RETURNS AND REFUNDS ON HAWAIIAN COFFEES
If your order has not been received, or has been lost by the carrier, please contact us immediately for assistance, including a refund, reshipment or help with tracking your package.
If your coffees arrive damaged, please send a photo of the box in the condition you received it within 5 days to aloha@bigislandcoffeeroasters.com
If your order is wrong please contact us within 5 days of receiving and we'll gladly provide a refund or credit.
If you're not satisfied with your order please contact us within 5 days. We may ask that the coffee is returned to us prior to refunding for inspection.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
Please note: we do not provide refunds on 5 lb bags purchased.
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
RETURNS AND REFUNDS ON ESPRESSO BITES
Because Espresso Bites are made without stabilizers or preservatives, they may bloom or melt when shipping temperatures exceed 80 F.
Blooming is not a sign of spoilage. It only means the cocoa butter came out of temper and the product will taste the same. However if this is a concern in your location please select FedEx delivery.
Espresso Bites that melt or bloom when shipped via FedEx are eligible for a full refund or credit.
Espresso Bites that melt or bloom when the buyer elects Free Shipping or standard USPS are eligible for a credit only.
If your order is incorrect or damaged in any way, please email us at hello@bigislandcoffeeroasters.com with your order number within 5 days of receiving your order.
Exchanges (if applicable) We only replace items if they are unopened, defective or damaged. If you need to exchange it for the same item, send us an email at aloha@bigislandcoffeeroasters.com. We may request you send your item to: Big Island Coffee Roasters, 76 Kalanianaole St. Hilo, HI 96720, United States.
Shipping
To return your product, you should mail your product to: Big Island Coffee Roasters 76 Kalanianaole St. Hilo, HI 96720, United States
For more information on Shipping and Returns.
CREDIT & BANK CARD DISPUTES
If you are not satisfied with our products/service, please reach out to us first before filing a dispute with your credit card/bank. We will try our best to solve your issue and accommodate your request.
PRIVACY POLICY
Effective Date: January 1, 2023
This Privacy Policy describes the types of information we collect on the Sites, how we use such information and to whom and under what circumstances we may disclose it. This Privacy Policy applies only to this website (www.BigIslandCoffeeRoasters.com), and our use of social media sites (collectively, the “Sites”), and any other personal information obtained when you visit our cafe, call, email, or otherwise communicate with Big Island Coffee Roasters. By accessing the Sites on any computer, mobile phone, tablet, or other device (collectively, “Devices”), making a purchase from Big Island Coffee Roasters, or otherwise interacting with Big Island Coffee Roasters, you agree to the terms of this Privacy Policy. If you do not agree to the policy, please do not use the Sites.
We may modify this Privacy Policy at any time, and will post the current version on the Sites. We encourage you to periodically review our Privacy Policy to stay informed about how we are using the information we collect.
Information We Collect and How We Use and Share It
For the 12-month period prior to the date of this Privacy Policy, we explain here what categories of personal information we have collected, where we got it from, and with whom we have shared it:
Category of Personal Information Collected
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Source of information
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Purpose for Collection
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Categories of recipients
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Contact information:
such as your name, billing address, shipping address, email address, telephone numbers, or other contact information
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From you; the decision to provide this information is typically optional, however, if you choose not to provide the requested information, you may not be able to use some or all of the features of our Sites
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To communicate with you, for product fulfillment and shipping, to send you information, newsletters, promotional materials and other offerings from Big Island Coffee Roasters or on behalf of our partners and Affiliates, to offer a sweepstakes, contest or other promotion, when you contact us, when you request customer service or support, to complete your registration on our Sites, to administer your account(s) with us, and to provide you with offers that may be of interest to you
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Our affiliates (collectively, “Affiliates”); our trusted service providers
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Purchase and order information:
contact information, together with purchase details online and in store through e-receipts, delivery details, payment details, Big Island Coffee Roasters card information, any communications we have received about your order or purchase
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From you
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To validate, confirm, verify, deliver, install, and track your order, including to arrange for shipping, handle returns and refunds, maintain a record of the purchases you make, to service products you purchased from us, to gather feedback on our stores, products and the Sites, and to provide you offers that may be of interest to you
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Our Affiliates; service providers who process, fulfill and ship orders
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Other delivery information:
name and address of recipient for delivery, if different from customer’s
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From you
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To deliver to the person at the address which you have requested
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Our Affiliates; service providers who process, fulfill and ship orders
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Payment information:
name, card issuer and card type, credit or debit card number, expiration date, CVV code and billing address
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From you and your payment card issuer
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To check that the right person is using the right card or account, meet the requirements of the card brands or account issuers, and to make sure we are paid for what you buy
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Our Affiliates; service providers who process payments for us; our card processor stores all credit card information. They conduct the entire credit card transaction using industry standard 128 bit SSL encryption; we only store a record that the transaction took place
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Rewards information:
your rewards account number, birthday, gender, age, purchase history and information on rewards or other benefits
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From you when you sign up for our rewards program and from our rewards service provider
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To administer your rewards account and provide you with offers that may be of interest to you
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Our Affiliates; service providers who administer our rewards program and our co-marketing partners
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Information you provide about a third party:
if you send someone else a communication from the Sites (such as sending a gift or virtual gift card), we may collect information such as that person's name, telephone number, email, and/or shipping address.
