Terms and Conditions
This Un Momento Coffee site, located at http://www.unmomentocoffee.com/ (the “Site”), is owned and operated by Farmer Bros. Co., a Delaware corporation (referred to in these Terms and Conditions as “Farmer Bros. Co.,” “us,” “our” and/or “we”).
Your access to and use of the Site is governed by these Terms & Conditions (these “Terms”), and these Terms constitute a legally-binding agreement between you and Farmer Bros. Co. These Terms apply only to your use of the Site and do not apply to any of our offline transactions with you.
PLEASE READ these Terms before you use the Site. Your use of the Site signifies that you have read and agree with all of these Terms, so please don’t use the Site if you don’t agree with any of them. If you are acting on behalf of an entity, you represent that you have full authority to bind your entity to these Terms. If you do not have such authority, do not use the Site. You acknowledge and agree these Terms are supported by reasonable and valuable consideration (which consideration includes your use of the Site), and you acknowledge your receipt of and the sufficiency of the consideration.
We reserve the right to update and revise the Site and these Terms at any time. We will post any new or revised Terms here, and you should review these Terms regularly to make sure that you are aware of any changes. You can determine if these Terms have been revised since your last visit by referring to the effective date and last updated date (if any) at the top of these Terms. If changes are significant, we may also notify you of such changes to these Terms by posting a notice on the home page of the Site. Your use of the Site following such revision constitutes your acceptance of these Terms as revised by us, and the revisions will apply to your use of the Site on and after the date on which we post the revised Terms to the Site.
We reserve the right, without notice and for any reason, to remove any content on the Site; to modify, suspend, or discontinue the Site or any portion of the Site; and/or to deny the access of any user or users to all or any part of the Site.
IMPORTANT: See information below in the sections titled “Limitations of Liability and Disclaimers,” “Indemnity,” and “Governing Law; Dispute Resolution” regarding the limitations of our liability and our disclaimers pertaining to your use of the Site, regarding your indemnification obligations pertaining to your use of the Site, and regarding the resolution of disputes between you and us pertaining to your use of the Site.
The Site is controlled and operated from the United States, and is not intended to (and shall not be deemed to) subject us to non-U.S. jurisdiction or laws. We provide the Site for use only by U.S. residents. The Site may not be appropriate or available for use in some jurisdictions outside of the United States, and use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms. If you access the Site, you do so at your own risk, and you agree to comply with all applicable local, state, and federal laws, rules, and regulations in connection with your use of the Site. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Use of the Site; Conduct on the Site
You may use the materials and information found on the Site for informational purposes only. You agree that you will NOT reproduce, rent, lease, loan, sell, offer to sell, distribute, publish, transmit, display, transfer, modify, adapt, translate, reverse engineer (except to the extent this restriction is prohibited by law), decompile, disassemble, or create derivative works from or otherwise exploit the Site, any portion of the Site, or any information or materials found on the Site in any way.
Users of the Site are expected to respect the rights and dignity of others. Specifically, you agree not to:
- Use the Site for any fraudulent or unlawful purpose or any purpose prohibited by these Terms.
- Use the Site to violate the legal rights of others or harvest or collect information about other Site users.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of our networks.
- Transmit or otherwise make available in connection with the Site any virus, worm, spyware, or other computer code, file, or application that may be harmful or invasive or may be or is actually intended to damage or overtake the operation of, or to monitor the usage of, any hardware, software, or equipment.
- Restrict or inhibit any other person from using the Site (including without limitation by defacing the Site or any part thereof).
- Violate the rights of any third party or breach any contract with or duty owed to any third party.
- Remove any copyright, trademark, or other intellectual property rights notice from the Site or materials originating from the Site.
- Frame or mirror any part of the Site without obtaining our prior written consent.
- Create a database by downloading and saving content from the Site.
- Attempt to gain unauthorized access to the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Site. You may not attempt to defeat any security measures that we take to protect the Site.
