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.
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
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.
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 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.
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.
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.
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.
Interpretation and Disputes
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.
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 firstname.lastname@example.org