Terms

Introduction

These conditions may be modified when deemed necessary, so be sure to check them periodically as your continued use of the site signifies your acceptance of any changed items.

Your use of this web site, facebook site, or other social media channel (collectively, “site”) owned and/or operated by ECS Coffee Inc. constitutes your acceptance of the following conditions. Please familiarize yourself with them. If you do not agree with these conditions, please discontinue usage of this site.

Rules of Use

You also agree that you will not engage in prohibited conduct while using this site. By way of illustration and not limitation, prohibited conduct includes the following:

• users of this site must be eighteen (18) years of age or older, or have the consent of a guardian/parent;
• attempt to access any area of the site that you are not authorized to access or to access the site by means other than through the interface that is provided by ECS Coffee Inc.;
• interfere or attempt to interfere with the proper working of the site or any application or link;
• take any action that imposes an unreasonable or disproportionately large load on the site’s infrastructure;
• reverse engineer or otherwise attempt to discover any source code relating to the site or any application;
• send any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other information that may damage the site or other information, data, or the operation of ECS Coffee Inc.’s systems and property;
• use the site for any unlawful or harmful purpose or to defame or harass anyone, or use them other than in full compliance with applicable law;
• use any robot, spider or other automatic device not provided by ECS Coffee Inc.; or
• use the site or any application for any commercial use;

Restrictions of Use

The text, images, graphics, video and/or their arrangement on ECS Coffee Inc.’s sites are all subject to intellectual property right protection and such material from ecscoffee.com and any other site owned, operated, licensed or controlled by ECS Coffee Inc. may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of ECS Coffee Inc. Modification or use of the materials for any other purpose violates ECS Coffee Inc. intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site, but remain with ECS Coffee Inc., who owns full and complete title to the material in this site.

Personal Use

Without the expressed written consent of ECS Coffee Inc., no information or material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials onto any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on this site and any content accessed through this site. You are hereby advised that ECS Coffee Inc. will enforce its intellectual property rights to the fullest extent permitted by law.

Submissions & Feedback

You will use this site and any content, material, or information found on this site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through, this site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or that contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through this site. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through this site. Any conduct by you that in ECS Coffee Inc.’s discretion restricts or inhibits any other user from using or enjoying this site will not be permitted.

The foregoing provisions of this section are for the benefit of ECS Coffee Inc., its affiliates and related companies and each shall have the right to assert and enforce such provisions directly or on its own behalf. Our policy is not to accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed idea, your message will be treated as non-proprietary and non-confidential and, by doing so you agree that it becomes, without further compensation to you, our sole and exclusive property and may or may not be used by us for any purpose.

Warranties & Limitation of Liability

The information contained on this site is for informational purposes only and it is not intended to meet any particular user’s need. Documents provided on this site are provided as a service only, and do not constitute official versions of such documents. ECS Coffee Inc., its affiliates and related companies, expressly disclaim any and all representations, warranties and conditions, express and implied, including, without limitation, any and all representations and warranties of title and non-infringement, and all implied warranties and conditions of merchantability, fitness for any particular purpose, suitability for any particular purpose, and any representations, warranties or conditions arising from any course of dealing or usage of trade, with respect to this site or the content contained in or accessed through this site.

Neither ECS Coffee Inc. nor its affiliates and related companies makes any representations or warranties as to the accuracy, timeliness, reliability, truthfulness or completeness of this site or the content contained in or accessed through this site, including, but not limited to, the contents of any content, information, material, or posting found on this site, any services provided through this site, or any links to other sites made available on this site or the content contained on such site(s), or as to the continuous or error free use and operation of the internet or this site.

Neither ECS Coffee Inc. nor its affiliates and related companies makes any representations or warranties that this site or access to and use of this site will be uninterrupted, error free, or free from defects, viruses or other harmful components. You expressly agree that use of this site is at your sole risk.

Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation and fundamental breach shall ECS Coffee Inc. or its affiliates and related companies be liable for any direct, indirect, incidental, special or consequential damages or any loss that result from the use of, or the inability to use, any content, information, material, or postings on this site, directly or indirectly, or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither ECS Coffee Inc. nor its affiliates and related companies be liable for any defamatory, offensive or illegal conduct of any user, including you.

Intellectual Property

All copyright and other intellectual property rights in all text, images and other materials on this site are the property of ECS Coffee Inc. or are included with the permission of the relevant owner.

You are permitted to browse this site, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. No reproduction of any part of this site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or site.

The logos and services displayed on this site belong to ECS Coffee Inc. Nothing contained on this site should be construed as granting any license or right to use any logo and services displayed on this site. Your use/misuse of the logos and services on this site, or on any other content on this site, except as provided for in these Terms & Conditions, is strictly prohibited. You are also advised that ECS Coffee Inc. will enforce its intellectual property rights for serious offences.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless ECS Coffee Inc., its affiliates and related companies from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: your breach of these provisions; or (ii) your use of this site, the content contained in this site and the placement or transmission of any information or other materials on this site made by you or others using your account. You agree to promptly notify ECS Coffee Inc. immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. ECS Coffee Inc. reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.

Recourse

If you are dissatisfied with this site or these provisions, your sole and exclusive remedy is to discontinue using this site. In such an event, you agree to destroy all materials obtained by you on this site and all copies thereof. These provisions shall survive any such termination.

Malware and/or Viruses

ECS Coffee Inc. also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this site or your downloading of any materials, data, text, images, video, or audio from this site.

© 2015 ECS Coffee Inc. All Rights Reserved.

Updated: September 25, 2015