- Use any manual or automatic site search/retrieval computer hardware or application to retrieve or in any way gather Site content or reproduce or circumvent the structure or presentation of the Site without our prior written consent. Operators of search engines are hereby granted a limited permission to use retrieval applications to reproduce materials from the Site for the purpose of and only to the extent necessary for creating publicly available searchable indices of content on the Site and only in connection with each operator’s public online search service. We reserve the right to revoke this permission in whole or in part.
You acknowledge the unauthorized use of the Site and/or the materials and information found on the Site could cause irreparable harm to us and that in the event of an unauthorized use, we will be entitled to any and all remedies available at law or in equity, including, without limitation, injunctive relief, without the necessity of proving monetary damages or posting a bond or other security.
We have the right, but not the obligation, at any time and with any frequency in our discretion, to audit your use of the Site to determine your compliance with these Terms.
Your use of the Site constitutes your acknowledgment of and agreement to our Privacy Statement, and you acknowledge that you have read and understand our Privacy Statement. For information on how we use information collected through the Site, view our Privacy Statement here http://www.unmomentocoffee.com/privacy-policy/
Accuracy of Information
We attempt to ensure that information on the Site is complete, accurate, and current. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete, or out of date. We make no representation as to the completeness, accuracy, or timeliness of any information on the Site.
Our Intellectual Property Rights
We only grant you a non-transferable, non-assignable, non-sublicensable, non-exclusive, revocable, and limited license to access and use the Site and information and materials made available on the Site, provided that you comply with these Terms. We and our respective licensors and suppliers, manufacturers, and distributors exclusively own all rights, titles, and interests in and to the information and materials made available on the Site; the selection, arrangement, and presentation of all such information and materials (including information in the public domain); the overall design, “look and feel,” color combinations, and other graphical elements of the Site; and all copyright, trademark, and other proprietary rights in and to the foregoing.
Trademarks and service marks we use on the Site represent only some of the marks we currently own or have the right to use in the United States and/or in other countries. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all of our trademark rights, and we may own and control other trademark rights. All rights not expressly granted are reserved. Your use of the marks displayed on the Site without our prior written consent is strictly prohibited.
All trademarks and service marks on the Site not owned by us are the property of their respective owners.
Other websites may link to the Site with or without our authorization, and we may block any links to or from the Site. Additionally, we may provide tools to allow you to link to the Site directly from a third-party site; if you do link to the Site (whether using such tools or otherwise), you agree that you will disable and remove any such link promptly upon our request.
At times, we may advertise third-party promotions on our Site, which are offered by unrelated entities. Unless otherwise specifically indicated on our Site in connection with such a third-party promotion, Farmer Bros. Co. does not sponsor, endorse, or offer such promotions. Rather, by including such promotions on our Site, we simply provide an additional means for you to become aware of the third-party promotions, as a service to you. And, unless otherwise specifically indicated on our Site in connection with such a third-party promotion, Farmer Bros. Co. will not receive any compensation or other benefit from the inclusion of the promotion on our Site. By entering such a third-party promotion, you will provide your personal information to the promotion sponsor(s) and/or administrator(s) and not to Farmer Bros. Co. By entering such a third-party promotion, you agree that Farmer Bros. Co. shall have no responsibility for, and you agree to release Farmer Bros. Co. and its subsidiaries and divisions and each of their officers, directors, shareholders, members, employees, agents, and representatives from, any and all liability arising out of or relating to the promotion; any express or implied representations made by the sponsor(s) and/or administrator(s) of the promotion; your submission of personal or other information to the promotion sponsor(s) and/or administrator(s); such sponsor(s), administrator(s), or any third party’s use of your information; your receipt or use of third-party products or services obtained through the promotion; and/or your failure to receive products or services through the promotion. Farmer Bros. Co. reserves the right to remove any third-party promotion advertised on our Site at any time.
