Effective: December 1, 2019
Use of Site/Updates to Site
This Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Site and meet all of the foregoing eligibility requirements. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you do not meet all of these requirements, you must not access or use the Site. Eight O’Clock reserves the right to change, update, revise or modify these Terms and Conditions from time to time at its sole discretion. All revisions are effective immediately when posted on this Site. You are bound by any such revisions and should therefore periodically visit this page to review the current rules and regulations. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section of these Terms and Conditions will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site. Eight O’Clock 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.
Compliance with Applicable Laws; Export Control
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.
Electronic Communications and Communications Transmitted to this Site
By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. 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. If you would like to opt out of receiving electronic communications from us you may do so by contacting us at 1-800-299-2739 or by using the unsubscribe functions at the bottom of our communications.
Any communication or material you transmit to this Site by email or otherwise, including any data, questions, comments or suggestions, or the like (“Submissions”), is, and will be treated as, non-confidential, non-proprietary and will become the exclusive property of Eight O’Clock, even if these Terms and Conditions or any other agreement you have entered into with us is later terminated or amended. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submissions you make, including its legality, reliability, appropriateness, originality, and copyright.
Eight O’Clock 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 Eight O’Clock deems to be inappropriate for this Site or that in any other way violate these Terms and Conditions, 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. Eight O’Clock may use any Submissions for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting at no cost obligation to Eight O’Clock. Eight O’Clock may also use any idea, concept, know-how, or techniques contained in any Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information. Eight O’Clock has no control over, and shall have no liability for any damages resulting from, the use or misuse of any Submissions by any third party.
Eight O’Clock is not responsible for the views or opinions expressed by third parties. Submissions to this Site do not necessarily reflect the views of Eight O’Clock, and Eight O’Clock shall not assume or have any liability for any Submissions. Visitors may not transmit any Submissions that are intended to promote and/or generate revenue for any third party business activity.
You agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms and Conditions. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. You agree that Eight O’Clock shall decide, in its sole discretion, if your conduct violates any aspect of these Terms and Conditions and that Eight O’Clockmay take whatever action it deems appropriate to address such violation, including without limitation notification of appropriate authorities and removal of your access to the Site and/or cancellation of any services.
You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any download from this Site and to ensure the compatibility of such software with our equipment.
Intellectual Property Rights
The trademarks, logos, service marks, images, trade dress on and copyrights to the content of the Site (the “Intellectual Property”) are the property of Eight O’Clock, its content providers, or licensors and protected by United States and international laws. Nothing contained on this Site should be construed as granting you, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property without the written permission of Eight O’Clock or such third party that may own the Intellectual Property displayed on this Site. Your use or misuse of the Intellectual Property displayed on or used in connection with this Site, or any other content on this Site, is strictly prohibited. This restriction includes downloading, copying, reproducing, transmitting, publicly performing, distributing, commercially exploiting, adapting, translating, or modifying any content of this Site for any purpose other than your own personal use. You are advised that Eight O’Clock will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
This Site may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Site.
• Send emails or other communications with certain content, or links to certain content, on this Site.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
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 Eight O’Clock is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. You should review the terms and conditions of use and privacy policies of all third party web pages and other websites that you visit.
Digital Millennium Copyright Act (“DMCA”) Notice
If you are an intellectual property rights owner or an agent thereof and believe any material posted to this Site infringes upon your intellectual property rights, you may file a notification of such infringement pursuant to the DMCA by providing the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such information should be sent to Eight O’Clock Coffee Company, Consumer Services Department, 5901 West Side Avenue, North Bergen NJ, 07047-6451 or by phone at 1-800-299-2739.
If a notice of copyright infringement has been filed against material posted by you on the Site, and you believe that the content is not infringing, you may send a counter notification containing the following information to Eight O’Clock Coffee Company, Consumer Services Department, 5901 West Side Avenue, North Bergen NJ, 07047-6451 or by phone at 1-800-299-2739.
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counternotice is received, Eight O’Clock may send a copy of the counter notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter notice, at Eight O’Clock’s sole discretion.
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. 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 Site 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 Eight O’Clock has attempted to provide accurate information (including any products, graphics, software, recommendations or other materials) on the Site, we assume no responsibility for the completeness, reliability or accuracy of the information. The information on this Site could include technical inaccuracies or typographical errors. Eight O’Clock undertakes no obligation to verify or maintain the currency of such information. Eight O’Clock may change the programs or products mentioned at any time without notice. Mention of non-Eight O’Clock products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
Eight O’Clock makes no warranty that (i) the operation of the Site will meet your requirements; (ii) access to the Site will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; or (iv) defects will be corrected. You (and not Eight O’Clock) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this Site.
You hereby agree to hold harmless and indemnify Eight O’Clock, and its affiliates, subsidiaries, officers, directors, agents, and employees, licensors, suppliers, partners, successors, and assigns, harmless from and against all liability, losses, damages, and costs (including without limitation defense costs and associated reasonable attorney’s fees and associated costs) associated with any claim, action, or demand brought against Eight O’Clock arising out of (a) any breach of or violation of these Terms and Conditions; (b) any information you submit, share, or upload on or to the Site; (c) any claim that information or content that you provide violates any applicable law or otherwise infringes the rights of a third party; and/or (d) 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. You shall cooperate fully in the defense of any claim. Eight O’Clock reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Governing Law and Jurisdiction
Waiver and Severability
No waiver by Eight O’Clock of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Eight O’Clock to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions shall be held by a court or other tribunal of competent jurisdiction to be 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 Site or these Terms and Conditions you may write to us at Eight O’Clock Coffee Company, 5901 West Side Avenue, North Bergen NJ, 07047-6451 or by phone at 1-800-299-2739.
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