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From you
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To deliver to or communicate with the person at the address which you have requested
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Our Affiliates; service providers and our co-marketing partners
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Social Media:
information about you, including Usage Data and personal information such as lists of your friends, "likes", comments you have shared, groups and location
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From third parties, particularly social media platforms
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To enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites, to provide you with customized Sites content, targeted offers, promotions and advertising on the Sites, through other third party sites or apps, via email, text messages, or app push notifications that are offered by Big Island Coffee Roasters or other marketing partners that might be of interest to you.
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Our Affiliates; service providers and our co-marketing partners
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Legal information:
fraud checks or flags raised about your transactions, the payment card you want to use, payment card refusals, suspected crimes, complaints, claims and accidents
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From you, the police, crime and fraud prevention agencies, payment card providers, the public, regulators, your and our professional advisors and representatives
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To protect you, other customers and our business against criminal activities and risks, unauthorized use, and make sure we understand and can meet our legal obligations to you and others and can defend ourselves
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Our Affiliates; service providers who help us with fraud protection and credit risk reduction, law enforcement and other governmental authorities in accordance with applicable law.
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Preference information: your marketing preferences, your account settings including any default preferences, any preferences you have indicated, the types of services/offers that interest you, or the areas of our Sites that you visit
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From you, from our Sites technology interaction with your browser/Devices and cookies and other similar technologies tracking the pages you visit, the marketing messages you open and the links you follow, including your interactions with social media
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To enhance your online shopping experience, including as a way to recognize you and welcome you to the Sites, to provide you with customized Sites content, targeted offers, promotions and advertising on the Sites, through other third party sites or app, via email, text messages, or push notifications that are offered by Big Island Coffee Roasters or other marketing partners that might be of interest to you
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Our Affiliates; third party vendors and other service providers that perform Sites analytic services for us
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Communications: communications we have with you. Please note that we record calls to our customer service team
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From you
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To handle your requests, to contact you when necessary or requested, including responding to your questions and comments and providing customer support, and to obtain customer feedback and improve our customer service and customer shopping experience
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Our Affiliates; service providers who assist us with customer service
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In-store privacy: CCTV images of you in and around entrances and exits to our stores and offices, and your customer journey around our store
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From you, our CCTV
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To keep you, other customers, our staff, buildings, systems and data safe and secure, to investigate potential theft, fraud or misconduct
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Our Affiliates; service providers who help us with fraud protection, law enforcement and other governmental authorities in accordance with applicable law.
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Device information: IP address, internet provider, operating system and browser used, type of device, such as laptop or smart phone, device cookie settings and other device details, such as MAC address and geolocation, if you use our Sites and permit it to obtain your precise geolocation
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From you and from our Sites technology’s interaction with your browser or Devices
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To make sure our Sites, including app technology, works properly with your Device and make sure you can see and use our intended Sites and apps on the Device you are using, and for analytical and demographic purposes and to provide offers that may be of interest to you
We also will use this information to protect the security or integrity of the Sites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users.
