SITE TERMS AND CONDITIONS 

 

INTRODUCTION

Welcome to our website, and thank you for visiting.  This website was developed to share information about Trinidad Coffee Company and its products and services, and to permit our website visitors and users to purchase coffees and other products from our site.  There are also areas on this site by which visitors and users can interact with each other, our company, and the public at large. It is our objective to create a hospitable and informative online community for our fans and supporters.

 

By using this website, you are agreeing to the following terms and conditions that govern use and access of this site.  Our terms and conditions also address our policies regarding product pricing, product purchases, and product exchanges and returns.  We value your privacy rights and strongly urge all users to review our terms and conditions pertaining to privacy matters.  

 

While we strive to maintain the accuracy and timeliness of the information contained in this site, please be aware that any information contained in this site, including these terms and conditions, are subject to change at any time.  From time to time, we may revise and/or modify these terms and conditions, and your continued access and use of this site signifies your acceptance of these changes, revisions and modifications. Please review these terms and conditions with each visit to stay apprised of any changes.

 

Please note that throughout the provisions contained in these terms and conditions, the word “you” (and derivatives thereof, for example “your”) is used interchangeably with the word “user” (both singular and plural).  Furthermore, the phrase “Trinidad Coffee Company” is used interchangeably with the words “our”, “we” and “us”.

 

This site, and the e-commerce platform through which users may purchase products from us, are hosted by Wix.  As such, there are certain features, functionalities, elements and aspects of this site which are beyond the control or responsibility of Trinidad Coffee Company.

 

PROHIBITED ACTIVITIES AND USES

By your use of this website, you agree to the terms and conditions set forth herein.  You further agree that said use is for your personal use only and for lawful, noncommercial purposes, and is not in any way in violation of any applicable local, state, federal or international law(s) and regulation(s).  

 

This website is the property of Trinidad Coffee Company, and as such, we will prosecute to the fullest extent permissible under law, any attempt to disable, disrupt, impair, damage or otherwise interfere with the proper working and functionality of this website.  We will also prosecute any user-created links to third-party sites that willfully perpetrate or facilitate harmful, malicious, offensive, obscene or otherwise objectionable actions, consequences, conditions or results.

 

You must be 18 years old or older to purchase products from this website and by making any purchase, you warrant that you satisfy this minimum age requirement.

​

WEB AND THIRD-PARTY LINKS

Hyperlinks to third-party sites may appear in certain areas on this site.  In the case of third-party content or links to third-party sites that we provide, we do so solely as a service, for informational purposes, and for the convenience of our site visitors and users.  We do not have any control over third-party content, nor do we endorse said content, or make any representation whatsoever regarding its accuracy, truthfulness, suitability or appropriateness. We are not responsible for any content appearing on any linked site, nor are we responsible for any action, consequence or result of clicking on a link to any third-party site.  By using this site you acknowledge that you access, open or activate said links at your own risk.  

 

Our terms and conditions do not apply to third-party sites; third-party sites are governed by their own terms and conditions which you are urged to review when navigating away from this site via hyperlink.

 

As a user of this site, you are permitted to create hyperlinks to this site for noncommercial purposes that conform with these terms and conditions.  This restricted right is non-exclusive and may be revoked at any time, and is subject to the additional specified terms and conditions governing user-created hyperlinks to this site, as follows:

 

• The linking site shall not contain any offensive, obscene, objectionable, illicit or illegal material or content;

• The Trinidad Coffee Company logo, textual depiction or other proprietary image(ry) shall not be used as any part of the link without our prior express, written authorization;

• We reserve the unrestricted right to disable, terminate or remove any hyperlink that in our sole discretion violates the terms and conditions of this site, both generally and with specific regard to hyperlinks;

• No link shall represent or characterize Trinidad Coffee Company in a defamatory, false, misleading or otherwise derogatory light;

• No link shall usurp any property, right or business goodwill of Trinidad Coffee Company;

• No link shall initiate or further any purpose that is malicious, harmful, or in violation of any local, state or federal law and/or regulation governing internet activity.

