Terms & Conditions
1. INTELLECTUAL PROPERTY
All information, content, photographs, and materials contained on this website are the copyrighted property of Cut Bluff Coffee Roasters, LLC. d.b.a. Roughneck Coffee or its subsidiaries and affiliated companies (collectively “Roughneck Coffee,” “Us,” “We,” “The Company,” or similar terms), or the copyrighted property of the company's licensors or licensees. All trademarks, service marks, design marks, logos, slogans, trade names, and other source identifiers are the proprietary property of ROUGHNECK COFFEE. The use of any copyrighted materials, trademarks or service marks without ROUGHNECK COFFEE's express written consent is strictly prohibited. You may not use our trademarks or service marks in any manner that is likely to cause confusion or dilute our trademarks. You may not use our trademarks or service marks in any manner that disparages or tarnishes the products offered or services rendered by ROUGHNECK COFFEE, that disparages or discredits ROUGHNECK COFFEE, that harms the company's reputation, or that in any way harms the goodwill in the trademarks, service marks or company.
Please do not send us any unsolicited materials such as ideas, concepts, data, text, files, images, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characterizations, and/or other similar materials ("Unsolicited Submissions"). If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting, distribution or posting, without the requirement of any permission from or payment to you or to any other person or entity. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission.
3. PUBLIC FORUMS AND COMMUNICATION
"Public Forum" means an area, site or feature offered as part of the Site that enables users or visitors to (a) submit, post, display and/or view user-generated content and/or (b) to communicate, share or exchange user-generated content with other users, visitors and members of the general public. You acknowledge that anything you submit to the Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered therein are for public and not private communications. We cannot guarantee the security of any information you disclose through any of these media and you make such disclosures at your own risk. We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any Public Forum.
4. USE RESTRICTIONS
5. OUR CONTENT REMOVAL RIGHTS
We reserve the right, but disclaim any obligation or responsibility, to (a) remove any user-submitted content at any time and (b) comply with any subpoena, order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such user-generated content and turn all or a portion thereof over to law enforcement officials.
6. CONTENT LINKED TO THE SITE
7. TITLE AND RISK OF LOSS
PURCHASES - All items purchased from seller are made pursuant to a shipment contract. In a shipment contract, the risk of loss and title passes when the goods are delivered to a common carrier.
RETURNS - Title to returned items remains with the customer until the item arrives at our authorized return center. At our discretion, a refund may be issued without requiring a return. In this situation, title to the refunded item remains with the buyer.
The information, content and materials on the site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in information, content and materials on the site (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the site or the servers that make such information, content and materials available are free of viruses or other harmful components. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, user-generated content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
10. LIMITATION OF LIABILITY
11. JURISDICTIONAL AND VENUE ISSUES
The Site is not targeted to users in any particular locality nor is it intended to constitute the doing of business in any jurisdiction. The Site does not constitute any contract with any jurisdiction outside the State of North Dakota. Use of the Site is prohibited in any jurisdiction having laws that would void the Agreement in whole or essential part or which makes accessing the Site illegal. The Agreement is entered into and performed in the State of North Dakota, United States of America and is governed by and shall be construed under the laws of North Dakota, exclusive of any choice of law or conflict of law provisions. In any claim or action directly or indirectly arising under the Agreement or related to the Site, each party irrevocably submits to the personal jurisdiction of the North Dakota State District Court sitting in Williams County, North Dakota or of the United States Court for the District of North Dakota. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts. You agree that you shall pursue any claim against us in your individual capacity only, and you will not participate in any collective or so-called “class” action against ROUGHNECK COFFEE.
14. GENERAL PROVISIONS
16. EFFECTIVE DATE
© 2018 Roughneck Coffee