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Our Affiliates; service providers who help us with fraud protection, and third party vendors and other service providers that perform Sites analytic services for us
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Usage Data: when you use the Sites, some data is automatically transferred from your browser to our server, including your browser type, operating system type or mobile device model, viewed webpages, links that are clicked, IP address, mobile device identifier or other unique identifier, sites or apps visited before coming to our Sites, the amount of time you spend viewing or using the Sites, the number of times you return, or other click-stream or site usage data, emails we send that you open, forward, or click through to our Sites
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From you and from Sites technology’s interaction with your browser or devices, for more information see “Cookies and Other Tracking Technologies,” below
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We will use this information in an aggregated non-specific format for analytical and demographic purposes.
We also will use this information to protect the security or integrity of the Sites and our business, such as by protecting against and preventing fraud, unauthorized transactions, and managing risk exposure, including by identifying potential hackers and other unauthorized users
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Our Affiliates; third party vendors and other service providers that perform Sites analytic services for us
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Accident information: details about any accident or injury on our premises, or health incident
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From you, witnesses or observed about you
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To get you the help you need, deal with the emergency services, insurance and claims
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Law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors.
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Suspected crime information: details of your identity, image, name and address, suspected or alleged thefts, fraud, assault or other criminal behavior
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From crime and fraud prevention agencies, from you, witnesses, and from the police
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To protect customers, the public and our business against risks and crime
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Law enforcement and other governmental authorities in accordance with applicable law, and our professional advisors.
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In some jurisdictions, individuals may have the right to opt-in or withdraw consent for certain uses. If you reside in such jurisdictions, you may have additional rights which are detailed below, “Access, Correction and Deletion.”
In the event that our company or substantially all or a portion of its assets are acquired, your personal information may be one of the transferred assets. We may also disclose your personal information with your express consent. We may share aggregate, non-personally identifiable information about Site users with third parties.
Please note that if you voluntarily submit any personal information for posting on the Sites, such as a review or a blog post, the information becomes publicly available and can be collected and used by others, so you should use care before posting information about yourself online.
We collect Devices using the following technologies:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit allaboutcookies.org.
- “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the Site.
Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address, and phone number. We refer to this information as “Order Information”.
When we talk about “Personal Information” in this Privacy Policy, we are talking both about Devices and Order Information.
How do we use your personal information?
We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:
- Communicate with you;
- Screen our orders for potential risk or fraud; and
- When in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Devices that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
Sharing you personal Information
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store--you can read more about how Shopify uses your Personal Information here. We also use Google Analytics to help us understand how our customers use the Site -- you can read more about how Google uses your Personal Information here. You can also opt-out of Google Analytics here.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Behavioral advertising
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative's (“NAI”) educational page.
You can opt out of targeted advertising by using the links below:
- Facebook: https://www.facebook.com/settings/?tab=ads
- Google: https://www.google.com/settings/ads/anonymous
- Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
- Facebook
- Google
- Bing
Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.
Third Party Pixels and Cookies
When you visit our website, log in, register or open an email, cookies, ad beacons, and similar technologies may be used by our online data partners or vendors to associate these activities with information they or others have about you, including your email address. We (or service providers on our behalf) may then send communications and marketing to these email addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout.
Do not track
Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.
Your rights
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe, including to Canada and the United States.
Data retention
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
Changes
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
Access, Correction, & Deletion
We respect your right to access and correct your personal information. You may access your personal information by signing into your account. From there, you can correct or modify your information. You may also exercise your rights, subject to applicable laws, to request that we delete or restrict access to your personal data. We may need to retain it for legally permitted purposes and this will be explained to you if necessary.
If you need assistance correcting or updating your personal information, or would like to request that we delete your personal information, please contact us using the contact information detailed in the “Contact Us” section below.
Contact us
For more information about our privacy practices, if you have questions or concerns, or if you would like to make a complaint, please contact us by e‑mail at aloha@bigislandcoffeeroasters.com or by mail using the details provided below:
Big Island Coffee Roasters: Makana Gardens LLC, 76 Kalanianaole St. Hilo, HI 96720, United States
TERMS OF SERVICE
OVERVIEW
This website is operated by Big Island Coffee Roasters (DBA). Throughout the site, the terms “we”, “us” and “our” refer to Big Island Coffee Roasters (DBA). Big Island Coffee Roasters (DBA) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Big Island Coffee Roasters (DBA), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Big Island Coffee Roasters (DBA) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 76 Kalanianaole St. Hilo, HI 96720, United States.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at hello@bigislandcoffeeroasters.com.
