/or (iii) other conditions/restrictions. We are not responsible for and do not have to honor typographical or pricing errors on our Website. We reserve the right to cancel or refuse orders at any time, including, without limitation, orders that contain incorrect prices or product descriptions, and orders with respect to which we believe the customer has violated applicable law. We also reserve the right to limit the quantity of items purchased or orders placed via our Website.
(c) Once an order has been placed via our Website, we may not be able to make changes to or cancel the order. Any modifications to products, quantities, addresses or payment information must be made before submitting your order. You must carefully review all details of your order before clicking the “Purchase” button.
(d) When you place an order via our Website, you will be prompted to enter your credit card information, which includes the complete credit card number, expiration date, credit card security code, the full name of the person to whom the credit card is issued and the primary card holder’s billing address. We accept American Express, Discover, MasterCard, Visa and Apple Pay. We do not accept electronically transferred funds for, or COD, orders placed via our Website. Your credit card will be charged for all in-stock products in your order at the time you place your order. If payment for an order does not fully process when the order is placed, the order will not be fulfilled.
(e) Standard shipping rates vary. Shipping time and delivery will vary order to order, but we typically expect delivery within 5 to 7 business days for standard shipping, subject to carrier delays and unforeseen events, for which we are not responsible or liable in any way. We will select the shipping carrier, which may include, but is not restricted to, USPS, UPS, FedEx, DHL Express, or other carriers we may identify and utilize as part of our order fulfilment process. If you need your order delivered to you sooner than is expected with standard shipping, you may select from the expedited shipping option(s) offered on our Website. Expedited shipping is not free, but we will endeavor to minimize your shipping costs when selecting the carrier, and we will advise you regarding the expedited shipping cost.
(f) If product that you order is out of stock, we will endeavor to place the out-of-stock product on back-order. However, please note that, because most of our products are custom, we may not be able to provide you with the exact out-of-stock product that you ordered. In that event, we will notify you by email and you may cancel your order for out-of-stock product. Any out-of-stock product placed on back-order that later becomes available will be shipped separately from the rest of your order, and if you select expedited shipping, you will be charged for separate expedited shipping charges when the back-ordered product becomes available and we ship it to you. If you do not want us to place out-of-stock product on back-order, you must cancel back-ordered product by calling or emailing customer service (email@example.com) within 48 hours after you are notified of out-of-stock products, and you will receive credit for any amount previously paid for out-of-stock products.
(g) By placing an order, you acknowledge and agree that all risk of loss of, or damage to, all or any part of the products you order passes to you at the time your order is placed in the hands of the shipping carrier.
(h) You will receive an email confirming our receipt of your order. You will also receive an email when your order has been placed in the hands of the shipping carrier, which will include package tracking information, if available from the shipping carrier.
6. Product Packaging; Returns. Huron is committed to providing quality products and service in addition to a pleasant shopping experience. If you notice any damage to the packaging in which your product was packed prior to opening the package, you must report it by calling or emailing customer service within 24 hours of delivery and obtain a return authorization. The original packing list must accompany all authorized returns.
(a) You agree to use reasonable care when opening product packaging. You understand that using a sharp instrument to open product packaging may cause damage to the products you receive. You agree that we are not responsible or liable in any way for product damage caused by the method you use to open boxes or other product packaging.
(b) If any of the products you receive are defective, and such defect was not caused by or the result of opening the product packaging, or if you are dissatisfied with the products you receive for any reason, you must return the products to us to the return address on the shipping label, with the original product packaging unopened and intact without damage to product UPC barcodes or logos, and with the original packing list, and carefully returned in the same box we shipped the products to you, within two (2) business days of delivery of your order to you (shipping costs to return products to us will be your expense), and in such event, we will, at our option, either replace the returned products or issue a credit to you for the purchase price paid by you for the returned products, which credit will be applied to the credit card you used to purchase the returned products. If we elect to replace returned products, we will ship replacement products to you via standard shipping, and we will not charge you shipping costs for the replacement products.
(a) We have taken reasonable efforts to ensure that the information, materials and services contained in our Website, including information regarding whether a particular product or products is/are in stock, is accurate. However, all information is provided “as is.” to the fullest extent permissible pursuant to applicable law, we, and our providers, distributors and manufacturers disclaim all warranties, express or implied, including but not limited to (I) implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title to any of the information, materials and services provided on our Website, and (II) any warranties that the functions contained in the information, materials and services will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components, and (III) any warranties regarding the use, or results of the use, of the information, materials and services on the Website in terms of their correctness, accuracy, reliability, timeliness or otherwise. you alone assume any and all costs arising in connection with your use of the website. applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
(b) We are in no way responsible for failures due to third-party software, regardless of whether these are incorporated into our Website or provided via our Website.