 

USER CONTENT AND SUBMISSIONS

We strive to create an open and hospitable online community with a shared passion for Trinidad Coffee Company’s products and services, and great coffee in general.  There are interactive areas on this site through which site visitors and users can submit their own materials, including but not limited to, online comments, reviews, opinions, images and other postings, submissions and content.  Your participation in these interactive areas is at your own risk, and constitutes your acknowledgement that certain submissions and content that you contribute may be on public display for other visitors and users to see. By said participation, you agree that you are solely responsible for your use and access.

We are not responsible for any loss or damage attributed to any user submission or content, whether by you or any third party.  Nor shall we be responsible for any falsehood, inaccuracy, obscenity, profanity, slander, libel or any other offensive material that you may encounter on this site.

 

Any content you post to this website must not infringe upon the intellectual property rights of another.  By posting to this website, you represent that you are over the age of 18 and that the material you post conforms with the terms and conditions herein.  In so doing, you hereby expressly grant to Trinidad Coffee Company, the royalty-free, unrestricted right and license to use, copy, reproduce, adapt, publish, distribute, and display without limitation, any words, images, and/or recordings of any form or medium, in whole or in part, that you post to this website.  Furthermore, by submitting content or posting any material, you expressly release Trinidad Coffee Company, Inc. and its employees and agents, from any claims for compensation, monetary or otherwise, for any use by us of your posted or submitted content or material.

 

We reserve the right to monitor and moderate user submissions to this site, including but not limited to comments and postings.  Should any user submission be deemed offensive, obscene, derogatory or otherwise inappropriate in the sole discretion of Trinidad Coffee Company, said submission may be edited, redacted or removed in its entirety.

 

PRODUCT INFORMATION AND PRICING

The information contained in this website is provided for general informational purposes.  We do not warrant the accuracy or completeness of this information, therefore any reliance you place on such information is solely at your own risk.  We expressly disclaim any and all liability and responsibility for any reliance you place on any information appearing on this website, and any circumstance or event arising from said reliance.

 

Reasonable effort will be made to maintain the accuracy of any information pertaining to products and goods contained in this website, including descriptions, availability and pricing.  Trinidad Coffee Company reserves the exclusive right to modify or change pricing information on this site without prior notice. In addition, without prior notice and in the sole discretion of Trinidad Coffee Company, certain products may be modified, changed or discontinued.

 

Product images and depictions appearing on this site are displayed as accurately as reasonably possible, but certain visual aspects including color and clarity, may be beyond our control and therefore the accuracy of these aspects cannot be guaranteed, particularly with regard to how they are displayed on individual users’ screens and monitors.

​

ACCOUNT REGISTRATION

While you can visit, navigate and use this site, including the making of purchases, without creating or registering for an account with us (with the exception of providing required payment and delivery information), there are certain portions of this site that do require the registration of an account in order to access certain areas and participate in certain activities.  By registering for an account through this site, you agree (1) that all information you provide in the creation of your account is accurate, complete and truthful; (2) that your account information will be current and promptly updated whenever any changes in information occur; (3) that you will take reasonable measures to maintain the security of your account, including but not limited to, safekeeping your account password and restricting unauthorized access to your account; (4) to immediately notify us if you believe that your account security has been compromised in any way; and (5) that you will create and maintain only one single account for yourself and no other individual or party.  By registering for an account through this site, you further agree to accept all responsibility for activities undertaken through your account, and assumption of all risks relating to unauthorized access.

 

We reserve the right, in our sole discretion, to refuse registration of an account, or to terminate an existing account, for violation of the terms and conditions set forth herein.

 

With regard to purchases, we reserve the right to refuse, cancel or modify any order in our sole discretion and on a case-by-case basis.  

 

TRADEMARKS AND INTELLECTUAL PROPERTY RIGHTS

Trinidad Coffee Company® and appurtenant Trinidad Coffee Company logos and marks are registered trademarks of Trinidad Coffee Company, Inc..  Any use of these trademarks without the express written authorization of Trinidad Coffee Company is strictly prohibited.

