Terms and Conditions of Use
THE SPARROWS COFFEE & TEA & NEWSSTAND, LLCSM welcomes you to our website. Please read the following Terms and Conditions of Use (Terms) that constitute a license covering your use of this site and any transactions that you engage in through this site (Agreement). All data, information, services, blogs, postings, password-protected areas, and opinions provided on or through this website (Content) may be used solely under the following Terms. By accessing, viewing, or using our Internet properties, including this website, mobile website, mobile application, social media profiles, or other digital services (Sites), you acknowledge that you have read, understand, and agree to comply with these Terms. We reserve the right to revise these Terms at any time in our sole discretion by posting revised Terms to the Sites. If you don't wish to be bound by these Terms, please do not use this site. THE SPARROWS COFFEE & TEA & NEWSSTAND includes the owners, employees, agents, third-party content providers, independent contractors, and licensors. You expressly agree that use of this Site is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations.
These Sites are provided solely for the use of our current and future clients to provide information about us, allow you to view content, and enable you to contact us with any questions or comments. Any other use of this site is prohibited. As a user, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the Sites and Content in compliance with these Terms. We may terminate this license at any time for any reason. Distribution of Content for commercial purposes is prohibited, as the Content on these Sites is for your personal use only and not for commercial sale or exploitation. You may not use the Sites or Content for any unauthorized or illegal purpose or activity. We reserve the right to immediately restrict, suspend, block, or terminate any user's access to the Sites or terminate this Agreement at any time for any reason, in our sole discretion. Unless expressly required by law, we do not guarantee the confidentiality or security of any communication or other material transmitted to or from the Sites over the Internet or other communication network.
We only collect personal information online when you choose to provide it, and we will only e-mail users who have contacted us. Information that a user posts on the Sites (e.g. comments) will be available to the public. Otherwise, we will only use or disclose information about you for the reason(s) that you provided it (e.g. to respond to a question or request via e-mail). You acknowledge, consent, and agree that we may access, preserve, or disclose your account information and any content you posted if required to do so by law or in a good faith belief that access or disclosure is necessary in our sole opinion to (A) comply with a legal process; (B) enforce the Terms or Agreement; (C) respond to claims that any Content or Materials violate the rights of third parties; or (D) respond to your requests for customer service. To access your personal information or to correct or update your personal information, contact us at email@example.com.
Intellectual Property (Copyright, Trademark, Trade Secrets)
Materials available on all Sites are protected by trademark and copyright law. All Materials are created solely for clients, used by permission, available for use under the Fair Trade doctrine, or our exclusive copyrighted property. The information contained on the Sites, including all images, designs, photographs, writings, graphics, data, logos, comments, and other information (Materials) are our property or used by permission and are protected by copyrights, trademarks, service marks, trade secrets, or other proprietary rights. The views and opinions of other organizations referenced in Materials or on the Sites are not ours but are held solely by those organizations. By using the Materials, you assume all risk and hereby release us from any liability associated with the Materials or Sites. You must comply with all copyright and trademark laws worldwide in your use of this website and prevent unauthorized copying of all Materials. We do not grant you any express or implied right in or under any trademarks, service marks, copyrights, or trade secret information. You don't have permission to reproduce, store, transmit, display, copy, photocopy, distribute, download, reduce to any electronic medium or machine-readable form, or print the Sites or Materials in whole or in part unless we give you prior written permission. If you are granted permission, you must retain all copyright, trademark, service mark, and other proprietary notices on all copies of the Materials. Any unauthorized reproduction is a copyright and trademark infringement, which we will actively pursue.
Accounts or Registration
Because certain sections of the Sites may require you to register, you agree to provide accurate and complete registration information and inform us if that information changes. Each registration is for a single individual only, unless stated otherwise on the registration page. Certain features and areas of the Sites may be available only with registration and login. We don't permit (A) anyone other than you to use the registration-only sections by using your name or password; or (B) access through a single name made available to multiple users on a network or otherwise. You are responsible for preventing all unauthorized use. If you are required to register and select a unique login and password (Personal Login Information), you must keep your Personal Login Information confidential. This includes taking appropriate measures to maintain confidentiality (e.g. logging off and closing the Internet browser), especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and cannot be used by a third party under any circumstances. We are not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact us immediately if you know or believe there has been any unauthorized use of your Personal Login Information or if you want to deactivate your Personal Login Information due to security concerns.
Products and Services
The products and services available on the Sites are intended for personal use only or, if you are a wholesale customer, for use in your store only. You cannot assign, transfer, re-market, resell, or otherwise dispose of our products and services unless you first obtain our written consent. We will cancel or modify purchases on the Sites if it appears that they result from fraudulent or inappropriate activity. We may revise and discontinue products at any time. We reserve the right to limit order quantities at any time without notice. Prices and promotions are subject to change without notice.
Billing and Payment
Terms of payment are within our sole discretion. Payment must be received before we accept an order unless you request and we approve other payment terms. For products ordered through the Sites, payment may be submitted via valid credit card, debit card, or other payment method offered. Orders are not binding on us until we accept them. We reserve the right to refuse and refund any order or part of any order placed on the Sites.
Shipping and Taxes
Product is shipped FOB Shipping Point/FOB Origin, meaning you are the buyer and take responsibility for products when they leave our location(s). Separate charges for shipping and handling will be shown on the Sites. Unless you provide us with a valid and correct tax exemption certificate applicable to the product ship-to location before we accept the order, you are responsible for sales and all other taxes associated with your order. If applicable, a separate charge for taxes will be shown on the Sites.
