Welcome to the website (the "Site", "IntelligentsiaCoffee.com") of Intelligentsia Coffee & Tea, Inc. ("Intelligentsia"). Intelligentsia provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Intelligentsia service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Intelligentsia reserves the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
Use of Site
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Intelligentsia hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Intelligentsia in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Intelligentsia in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Intelligentsia in advance. Intelligentsia reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Intelligentsia believes that customer conduct violates applicable law or is harmful to Intelligentsia's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Intelligentsia may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Intelligentsia has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Intelligentsia of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Intellectual Property
All text, graphics, button icons, images, audio clips, video clips, and software (collectively, "content"), belongs exclusively to Intelligentsia or its Content suppliers. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Intelligentsia or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. INTELLIGENTSIA and other logos, slogans, trade names or words are registered trademarks, trademarks, or service marks of Intelligentsia, its suppliers or third parties. The use of any Intelligentsia trademark or service mark without the express written consent of Intelligentsia is strictly prohibited. You may not use any Intelligentsia trademark or service mark in any way that is likely to cause confusion. You may not use Intelligentsia's trademarks or service marks that in any way disparages or discredits Intelligentsia.
Risk of Loss; Other Terms of Sale
The risk of loss and title for items purchased by you pass to you upon Intelligentsia's delivery of the items to the carrier pursuant to Intelligentsia's standard terms of sale, which you may access in our Customer Help section (and on the webpages to which that webpage links).
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Intelligentsia may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Intelligentsia shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
International Access
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Disclaimer and Limitation of Liability
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, a copy of which you may access in our customer help section (and on the webpages to which that webpage links), this site, the products offered for sale on it and the transactions conducted through it are provided by Intelligentsia on an "as is" basis. Intelligentsia makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided in our customer help section (and on the webpages to which that webpage links). To the full extent permissible by applicable law, Intelligentsia disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. Intelligentsia does not warrant that the content will be uninterrupted or error-free.
To the maximum extent permitted by law, Intelligentsia will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages to the maximum extent permitted by applicable law, Intelligentsia's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Intelligentsia during the month immediately preceding the act allegedly giving rise to Intelligentsia's liability.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Intelligentsia shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Intelligentsia shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Intelligentsia shall immediately issue a credit to your credit card account in the amount of the charge.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Intelligentsia is not responsible for the operation of or content located on or through any such site.
Copyright Complaints
Intelligentsia respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Remedies
You agree that Intelligentsia's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Intelligentsia shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Intelligentsia may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Intelligentsia shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Intelligentsia of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Applicable Law
This site is created and controlled by Intelligentsia in the State of Illinois, USA. As such, the laws of the State of Illinois will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
Returns
As always, we have a 30 day return policy.
If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for a full refund of the purchase price within 30 days of shipment. Tell us your name, the order number, which items, how many you are returning, and the reason for the return. We will reply to the email with an Return Merchandise Account number and instructions on how to send the items back to us.
We accept Visa, Mastercard, Discover and American Express.
Website
©1995-2010, Intelligentsia Coffee & Tea, Inc, All Rights Reserved.
All information contained on this site is property of Intelligentsia Coffee & Tea unless otherwise noted. Any reproduction without express written consent of Intelligentsia is prohibited.
Our Address
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Intelligentsia Coffee & Tea, Inc.
1850 W. Fulton St.
Chicago, IL 60612
info@intelligentsiacoffee.com