 

Any other names, logos, product and/or service designations, slogans and trademarks that may appear on this website are the protected intellectual property of their respective owners.

Your use of this website is for your personal, non-commercial purposes only.  By using this site, you acknowledge as such. Any unauthorized reproduction, distribution, copying, dissemination, publication or sharing of this website, or any portion thereof, is strictly prohibited.  This website and its entire contents, which includes but is not limited to design, layout, arrangement, information, displays, software and codes, images both still and video, graphics, features and functionality, copy and text, and other visual attributes, are the exclusive property of Trinidad Coffee Company, and are afforded the full protection of U.S. and international intellectual property laws governing trademarks, copyrights, patents and trade secrets.

 

All other rights not expressly granted or recognized, are hereby reserved by Trinidad Coffee Company.

 

INDEMNIFICATION

Each user agrees to indemnify, defend and hold harmless Trinidad Coffee Company, and its subsidiaries, affiliated companies, partners, officers, directors, agents, contractors and subcontractors, service providers, and employees, from any and all demands, claims, suits, damages, fines, penalties, liabilities, expenses and attorneys’ fees, that arise from or relate to:

 

• Use by user of this site;

• Mis-use by user of this site;

• Violation by user of any provision of these terms and conditions;

• Violation by user of a third-party’s right(s);

• Content or material submitted or posted by user to this site;

• Violation by user of any law governing user’s conduct on this site;

• User’s conduct on this site.

 

DISCLAIMERS

TRINIDAD COFFEE COMPANY OFFERS AND PROVIDES THIS SITE TO YOU “AS IS” AND “AS AVAILABLE”, AND YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK.  NO WARRANTIES (EXPRESS, IMPLIED OR STATUTORY) OR REPRESENTATIONS OF ANY KIND ARE MADE OR OFFERED BY TRINIDAD COFFEE COMPANY, INCLUDING THOSE PERTAINING TO MERCHANTABILITY, RELIABILITY, AVAILABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGEMENT.  FURTHERMORE, WE DO NOT WARRANT OR REPRESENT THAT YOUR USE OF THIS SITE WILL BE SECURE, ERROR-FREE, ACCURATE, RELIABLE, OR LAWFUL WITH RESPECT TO LAWS APPLICABLE TO YOUR USE, NOR DO WE WARRANT OR REPRESENT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR THAT ANY TRANSMISSION OF YOUR USER INFORMATION WILL BE SUCCESSFUL, COMPLETE, ACCURATE, SECURE OR ERROR-FREE.  WITH RESPECT TO COMPUTER VIRUSES AND THE LIKE, WE DO NOT WARRANT OR REPRESENT THAT THIS SITE IS VIRUS-FREE OR FREE FROM HARMFUL MATERIAL THAT MAY INFECT OR OTHERWISE AFFECT YOUR COMPUTER OR DEVICE.

 

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL TRINIDAD COFFEE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR ITS LICENSORS BE LIABLE TO USER FOR DAMAGES OF ANY KIND, ARISING FROM OR RELATING TO USER’S USE (OR INABILITY TO USE) THIS SITE OR ANY CONTENT CONTAINED THEREIN.  THIS LIMITATION OF LIABILITY SHALL INCLUDE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF GOODWILL, DATA LOSS, THEFT, DAMAGE TO OR CORRUPTION OF USER’S INFORMATION, OR INABILITY TO USE THIS SITE OR ANY OF ITS FEATURES.  THE AFOREMENTIONED LIMITATIONS OF LIABILITY ARE ASSERTED BY TRINIDAD COFFEE COMPANY WHETHER DAMAGES ARE CLAIMED UNDER THEORY OF TORT, NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE.

 

ENTIRE AGREEMENT

These terms and conditions and any other policies and rules appearing on this site represent the entire agreement between Trinidad Coffee Company and any user with respect to use of this site and any portion thereof, and supersedes any prior agreements, understandings or obligations pertaining to use of this site.  