ReChargeSMS TERMS OF SERVICE
SMS MOBILE MESSAGE MANAGEMENT PROGRAM TERMS AND CONDITIONS Last revised: March 25,2024
Welcome, and thank you for your interest in Recharge Inc. (“Recharge,” “we,” “us,” or “our”), our Service, our website at www.rechargepayments.com, and our related websites, networks, applications, mobile applications, and other services provided by us, our subsidiaries, and our affiliates. These Terms of Service are a legally binding contract between you and Recharge regarding your use of the Service.
The terms “you” and “your” refer to the user of the Service under these terms, being either an individual or entity, as applicable. YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY USING THE SERVICE. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU COVENANT, REPRESENT, AND WARRANT TO RECHARGE THAT YOU WILL COMPLY WITH AND WILL NOT VIOLATE, ATTEMPT TO VIOLATE, OR ASSIST OR PERMIT ANY THIRD PARTY TO VIOLATE ANY TERMS OF THESE TERMS AND CONDITIONS, WHICH INCORPORATES RECHARGE’S DATA PROCESSING AGREEMENT, ACCEPTABLE USE POLICY, PRIVACY POLICY, API AGREEMENT, AND ANY ORDER FORM, AS APPLICABLE (TOGETHER, THE “TERMS”). THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL DISPUTES TO BE RESOLVED BY BINDING ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND A WAIVER OF RIGHTS TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE SEE SECTIONS 23 (DISPUTE RESOLUTION AND ARBITRATION) AND SECTION 24 (WAIVER OF CLASS ARBITRATION OR ACTIONS) BELOW. If there is a conflict between the terms, the Data Processing Agreement (DPA) shall govern, followed by the terms of the Acceptable Use Policy, any Order Form, the Terms of Service (including any other hyperlinked terms incorporated by reference herein), and finally the terms of the Privacy Policy.
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Recharge Service. Recharge’s services include products, features, and related services for commerce optimization including solutions for enabling and managing orders, subscriptions, payments, recurring billing, and loyalty (the “Service”). Any new products or features that are added to the current Services will also be subject to these terms.
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Terms with Your Customers. You are solely responsible for all of the terms and conditions and policies of the transactions conducted with your customers, including, without limitation, terms regarding payment, subscriptions, returns, warranties, shipping, handling, transportation, storage, insurance, fees, applicable taxes, text messaging (if applicable), title and licenses, and data, all of which must be in accordance with applicable law.
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API Agreement. If you choose to access or use Recharge’s API, including any modification or personalization of the API, the Recharge API Agreement shall govern Your access to and use of the API (as defined therein). The Recharge API Agreement is incorporated, by this reference, into and made a part of these Terms.
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Eligibility. By agreeing to these terms, you represent and warrant to us that if you are an individual: (a) you are at least 18 years old; (b) you are not currently and have not previously been suspended or otherwise removed from the Service; and (c) your registration and your use of the Service is and will remain in compliance with any and all applicable laws and regulations at all times. If you are an entity, organization, or company, the individual accepting these terms on your behalf represents and warrants that they have the authority to agree and bind you to these terms.
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Accounts and Registration. To access the Service, you must register for an account. When you register for an account, you will be required to provide us with information about yourself, such as your name, email address, store URL, or other contact information. You agree that the information you provide to us is accurate, current, and complete and that you will keep it accurate, current, and complete at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your password and account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately contact us.
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Payment Terms. Certain features of the Service may require you to pay fees. Except as otherwise expressly stated in an active Order Form, all payment obligations are non-cancellable and all fees are in U.S. Dollars and are non-transferable and non-refundable.
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Price. Recharge reserves the right to determine pricing for the Service. Unless otherwise expressly set forth in an active Order Form, Recharge, at its sole discretion, may change the fees for the Service on a going-forward basis. Recharge, at its sole discretion, may make promotional offers. These promotional offers, unless made to you, will not apply to the Service we provide to you or these terms as between Recharge and you. If the pricing for the Service (as defined above) increases, we will notify you and provide you with an opportunity to change your subscription to the Service before applying those changes to your account and charging your payment details in connection with an automatic renewal.
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Order Form. If you enter into an Order Form with Recharge, you agree to pay for the Service on the pricing and automatic renewal terms, as applicable, set forth in the Order Form.
