Wild Coffee Content Terms of Service
Last updated: April, 2020
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING WWW.WILDCOFFEECONTENT.COM AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF WILD COFFEE CONTENT.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the http://www.wildcoffeecontent.com website (the “Service”) operated by Wild Coffee Marketing, LLC. (“us”, “we”, or “our”).
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Wild Coffee Content, an extension of Wild Coffee Marketing LLC., located at 3679 Spanish Oak Pt., Davie FL and our subsidiaries and affiliates, in association with the use of the Wild Coffee Content website, which includes http://www.wildcoffeecontent.com and its Services.
Any and all visitors to our site shall be deemed as “Users” of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made accessible through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Wild Coffee Content. At its discretion, Wild Coffee Content may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise specified. Wild Coffee Content does hereby reserve the right to cancel and cease offering any of the Services and/or products. You, as the end user acknowledge, accept and agree that Wild Coffee Content shall not be held legally responsible for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services immediately.
Additionally, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Wild Coffee Content shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Wild Coffee Content does not own any data, information or material that You or others incorporate or submit to the Service in the course of using the Service (“Uploaded or Synchronized Data”). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Uploaded or Synchronized Data that You submit. Wild Coffee Content shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded or Synchronized Data.
The Customer and/or User are fully liable for the legality of all Uploaded or Synchronized Data stored by the Customer and/or User on the Service. In addition, the Customer and/or User is fully liable, if such Uploaded or Synchronized Data is infringing upon third party rights, and accordingly agrees to indemnify Wild Coffee Marketing, LLC. for all claims and losses related to such breach and/or illegality.
If Wild Coffee Marketing, LLC. on its own or through any third party has notice that Uploaded or Synchronized Data stored by the Customer and/or User is in violation of any law or disobeys third party rights, Wild Coffee Marketing, LLC. shall have the unrestricted right to immediately suspend access to such data without prior notice to the User or Customer, without being held liable to the Customer or User. The Customer and/or User may be notified by Wild Coffee Content of any such action under this Section, when reasonable and possible.
For Wild Coffee Content Accounts, the administrator shall have control over all applicable uploaded data submitted to the Service, and all uploaded data will be considered to be owned by and the property of the applicable organization. Upon request by the applicable administrator, Wild Coffee Content may remove, modify, edit or otherwise alter any applicable uploaded data.
Payment for Services under a Wild Coffee Content Account shall be at prices and under terms stated on the wildcoffeecontent.com website, or as otherwise stated or quoted by Wild Coffee Content. All prices are exclusive of taxes, which may or may not be added to the price, depending on applicable law and the legal residence of the Customer.
Wild Coffee Content is allowed to adjust the rates, functionality and number of Users for the Service within its sole and absolute discretion. Adjusted rates shall take effect upon any subsequent term of the Service. By agreeing to the terms of this Agreement, You hereby authorize Wild Coffee Content to automatically charge the form of payment provided by You for any subsequent term of Service.
In case of lack of payment for any reason or any violation of this Agreement, Wild Coffee Content is entitled to immediately remove Customer’s access to the Service and Account in question, and to terminate Customer’s Wild Coffee Content Account, without being held liable. Customer agrees and acknowledges that Wild Coffee Content has no obligation to retain Uploaded or Synchronized Data and that such Uploaded or Synchronized Date may be irretrievably deleted if the account is forty-five (45) days or more delinquent.
Right of Use
The right of use is always conditioned on compliance with the terms of this Agreement, and for Customer, prompt and timely payment regarding the Service. Breach of any term of this Agreement, or lack of payment or delay in payment shall terminate any right of use granted to the User and Customer under this Agreement.
The Service may not be used in any way that is illegal or promotes illegal activities or in a manner that might be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or is otherwise indecent.
You may use the Service only for your internal business purposes and shall not use the Service for any illegal, obscene, unlawful, violent, or discriminatory activities, or any other activity that can disrupt the integrity or performance of the Service or the data contained therein.
Access to the Service is only available to the Customer and Users, subject to compliance with this Agreement and, in the case of Customer, making the applicable payments for the Service under this Agreement.
All accounts, usernames and passwords are personal, and are considered part of Confidential Information. The User or Customer is always fully liable for all actions and omissions by Users whom the Customer has permitted access and agrees to indemnify Wild Coffee Content for all claims and losses related to such actions and omissions.
You are responsible for all activity occurring under your Wild Coffee Content Account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations, which are required, by your employer and/or the Users of your account.
All users herein agree to insure and hold Wild Coffee Content our subsidiaries, affiliates, agents, employees, officers, and/or partners blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Wild Coffee Content Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
Commercial Reuse of Service
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Wild Coffee Content’s sites.
Wild Coffee Content shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Either Wild Coffee Content or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Wild Coffee Content shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You do hereby acknowledge and agree that Wild Coffee Content’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Wild Coffee Content or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Wild Coffee Content Services (e.g. Content or Software), in whole or part.
Wild Coffee Content herein has granted You personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Wild Coffee Content for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF WILD COFFEE CONTENT SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. WILD COFFEE CONTENT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- WILD COFFEE CONTENT AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WILD COFFEE CONTENT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) WILD COFFEE CONTENT SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WILD COFFEE CONTENT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF WILD COFFEE CONTENT SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM WILD COFFEE CONTENT OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WILD COFFEE CONTENT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In the event you have a dispute, you agree to release Wild Coffee Marketing, LLC. and Wild Coffee Content (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
Exclusions and Limitations
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Third Party Beneficiary
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Wild Coffee Content may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
Scope of Service
It is your obligation to provide all data required to enable us to provide the Services requested. Your communications with us regarding matters raised in this Service are confidential. That means, in most cases our communications cannot be disclosed to third parties without your consent and approval. Although we will perform the Services to the best of our ability, we cannot and have not made any guarantees regarding the outcome of any services that we perform. Any discussions that we have with you about the outcome of any matter are our best professional estimates only and are limited by our knowledge at the time they are made. These statements about outcomes are not guarantees of future performance and unjustified reliance should not be placed on them. Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause actual performance and results in future periods to differ considerably from any predictions of future performance or result expressed or implied by such forward-looking statements.
Unless clearly authorized in writing by the other party, neither party shall disclose to any third party any Confidential Information of the other party, nor use such Confidential Information in any manner other than to perform its duties under this Agreement. Confidential Information means any non-public information and/or materials provided by a party under this Agreement to the other party and reasonably understood to be confidential but shall not include Uploaded or Synchronized Data.
Neither party will be responsible for any delay, interruption or other failure to perform under this Agreement due to acts beyond its reasonable control, but only for so long as such conditions persist. Force majeure events include, but are not limited to: natural disasters (e.g., lightning, earthquakes, hurricanes, floods); wars, riots, terrorist activities, and civil commotions; activities of local exchange carriers, telephone carriers, wireless carriers, Internet service providers, and other third parties; explosions and fires; embargoes, strikes, and labor disputes; governmental decrees; and any other cause beyond the reasonable control of a party.
For more information about our Terms of Service, if you have questions, or if you would like to make a complaint, please contact us by e-mail at email@example.com or by mail using the details provided below:
3679 Spanish Oak Point, Davie, Florida, 33328
Or by Phone 1-855-Coffee-5