Limitations of Liability and Disclaimers
THE SITE AND ALL INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND. YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SITE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SITE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.
WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL STATUTORY AND IMPLIED REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND ALL INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, SUITABILITY, TIMELINESS, RELIABILITY, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SITE OR ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE WILL BE COMPATIBLE WITH THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION OR WARRANTY THAT COMMUNICATIONS THROUGH THE SITE WILL BE SECURE AND NOT INTERCEPTED. IF YOUR USE OF THE SITE OR THE MATERIAL CONTAINED ON THE SITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA, OR OTHER ITEM, THEN WE WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, ENHANCED, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES) ARISING OUT OF (i) YOUR USE OF OR INABILITY TO USE THIS SITE; (ii) ANY INFORMATION OR MATERIALS OBTAINED ON OR THROUGH THE SITE; (iii) any third-party promotion advertised on our Site; OR (iv) ANY OTHER MATTER RELATING TO THE SITE, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS “LIMITATIONS OF LIABILITY AND DISCLAIMERS” SECTION OF THESE TERMS ARE A MATERIAL PART OF OUR AGREEMENT. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. HOWEVER, IN ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CLAIMS, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY YOU DIRECTLY TO US IN CONNECTION WITH THE EVENTS THAT GAVE RISE TO YOUR CLAIM; OR, IF YOU HAVE NOT PAID US ANYTHING IN CONNECTION WITH SUCH EVENTS, THEN OUR MAXIMUM LIABILITY TO YOU WILL BE USD 50.00. NOTWITHSTANDING THE FOREGOING SENTENCE, IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
No statements, whether oral or written, made by any director, officer, SHAREHOLDER, MEMBER, employee, agent, OR REPRESENTATIVE of US or made on this site may be deemed as a representation or warranty on behalf of US in contradiction to any provision of these terms.
You expressly waive California Civil Code Section 1542 (and any similar laws in other jurisdictions), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
While we try to maintain the security of the Site, we do not guarantee that the Site will be secure or that any use of the Site will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alterations to or use of the Site or any other breach of security, contact us at email@example.com. Additional information regarding the security of your information is included in our Privacy Statement, located here: http://www.unmomentocoffee.com/privacy-policy/
Except to the extent prohibited under applicable law, you agree to indemnify, hold HARMLESS, and (out or election) defend us AND OUR SUCCESSORS AND ASSIGNS (AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES) FOR, from, and against all claims, damages, LIABILITIES, losses, judgments, demands, AWARDS, and costs and expenses (including attorneys’ fees AND COSTS) arising out of (a) your use of, or activities in connection with, the Site or materials or information made available on the Site; (b) your INFRINGEMENT, MISAPPROPRIATION, OR OTHER violation of rights of any third party through your use of the Site; and/or (c) YOUR VIOLATION OF ANY LAW, RULE, OR REGULATION OR YOUR violation of these Terms OR BREACH OF YOUR REPRESENTATIONS OR WARRANTIES IN THESE TERMS.
There is no guarantee that we will continue to offer or provide the Site, and we may simply suspend or discontinue the Site (or any part thereof) at any time for any reason and without notice to you. We have the right to remove any content from the Site or to modify the Site at any time. Unless prohibited by law, we may, at any time and for any reason and in addition to all other rights and remedies, terminate your access to or use of the Site. If we terminate your access to the Site, you will not have the right to bring claims against us or our affiliates with respect to such termination. We shall not be liable for any termination of your access to the Site. We may take steps that we believe are appropriate to enforce or verify compliance with any part of these Terms (including without limitation our right to cooperate with any legal process relating to your use of the Site or any third party claim that your use of the Site is unlawful, or to enforce or defend our rights). Accessing the Site after such termination will constitute an act of trespass, among other potential claims.
Your Discontinued Use
You may discontinue use of the Site at any time. These Terms will continue to apply to all past use of the Site by you, even if you are no longer using the Site, whether voluntarily or because we terminated your access to the Site.