 

Severability

In the event that any provision of these terms and conditions is deemed to be unenforceable, unlawful or otherwise void, such provision will be enforceable to the maximum extent and scope permissible under applicable law(s), and any portion not enforceable shall be severed from these terms and conditions.  Any such severance shall not affect the enforceability and validity of the provisions that remain.

 

Termination

Notwithstanding the provisions of these terms and conditions, Trinidad Coffee Company reserves the right to terminate the license of any user to use this site, or to restrict access to this site, in its sole discretion and without notice.

 

No Waiver

Any failure by Trinidad Coffee Company to enforce any term, condition, provision, or right created by, or existing under these terms and conditions, shall not constitute a waiver of such term, condition, provision or right.

 

GOVERNING LAW

Our terms and conditions, and your use of this site, are governed by the laws of the State of California without regard to this state’s rules pertaining to conflict of laws.  All users of this site expressly agree and consent to the exclusive jurisdiction of the state and federal courts of Los Angeles County over all legal matters arising from the terms and conditions, or use, of this site, with the exception of instances where the arbitration provisions of these terms and conditions are in force.

​

ARBITRATION

WITH RESPECT TO ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR PERTAINING TO OUR TERMS AND CONDITIONS, WHETHER BASED IN CONTRACT, TORT, STATUTE, COMMON LAW, EQUITABLE RELIEF, INJUNCTIVE RELIEF, OR ANY OTHER LEGAL BASIS, THE SOLE AND EXCLUSIVE FORUM FOR HEARING SUCH MATTERS SHALL BE BINDING ARBITRATION ON AN INDIVIDUAL BASIS.  THIS ARBITRATION CLAUSE SHALL SURVIVE ANY TERMINATION OF THESE TERMS AND CONDITIONS.

 

You agree that written notice of any claim or dispute pertaining to your use of this site, including a description of the nature of your claim or dispute, shall be provided to us prior to initiating an arbitration proceeding.  We will make a good-faith effort to provide an amicable resolution to the matter. If after 60 (sixty) days from the date we received your written notification, we are unable to provide an acceptable resolution, you may then initiate arbitration proceedings.

 

Arbitration of any dispute or claim hereunder shall be administered on an individual basis by the American Arbitration Association (“AAA”) and shall be conducted under the AAA’s Consumer Arbitration Rules, which can be found at www.adr.org.  This provision pertaining to arbitration shall be governed, interpreted and enforced under the Federal Arbitration Act.

 

Any award from the arbitrator(s) shall be final and binding upon the parties, and may be entered as a judgment in any court having proper and competent jurisdiction.  

 

To the fullest extent permissible under applicable law, any right(s) to participate in a class action or representative action with respect to any claim, dispute or controversy, are hereby unequivocally waived and surrendered.  Any arbitration claim you file shall proceed on an individual basis only, and shall not be joined or consolidated with the claim(s) of another, and you agree that you shall not participate in any claim as a class representative or class member.

 

OPTING OUT

Notwithstanding the provisions in these terms and conditions pertaining to mandatory arbitration, you may elect to pursue your claim in small-claims court provided that you send us written notice of your intent to opt out of arbitration within 30 (thirty) days from (1) in the case of a disputed purchase, the purchase date, or (2) in the case of a non-purchase claim, from the date you first used this site.  As with arbitration proceedings, any small-claims action shall be limited to your individual dispute or controversy, and shall not be joined or consolidated with the claim(s) of another. Please send the written notice of your intent to opt out to: 9828 Firestone Blvd., Downey CA 90241, Attention: Legal Department.

 

CALIFORNIA CONSUMER RIGHTS

The following information is provided in order to comply with California Civil Code Section 1789.3:

 

Site Provider Name: Trinidad Coffee Company, Inc.

Provider Address: 9828 Firestone Blvd., Downey CA 90241

Provider Telephone: (562) 862-3004

 

To file a complaint regarding this site or to request additional information regarding use of this site, please send written correspondence to the above address, or send an email to info@trinidadcoffee.us.

Alternatively, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs through the following ways:  in writing at 1625 North Market Blvd., Ste. N-112, Sacramento, CA 95834, via telephone at (800) 952-5210, or through email at dca@dca.ca.gov.