Title and Risk of Loss
Title to products passes from us to you on shipment from our location(s). Loss or damage that occurs during shipping is your responsibility.
You may return products purchased from the Sites for a full refund (less shipping and handling) if returned to the designated location within 30 calendar days of the purchase date.
Electronic Communications and Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through the Sites, including but not limited to any consent you give to receive communications from us solely through electronic transmission. You agree that, if in the future, you click on an “I agree,” “I consent,” or other similarly worded button or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Errors and Corrections
We don't warrant or represent that the Sites, Content, or Materials available on or through the Sites will be correct, accurate, complete, current, timely, accessible, uninterrupted, error free, secure, or free of viruses or other harmful components. In our sole discretion, we may make improvements or changes to the Sites, Content, or Materials at any time without notice.
Disclaimer of Warranty
The Sites, Materials, and Content are provided on an "As Is," "Where Is," and "Where Available" basis. We make no warranty as to the results that may be obtained from the use of the Sites, Content, or Materials. We make no representation or warranties of any kind and disclaim all express or implied warranties as to the operation of the Sites; the Content or Materials; goods or other products or services offered, sold, or displayed on the Sites; or your use of this Site generally, including warranties of merchantability, accuracy of information, quality, title, fitness for a particular purpose, and non-infringement. We further disclaim all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to (A) errors in or omissions from the Sites, Content, or Materials, including technical inaccuracies and typographical errors; (B) third party communications; (C) third party web sites or content on those sites directly or indirectly accessed through links in the Sites, including any errors or omissions; (D) unavailability of the Sites, Content, Materials, postings, or any portion thereof; (E) your use of the Sites, Content, or Materials; or (F) your use of equipment or software in connection with the Sites, Content or Materials.
Limitation of Liability
You agree that we are not liable for any damage, loss, claim, injury, or expense of any kind arising out of or resulting from your possession or use of the Sites, Content, Materials, facts, opinions, third-party communications, or information on the Sites.
You agree that the Company will not be liable for any damage, loss, claim, injury, or expense of any kind arising out of or resulting from your possession or use of the Sites, Content, Materials, facts, opinions, third-party communications, or information on the Sites, whether in tort, contract, or other action. In no event will Company be liable to you for any problems arising from ordering or shipping our products, such as lost or corrupted data or orders; delayed product in your store; lost profit or sales; added expense; loss of goodwill; work stoppage; computer failure or malfunction; or business interruption arising out of or in any way related to (A) the Sites, Materials, Content, or other information on the Sites or any products, services, or information that is offered, sold, or displayed on the Sites; (B) your use of, or inability to use, the Sites generally or in connection with this Agreement, even if the Company was informed of the possibility of such damages; or (C) unauthorized access to or alteration of your transmissions or data.
Indemnification and Claim Limits
You agree to indemnify, hold harmless, and defend us from and against all claims, losses, expenses, damages, and costs (including attorneys’ fees) arising out of or resulting from your use of the Sites; any postings that you upload or submit; any violation of these Terms or any law or regulation; or violation of any proprietary or privacy right. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites must be filed by you within one year after a claim or cause of action arises.
Linking to the Sites and Hyperlinks
As a convenience to you, we may provide links to websites operated by other entities (Linked Sites). If you use any Linked Sites, you will leave our Sites. If you decide to visit any Linked Sites or transact business on any Linked Sites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Regardless of the linking form (e.g., hotlinks, hypertext links, IMG links), we don't maintain, control, or otherwise govern Linked Sites. We don't investigate, verify, monitor, or endorse the content, accuracy, opinions, or additional links provided by Linked Sites. And we don't endorse, make any representations about, or warrant any information, goods, or services appearing or offered on any Linked Sites, other than linked information we author. The presence of links does not imply that we are legally authorized to use any trademark, service mark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that Linked Sites are authorized to use our trademark, service mark, trade name, logo, or copyright symbol. We may discontinue Linked Sites at any time without prior notice.
Third party content (such as postings) may appear on the Sites or may be accessible via links from the Sites. We are not responsible and assume no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography, or profanity in the statements, opinions, representations, or any other form of content contained in any third party content appearing on the Sites. You understand that the information and opinions in the third party content is neither endorsed by nor reflects our beliefs or opinions. We reserve the right to remove any postings that allegedly infringe another person’s copyright.
Controlling Law, Jurisdiction, and International Users
This Agreement is governed by and will be construed in accordance with the laws of the State of Michigan without reference to its conflict-of-laws rules. We don't represent that the materials are appropriate or available for use outside the United States. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan, for any disputes with us arising out of your use of the Sites. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms. We don't make any claims about access or use of the Sites, Content, or Materials outside of the United States.
These Terms and any revisions, which are incorporated by reference, constitute the entire agreement between us regarding the Sites, Materials, Content, or your use of these items; and supersedes any previous written or oral communication regarding use of the Sites.
We may revise this Agreement or Terms at any time, and you agree to be bound by the revised Agreement or Terms. Any modifications will become effective on the date they are first posted to the Sites. You are responsible to regularly review the Agreement and Terms, and we have no obligation to notify you of changes to this Agreement or Terms.
If these Terms are unlawful, conflicting, void, or unenforceable, then that provision is severable from the remaining provisions and will not affect their validity or enforceability. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be enforced to the fullest extent of the law, and all other provisions will remain in full force and effect.