(c) We are in no way responsible for any damage, direct, indirect or consequential, whether or not foreseeable resulting from the provision, use or the total or partial failure of the Website functionalities (including machine, software or operator error, or malfunctions in connection with data transmission), including the responsibility associated with any viruses or malware likely to infect the equipment you use to access our Website.
(d) We make no representation that information, materials, services or our products available on or through our Website are appropriate or available for use in locations outside the United States. Accessing information, materials and services available on or through our Website from territories where their contents are illegal is prohibited. Those who choose to access our Website from other locations do so on their own initiative and are responsible for complying with local laws.
(e) The photos on our Website are for illustration purposes, are not contractual, and we are not responsible for them or their accuracy in depicting the subject matter described.
8. Force Majeure. We are not responsible for any order fulfillment, shipping or delivery delay or failure caused by any fire, earthquake, tornado, flood, explosion, embargo, war, terrorism, riot, governmental regulation or act, act of God, or any other cause beyond our reasonable control.
9. Indemnification. You agree to defend, indemnify and hold harmless Huron against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable attorney's fees, arising in connection with your use of our Website or resulting from, or alleged to result from, your use of our Website or your violation of these Terms and Conditions. If you enter into any online shopping transactions on our Website, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on our Website.
10. User Contributions. You agree that, if you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials regarding Huron and/or our products (collectively, “User Contributions”) on the Internet, we have a worldwide, non-exclusive royalty free license to use, copy, distribute and disclose to third parties any such User Contributions for any purpose (the “License”). You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant Huron the License, and (b) you agree to defend, indemnify and hold harmless Huron and its licensors from any breach of this representation and warranty. You acknowledge and agree that you are responsible for any User Contributions you post, and you, not Huron, have full responsibility for the legality, reliability, accuracy, and appropriateness of such content. Any content and/or opinions posted to the Internet, other than the content provided by Huron, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Huron. We are not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Website. We have the right to:
(a) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates these Terms and Conditions, infringes any intellectual property right or other right or could create liability for Huron.
(b) Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
(c) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
(d) Terminate your access to all or part of our Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
(e) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any User Contribution. YOU WAIVE AND HOLD HARMLESS HURON FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY HURON DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER HURON OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review any material before it is posted, and we are not responsible for removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
11. Third Party Websites. Our Website may contain links to other websites operated by third parties other than Huron. These links are provided for your convenience only. Huron does not control such third party websites or their content. The fact that our Website contains links to sites operated by third parties other than Huron does not mean that Huron approves of, endorses or recommends those sites, nor does it imply any association with their operators. If you link to any off-site pages or other sites, you do so at your own risk. Huron disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for loss, injury, claim, liability or damage of any kind resulting from any third party website or content directly or indirectly accessed through links in our Website.
12. Intellectual Property.
(a) All materials and content on our Website, including, but not limited to, images, illustrations, text, music, videos, art, audio clips and video clips, are protected by or consist of copyrights, trademarks, service marks and/or other intellectual property (“Intellectual Property”). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively, the “IP Providers”).
(b) The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information or restrictions contained in any material or content on our Website. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms and Conditions, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute and/or exploit any Intellectual Property in any way (including by email or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or the use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining an unauthorized link to our Website, is prohibited by these Terms and Conditions. All software, applications and modules used on our Website are proprietary to or licensed to us by other parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer or modify any software on our Website. Further, you cannot: (i) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Website; or (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; or (iii) use any “robot,” “spider,” or other automatic device (or a program, algorithm or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer or link to any of the pages, data, materials or content available on our Website.
(c) The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States’ export control laws. By using, copying or downloading any portion of the Intellectual Property, you are representing that you are not in a country where such export is prohibited; that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.
13. Equipment Damage. Huron assumes no responsibility and shall not be liable for any damages to, or viruses or malware of any type or sort whatsoever that may infect, your computer or other equipment or property on account of your access to, use of, or browsing in our Website or your downloading of any materials, data, text, images, video, or audio from our Website.
(b) We collect several types of information from and about users of our Website, including information: (i) by which you may be personally identified, including, without limitation, your name, mailing address, e-mail address, telephone number, credit card or bank account number (or other payment method/information), or any other information that personally identifies you (collectively, “Personal Information”); and (ii) that is about you but individually does not identify you; and (iii) about your internet connection, the equipment and software you use to access our Websites and usage details. We collect this information directly from you when you provide it to us and/or automatically as you navigate our Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons (also known as pixel tags), and other tracking technologies and/or analytical software or applications.
(c) The information we collect on or through our Website may include, without limitation: (i) information you provide by filling in forms on our Website, including information provided at the time of placing an order, registering (if applicable) to use our Website or requesting further services (we may also ask you for information if you report a problem with our Website); and (ii) records and copies of your correspondence, including e-mail addresses, if you contact us; and (iii) your responses to surveys that we might ask you to complete for research purposes; and (iv) details of transactions you carry out through our Website and of the fulfillment of your orders, including financial information before placing an order through our Website; and (v) your search queries on our Website.
