Terms & Conditions

Welcome to the website of mountcomfortcoffee.com (the “Company”, “we” or “us”). The following terms and conditions, along with the Privacy Policy below (collectively, the “Terms of Use”), govern your access to and use of mountcomfortcoffee.com, including any content, functionality and services offered on or through mountcomfortcoffee.com (the “Website”).

Please read the Terms of Use carefully before you use or access the Website. By using the Website (and, additionally, by clicking to accept or agree to the Terms of Use when this option is made available to you), you accept and agree, without modification, to be bound and abide by these Terms of Use.If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements to use the Website. If you do not meet all of these requirements, you must not access or use the Website.

User Information.To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy below, which may be amended and updated from time to time, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Protection of Account Information.If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree that you are liable for purchases made through your mountcomfortcoffee.com account and are responsible for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if, in our opinion, you have violated any provision of these Terms of Use.

Product Information. We attempt to ensure that all information on the Website relating to our products and services is accurate and current.However, the information may occasionally be inaccurate, incomplete, or out of date, and we make no representation as to the completeness and accuracy of any information on the Website. All products and prices on the Website are subject to change at any time without notice, and we cannot guaranty the availability of any product. We disclaim all liability and responsibility arising from any reliance placed by you on any product information contained on the Website.

Return Policy for Coffee. We are committed to ensuring that you are satisfied with your coffee purchase. If you have any issues with your coffee, or if there are errors in your order, please contact us within seven (7) calendar days of receiving your coffee order. We offer exchanges, replacements, and in cases where it is appropriate, refunds on coffee orders within seven (7) calendar days of your receipt of the order. Please tell us immediately if something is wrong with your order so we can resolve your issue in a timely manner. Your shipping costs may or may not be refunded based on the value of the order.

Return Policy for Merchandise.We would like you to be satisfied with all of your purchases. All returns or exchanges on non-perishable items must be completed within fourteen (14) calendar days from the purchase date. Items cannot be used prior to your return or exchange. Please contact us at ___________________ with your order number, name, reason for a return/exchange, and the item and quantity you wish to return/exchange. We will contact you with information on how your return will be processed.

Linking to Website or Social Media.You may link to the Website, 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 without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Prohibited Use.You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; or (iii) to transmit or post any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage illegal activity or result in any legal liability.

Intellectual Property Rights.The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website without our express written permission.

Trademarks.The Company’s name, logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any Company or third-party trademarks. If you believe that material located on the Website violates your copyright, you are encouraged to notify us immediately at __________________.

Third Party Links.If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. By linking to a non-Mount Comfort Coffee website or webpage, we do not represent or imply that we endorse such website or webpage. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Indemnification. You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Disclaimer.THE INFORMATION AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR, IMPROPER USE OR STORAGE OF A PRODUCT, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, OR NON-COMPLIANCE WITH ANY LAW.

ALL THIRD-PARTY PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THE RESPECTIVE THIRD-PARTY MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS, AND WE DO NOT PROVIDE ANY WARRANTIES ON ANY THIRD-PARTY PRODUCTS. IN THE EVENT OF ANY PROBLEM WITH ANY SUCH PRODUCTS, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS DIRECTLY FROM THE THIRD-PARTY MANUFACTURERS, DISTRIBUTORS OR SUPPLIERS OF SUCH PRODUCTS.

THE DISCLAIMERS SET FORTH HEREIN DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Limitation of Liability.In no event will the Company, or its suppliers or licensors, be liable with respect to any subject matter of these Terms of Use under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the payments or fees paid by you to us for the product or service in question.

You agree that your sole remedy is to cease using the Website. The liability limitations set forth herein do not apply to the extent prohibited by law.

Waiver and Severability.No waiver of by the Company of any term or condition set forth in these Terms of Use 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 the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Changes to the Terms of Use.We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. We will post the most recent date that these Terms of Use were modified at the bottom of this page; however, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Miscellaneous. These Terms of Use constitute the entire agreement between the Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Company, or by the posting by the Company of a revised version of these Terms of Use. Except to the extent applicable law, if any, provides otherwise, these Terms of Use, your purchase of any of our products and any access to or use of the Website will be governed by the laws of the State of Arkansas, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Fayetteville, Arkansas.

Comments.We welcome your feedback and comments with respect to these Terms of Use, the Website and our products and services. All feedback, comments, requests for technical support and other communications relating to the Website should be directed to ___________________.

Last Updated:September 16, 2016