Governing Law; Dispute Resolution
You hereby agree that these Terms (and any claim or dispute arising in connection with these Terms or your use of the Site) are governed by and shall be construed in accordance with the laws of the State of Texas, United States of America, without regard to its principles of conflicts of law. You consent to the exclusive jurisdiction and venue of the federal and state courts located in Dallas, Texas, and you waive any jurisdictional, venue, or inconvenient forum objections thereto. You agree that any dispute arising between you and us under these Terms (including without limitation relating to your use of the Site) will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree to waive your right to a jury trial in connection with any action or litigation arising out of or related to these Terms (including without limitation relating to your use of the Site). You further agree that, regardless of any statute or law to the contrary, you must file any claim or cause of action against us arising out of or relating to these Terms or your use of the Site within one (1) year after such claim or cause of action arose, or forever be barred.
Information or Complaints
If you have any questions or complaints regarding the Site, please contact us at:
Farmer Bros. Co.
13601 North Freeway, Ste. 200
Ft. Worth, TX 76177
Ability to Agree to these Terms; Intended Users
The Site is intended for adults only. By accessing or using the Site, you affirm that you (i) are eighteen (18) years old or older, or that you are between the ages of thirteen (13) and seventeen (17) and possess legal parental or guardian consent to use the Site; (ii) are a United States resident; and (iii) have authority to agree to these Terms and are competent and capable of understanding and complying with these Terms.
These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, then the unenforceable provision will be deemed superseded by an enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full force and effect. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Farmer Bros. Co. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. These Terms hereby incorporate by this reference any additional terms, conditions, or policies that we post on the Site (including, without limitation, our Privacy Statement) and, unless otherwise expressly stated herein, these Terms represent the entire agreement between you and us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Unless otherwise set forth in these Terms, notices to you may be made via posting to the Site, and 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. You agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings, based upon or relating to these Terms and/or your use of the Site, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site. Any rights not expressly granted in these Terms are reserved by us.
Forward-Looking Statements; Securities Laws
Certain statements on the Site regarding the risks, circumstances, and financial trends that may affect our future operating results, financial position, and cash flows are not based on historical or current fact and are forward-looking statements within the meaning of federal securities laws and regulations. These statements are based on our management’s current expectations, assumptions, estimates, and observations of future events and include any statements that do not directly relate to any historical or current fact. These forward-looking statements can be identified by the use of words like “anticipates,” “feels,” “estimates,” “projects,” “expects,” “plans,” “believes,” “intends,” “will,” “assumes,” and other words of similar meaning that relate to or indicate future operations or financial performance. Owing to the uncertainties inherent in forward-looking statements, actual results could differ materially from those set forth in forward-looking statements. We intend these forward-looking statements to speak to and apply only at the time they are posted to the Site, and we do not undertake to update or revise these statements as more information becomes available except as required under federal securities laws and the rules and regulations of the SEC. Factors that could cause actual results to differ materially from those in forward-looking statements include, but are not limited to, fluctuations in availability and cost of green coffee, competition, organizational changes, our ability to successfully integrate acquisitions, the impact of a weaker economy, business conditions in the coffee industry and food industry in general, our continued success in attracting new customers, variances from budgeted sales mix and growth rates, weather and special or unusual events, and changes in the quality or dividend stream of third parties’ securities and other investment vehicles in which we have invested our assets, as well as other risks and factors that may be described from time to time in our filings with the SEC or other securities-related documents.
The Site and the information contained in the Site do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained on the Site is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Prior to making an investment decision related to Farmer Bros. Co., please review all possible sources of current information; including, without limitation, our filings with the U.S. Securities and Exchange Commission, and specifically, our most recent earnings release and our most recent Form 10-Q or Form 10-K for more information on the risk factors that could cause our actual results to differ materially from those contained in our forward-looking statements.
©2016 Farmer Bros. Co. All Rights Reserved.