(d) As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including (i) details of your visits to our Website, such as traffic data, location data, logs and other communication data and the resources that you access and use on our Website, and (ii) information about your computer and internet connection, such as your IP address, operating system and browser type. This information helps us improve our Website and deliver a more customized service by enabling us to: estimate our audience size and usage patterns; store information about your preferences; customize our Website according to your individual interests; speed up your searches; and recognize you when you return to our Website. The technologies we use for this automatic data collection may include:
(2) Flash cookies, which are local stored objects to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
(3) Web beacons or pixel tags, which are small electronic files that we may include on pages of our Website and in our e-mails, that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
(f) We use information that we collect about you or that you provide to us, including any Personal Information, as follows: (i) to present our Website and its contents to you; (ii) to provide you with information, products or services that you request from us; (iii) to fulfill any other purpose for which you provide it; (iv) to provide you with notices about your account (if applicable), including expiration and renewal notices; (v) to fulfill your orders and carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection; (vi) to notify you about changes to our Website or any products or services we offer or provide through it; (vii) to allow you to participate in interactive features on our Website; (viii) in any other way we may describe when you provide the information; and (ix) for any other purpose with your consent; and/or (x) to contact you about goods and services that may be of interest to you.
(h) Accounts: If we provide you with a user account, the following will apply: (i) you can review and change your Personal Information by logging into our Website and visiting your account profile page;(ii) you may also contact us as provided in Section 14(m) below to request access to, correct or delete any Personal Information that you have provided to us; (iii) we may not be able to delete your Personal Information without also deleting your user account; and (iv) we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
(i) We do not intend, and our Website is not designed, to collect Personal Information from anyone under the age of 18. If you are under 18 years old, you should not register with or otherwise provide Personal Information to our Website.
(k) We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration and disclosure. We utilize SSL technology. The safety and security of your information also depends on you. Where we have given you (or where you have chosen, if applicable) a password for access to certain parts of our Website, you are responsible for keeping this password confidential, and we ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like product reviews. The information you share in public areas may be viewed by any user of the Website. Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to our Website. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Website.
(l) Our Website is operated in the United States. Please be aware that any information you provide to us will be transferred to the United States. By using our Website and/or providing us with your Personal Information through our Website, you consent to this transfer.
15. Security on Our Website. Huron wants to assure you that your transactions are secure when you place an order through our Website.
(a) When you enter the checkout process of huronrepublic.com, you will notice the address at the top of your browser changed from http://www.huronrepublic.com to https://www.huronrepublic.com. This means you have accessed a secure SSL (Secure Socket Layer) page. The information you enter on https pages is securely passed between your computer and our webserver. The page on our Website that you use to manage your account (if applicable) is also a secured page. Another way to tell if you are on a secure page is the padlock image that appears in your browser.
(b) Every page of the checkout process is under the secure site. Notice the https:// at the top in the address line and the locked padlock. Also, when you get to the payment option screen, notice the security statement directly under the credit card number input field.
16. Entire Agreement and Construction.
(a) These Terms and Conditions constitute the entire agreement of the parties pertaining to the subject matter hereof and supersede all prior arrangements, understandings, negotiations and discussions, whether oral or written, as to the subject matter hereof. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, whether or not similar, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. The unenforceability or invalidity of any provision of these Terms and Conditions shall not render any other provision unenforceable, and each provision hereof shall be enforced to the fullest extent permitted by applicable law.
(b) A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated to maintained in printed form.
17. Benefit. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, personal representatives, successors and permitted assigns. Except as expressly provided by these Terms and Conditions, nothing in these Terms and Conditions is intended to confer upon any person, other than the parties and their respective heirs, executors, personal representatives, successors and permitted assigns, any rights or remedies whatsoever.
18. Captions and Use of Pronouns. The captions inserted herein are inserted only as a matter of convenience and in no way define, limit, construe, affect or describe the scope or intent of these Terms and Conditions. Whenever herein the singular is used, the same shall include the plural, and the masculine gender shall include the feminine and neutral genders and vice versa, whenever the context so requires.
19. Time. Time shall be deemed to be of the essence of these Terms and Conditions.
20. Governing Law. By accessing our Website, you agree that the laws of the State of Michigan will apply to all matters relating to the use of our Website, without regard to conflict of laws principles. You also agree to the exclusive jurisdiction and venue of either (a) the courts of the State of Michigan sitting in Oakland County, Michigan, or (b) the United States District Court for the Eastern District of Michigan, Southern Division.
21. Changes to Terms and Conditions. Huron may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the revised Terms and Conditions.
Enforceability. The illegality or unenforceability of any provision of these Terms and Conditions shall not affect the validity and enforceability of any legal and enforceable provisions of these Terms and Conditions.