Terms of Use

Welcome to the website (the "Site", "IntelligentsiaCoffee.com") of Intelligentsia Coffee, Inc. ("Intelligentsia"). Intelligentsia maintains this Site for your personal information, education and communication. Intelligentsia provides its services to you subject to the notices, terms, and conditions set forth in these Terms of Use (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 modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site.  Material changes will be posted conspicuously on this Site.  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.

If you do not agree to this Agreement, do not access or use this Site, and instead contact Intelligentsia in writing or via telephone as set forth below for desired information.

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.

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
Copyright 2011.  All rights reserved.

All copyrightable text, graphics, charts, photographs, icons, images, audio, video, software (collectively, "content"), belongs exclusively to Intelligentsia or its Content suppliers. The design, collection, selection, 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. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law.  In addition, many proprietary names and marks belonging to Intelligentsia appear through this Site.  This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.  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.  Any unauthorized use of any trade dress, marks or any other intellectual property belonging to Intelligentsia or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

Risk of Loss; Terms of Sale
All purchases made by you on this Site are subject to Intelligentsia’s Terms of Sale which are incorporated into these Terms of Use by this reference.  Please read them carefully before placing any orders on the Site, because you will be bound by the Terms of Sale.

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. Intelligentsia makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United States. If you access and use this Site outside the United States you are solely responsible for complying with your local laws and regulations.

No Warranty
Except as otherwise provided in the Terms of Sale that govern the sale of each product on this site, which are incorporated into these Terms of Use by this reference, 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. 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 or guarantee does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this Site or any material, information or data downloaded or otherwise obtained through use of this Site or (2) that use of this Site or any materials on this Site will meet any user requirement or be uninterrupted, timely, secure or error-free.  Intelligentsia shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

No Liability
In no event shall Intelligentsia or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Intelligentsia has been advised of the possibility of such damages.  Your sole and exclusive remedy is to discontinue your access to and use of the Site.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

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. Such links are provided only as a service to our visitors.  Intelligentsia is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Site.  Intelligentsia has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites.  You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site.  You should review the terms of use of any website to which you navigate.

If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules:  (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL "http://www.intelligentsiacoffee.com" and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Intelligentsia; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Intelligentsia’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Intelligentsia is associated with or sponsored by Intelligentsia; (6) the link, when activated by a user, must display this site full-screen and not with a "frame" on the linked website; and (7) Intelligentsia reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.

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.

Privacy Policy
By your access and use of this Site, you hereby agree to the terms of the Intelligentsia Privacy Policy, which are incorporated into these Terms of Use by this reference.

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.

Indemnification
You agree to indemnify, defend and hold harmless Intelligentsia, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of this Site, your use of any material, information or data downloaded or otherwise obtained from this Site, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of Intelligentsia or any other person or entity.

Interpretation and Disputes
These Terms of Use are governed by the laws of the United States and the State of Illinois, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Cook County, Illinois with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed by Intelligentsia in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this Site must be commenced within one (1) year after the action or claim arises.

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.

Entire Agreement
By your access or use of this Site, you hereby agree to these Terms of Use.  These Terms of Use, together with the Intelligentsia Privacy Policy and Terms of Sale constitute the entire agreement between you and Intelligentsia with respect to your access and use of this Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Intelligentsia.  These Terms of Use will inure to the benefit of Intelligentsia’s successors and assigns.

Electronic Communications
You acknowledge that these Terms of Use are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Intelligentsia may be provided to you electronically.  Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Website
©1995-2012, Intelligentsia Coffee, Inc, All Rights Reserved.
All information contained on this site is property of Intelligentsia Coffee 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, Inc.
1850 W. Fulton St.
Chicago, IL 60612
info@intelligentsiacoffee.com