Terms of Service


OVERVIEW

Welcome to BPMRoasters.com and BPMCoffee.com, this website is owned and operated by BPM Roasters, LLC. While browsing our site, the terms “we, “us” and “our” refer to BPM Roasters. We offer this website, including all information, tools and services available to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

While visiting us at this website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). This may include additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service will be applicable to all users including, but not limited to: browsers, vendors, customers, merchants, and/or contributors of content.

Please take the time to read through the following Terms of Service before accessing or using our website. By accessing or using our website in any way, you agree to be bound by these Terms of Service. If you do not agree to the Terms and Conditions set forth, then you may not access our website or use any of the services made available. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Should a new feature, product or service be added to the current store, it shall also be subject to the Terms of Service. This page will always display the most current version of the Terms of Service for your review. At any time, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. As a visitor/user, it is your responsibility to check this page for any changes. Continued access to or use of our website following the posting of any changes constitutes acceptance of those changes.

Our website/web-store is hosted on Squarespace. Squarespace provides us with a safe, secure platform that allows us to offer our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Use of our products or services for any illegal or unauthorized purpose is prohibited. Nor may you, in the use of this Service, violate any laws in your jurisdiction including but not limited to copyright laws.

You must not use this website to transmit any viruses or destructive code. Any breach or violation of any of the Terms will result in an immediate loss of access to our Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right, at any time, to refuse our services to anyone, for any reason.

You understand that your information (not including credit card information), may be transferred unencrypted and involve (A) transmissions over various networks; and (B) changes to conform and adapt to technical requirements of connecting networks or devices. While being transferred over networks, credit card information is always encrypted.

You agree to not exploit any portion of, use of, or access to the Service in any way. This includes, but is not limited to any action taken to reproduce, duplicate, copy, sell, or resell any of our products without express written permission from BPM Roasters, LLC.

The headings used to outline this agreement are only used for convenience. This shall not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We will not be responsible for any information on this site that is not complete, accurate or current. Any and all content made available on this site is intended to be used as general information only, and should not be relied upon or used as the sole basis for making decisions without further consultation of a more complete and accurate primary source of such information. Rely solely on the information available on this site at your own risk.

This site may contain historical information. This information may not necessarily be current and is provided for reference purposes only. We reserve the right to modify our content as we consider appropriate and are under no obligation to update any of the information on our site. By using this site, you agree that is it your responsibility to monitor any changes we make.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right to: (A) change the prices for any of our products without notice. (B) modify or discontinue the Service, or any of its contents, without notice at any time.

We shall not be held liable to you or to any third-party for price changes, modifications, suspension or discontinuation of the Service.

SECTION 5 - PRODUCTS OR SERVICES

 Specific products and/or services that we offer may only be available through our website. These products or services may be subject to limited quantities and/or exceptions to our Return Policy.

We have taken the necessary steps to display as accurately as possible the colors and images of our products that appear in our web-store. We cannot guarantee that your device’s display of any color will be accurate.

We reserve the right, without obligation, to limit the sale of our products or Services to any person or geographic location/jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit, for any purpose, the quantities of any product or service that we offer. All pricing and descriptions of products, including photos, descriptions and tasting notes are subject to change without notice at our sole discretion. Any offer, for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 We reserve the right to refuse or deny any order that is placed on this site. We may, in our sole discretion, limit or cancel quantities purchased per person, per order or per household. These restrictions may include, but are not limited to orders placed by or under the same customer account, credit card, or shipping/billing address. In the event that we alter or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time of purchase. We reserve the right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors.

By engaging in our Service, you agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may complete your transactions and contact you as needed.

 Please review our Return Policy for more information regarding returns, exchanges and credits.

SECTION 7 - OPTIONAL TOOLS

While using this site, we may provide you with access to third-party tools over which we have no ability to monitor or control input.

You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. The use of third-party tools is done so at your own risk, and we shall have no liability whatsoever arising from, or related to your use of said tools. Ensure that you accept the terms under which you are engaging with such tools by reviewing the terms provided by the relevant third-party.

We may choose to add new services and/or features at any time through the website. Any new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – INTERACTION WITH THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER INTERACTION

If, with or without our request, you submit any form of ideas, suggestions, proposals, plan or other materials by any way of communication (online, on this site or otherwise) you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, at our discretion, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

By interacting with this site, you agree not to violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You also agree to not mislead us or any third-parties by interacting with this site under a false email address or identity. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Submission of personal information through our store is governed by our Privacy Policy. You can view our Privacy Policy here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, typographical errors, inaccuracies or omissions may occur on our site or in the Service. These may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Except as required by law, we are under no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USE OF SITE/SERVICE

Among other prohibited uses set forth in the Terms of Service, be advised that you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 –DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES

We do not guarantee, represent or warrant that: (A) your use of our service will be uninterrupted, timely, secure or error-free, (B) the results that may be obtained from the use of the service will be accurate or reliable.

We reserve the right to remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You agree that your use of, or inability to use the site and the Service is done so at your own risk. The service, and all products delivered through the service are provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall BPM Roasters, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless BPM Roasters and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 161 Saw Mill River Road, Yonkers, New York 10701

 SECTION 19 - CHANGES TO TERMS OF SERVICE

To review the most current version of the Terms of Service at any time, please visit this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@bpmroasters.com