The following terms and conditions of use (“Terms and Conditions”) apply to all visitors to or users of the www.goodearthcoffee.com website (the “Site”).
By visiting this Site, you accept without limitation or qualification these Terms and Conditions. If you do not agree to these Terms and Conditions, then you should not use this Site. Good Earth Teas, Inc. (“we” or “Good Earth”) reserves the right to change these Terms and Conditions from time to time at its sole discretion. All revisions will be posted on this web page.
You are bound by any such revisions and should therefore periodically visit this page to review the current rules and regulations. Good Earth reserves the right to seek, suspend or terminate your access to this Site without notice, as well as all remedies available by law for such violations if you violate these Terms and Conditions. These Terms and Conditions apply each time you use this Site.
All material contained on this Site is the copyrighted property of Good Earth. Good Earth hereby authorizes you to copy materials published by Good Earth on this Site solely for your personal, non-commercial use. No other use of the information is authorized. Everything you download, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Good Earth. In consideration of this authorization, you agree that any copy of these materials you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Good Earth or any third party.
ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, DESIGNS, AND PROGRAMMING ON THIS SITE IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM GOOD EARTH. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
Any unauthorized use by you of this Site terminates the limited license without prejudice to any other remedy provided by applicable law of these terms and conditions.
COMPLIANCE WITH APPLICABLE LAWS; EXPORT CONTROL LAWS
This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. You may not download or export any software or certain technical data from this Site (i) into (or to a national or resident of) any country to which the United States has embargoed goods, including without limitation, Cuba, North Korea, Iran, Syria and Sudan, or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software or technical data, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
COMMUNICATIONS TRANSMITTED TO THIS SITE, INCLUDING USER FORUMS
Any communication or material you transmit to this Site by electronic mail or otherwise, including any data, questions, comments or suggestions, or the like (“Submissions”), is, and will be treated as, non-confidential and non-proprietary. Good Earth reserves the right, but has no obligation, to: (i) review Submissions for accuracy or otherwise; (ii) edit, delete or refuse to post any Submissions that are profane, obscene, personal attacks on other individuals, slanderous, defamatory, pornographic, threatening, or harassing, or that contain any other information that Good Earth deems to be inappropriate for this Site or that in any other way violate these terms and conditions of use, as well as any applicable law; (iii) monitor and/or filter all Submissions; and/or (iv) disclose any Submission to any party for any reason or purpose, including, but not limited to, third parties to operate this Site and to comply with legal obligations or governmental requests. Good Earth may use any Submission for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting at no cost obligation to Good Earth. Good Earth may also use any idea, concept, know-how, or techniques contained in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Good Earth has no control over, and shall have no liability for any damages resulting from the use or misuse of any Submission by any third party.
Good Earth is not responsible for the views or opinions expressed by third parties. Submissions to this Site do not necessarily reflect the views of Good Earth, and Good Earth shall not assume or have any liability for any Submission. Visitors may not transmit any Submissions that are intended to promote and/or generate revenue for any third party business activity.
IMAGES OF PEOPLE AND PLACES
Images of people or places displayed on this Site, if any, are either the property of, or used with permission by Good Earth. The use of these images by you or anyone else authorized by you, is prohibited unless specifically permitted by Good Earth. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos and service marks (“Marks”) displayed on this Site are the property of Good Earth or other third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without the written permission of Good Earth or such third party that may own the Mark displayed on this Site. Your misuse of the Marks displayed on this Site, or any other content on this Site, except as provided herein, is strictly prohibited. You are advised that Good Earth will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE
If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Good Earth Teas, Inc.
Customer Services Dept.
5901 W Side Avenue, 4th Floor
North Bergen, NJ 07047
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Sites, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If we receive a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, we have also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Although Good Earth has attempted to provide accurate information on the Site, we assume no responsibility for the accuracy of the information. Good Earth may change the programs or products mentioned at any time without notice. Mention of non-Good Earth products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GOOD EARTH DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
GOOD EARTH SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ANY GOOD EARTH PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM THE SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF GOOD EARTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL.
LINKS TO THIRD PARTY SITES
This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the user’s own risk, and Good Earth is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your linking to any other site is at your own risk. You should review the terms and conditions of use and privacy policies of all third party web pages and other websites that you visit.
You agree to defend, indemnify and hold Good Earth and its affiliates and subsidiaries, harmless for any loss, damages or costs, including reasonable attorney’s fees, resulting from any third party claim, action or demands resulting from your use of this Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.
These rules and regulations shall be construed in accordance with the laws of the State of New Jersey, except that the federal laws of the United States shall govern all issues of copyright and trademark law. Notwithstanding the foregoing, no choice of law doctrine shall be used to apply the laws of any other jurisdiction.
If any provision of these terms and conditions of use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.
If you have any questions, comments or concerns about our website or these terms and conditions of use, you may contact us at:
Consumer Services Department
890 Mountain Avenue, Suite 105
New Providence, NJ 07974
Mon – Fri. 8:00AM – 8:00PM EST
This Terms and Conditions of Use Statement is effective and was last updated on 09/01/13.
Copyright © 2013 Good Earth Teas, Inc.. All rights reserved.