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Authorization. You authorize Recharge to charge all sums for the orders that you make and any Service you select as described in these terms, including all applicable taxes, to the payment method specified in your account. If you pay any such sums with a credit card, (a) you must keep a valid credit card on file with Recharge (“Authorized Card”); (b) Recharge may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase(s); (c) if the Authorized Card expires, you hereby give Recharge permission to submit the credit card charge with a later expiration date. If Recharge is not able to process payment of Fees using an Authorized Payment Method, Recharge may make subsequent attempts to process payment using any Authorized Payment Method.
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Your Service. If you activate any aspect of the Service (as defined above), you authorize Recharge to periodically charge, on a going-forward basis and until you cancel, all accrued sums, which may involve automatically recurring billing and payments. The “Billing Date” is the date of your first Service purchase, unless otherwise stated in your active Order Form. For your “Service Fee”, please see https://rechargepayments.com/pricing/ or your active Order Form, as applicable. Unless otherwise stated in your active Order Form, your account will be charged the Service Fee plus all applicable fees and taxes automatically on or after the Billing Date. The Service will continue unless and until you cancel or we terminate your Service. We, or the relevant ecommerce platform hosting your store(s), will charge the periodic Service Fee plus all applicable fees and taxes to the payment method specified in your account. If you believe that Recharge has charged you incorrectly, you must contact Recharge no later than thirty (30) days after the applicable billing date in order to be eligible for an adjustment or credit. Failure to do so within the aforementioned period will constitute your agreement that the amounts charged are accurate and valid. You may cancel your subscription to the Service by initiating the cancellation process in your account or contacting us.
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Unpaid Fees. If Recharge is unable to successfully process payment of fees using an Authorized Card within thirty (30) days of the initial attempt or otherwise collect fees within thirty (30) days of the applicable billing date or invoice date, if later, Recharge may suspend and revoke your access to the Service. Access will be reactivated upon payment of any outstanding fees. During any period of suspension, you will not be able to access the Service, and your customers may not be able to access the customer portal. Recharge shall not be liable to you or any third party arising out of or related to the inability to access the Service due to a suspension pursuant to this Section. If the outstanding undisputed fees remain unpaid for thirty (30) days following the date of suspension, Recharge reserves the right to terminate these Terms in accordance with the Term and Termination Section below. A late fee of 1.5% per month or the maximum rate permitted by applicable law, whichever is less, may be applied to all amounts past due. You shall pay all reasonable expenses (including attorney’s fees and court costs) incurred by Recharge in collecting unpaid fees, excluding amounts disputed by you in reasonable and good faith in writing in accordance with the notice provisions of these Terms.
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Intellectual Property
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Ownership & Proprietary Rights. As between you and Recharge, the Service is owned and operated by Recharge. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), Scripts, products, software, SDK, services, and all other elements of the Service (“Materials”) are protected by intellectual property and other relevant laws. All Materials included in the Service, and any modifications, enhancements, and updates thereto, are the property of Recharge or its third-party licensors. Except as expressly authorized by Recharge, including under these terms, you may not access or make use of the Materials. Recharge reserves all rights to the Materials not granted expressly in these terms
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License Restrictions. You may not (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service, except as expressly permitted or directed by Recharge; or (c) interfere with, work around, bypass, or circumvent any feature of the Service, including any security or access control mechanism. For the avoidance of doubt, if you are prohibited under applicable law from using the Service, you may not use it.
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Feedback. If you choose to provide input and/or suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), whether or not such input and/or suggestions are provided in response to a request from Recharge, then you hereby grant Recharge an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to freely use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
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Scripts. Recharge may, in its discretion, make available certain code (“Scripts”) to be copied and pasted and, solely to the extent expressly permitted by Recharge, customized and/or otherwise modified by you (for example, to enable integrations with partners). You agree not to customize and/or modify Scripts except to the extent expressly permitted by Recharge. You agree that Recharge bears no responsibility for Scripts that you may customize or modify, and you take full responsibility for any liability arising in connection with any such customized and/or modified Scripts. To the extent that you obtain any ownership in any customization or modification that you may make to a Script as authorized hereunder, you agree that this shall not affect the ownership rights in such Script, and you hereby grant Recharge a perpetual, irrevocable, fully paid, transferable, sublicensable, worldwide right and license under any intellectual property rights that you may own in all such customizations and modifications. For the avoidance of doubt, Scripts and any improvements and/or modifications that we make to such Scripts are owned by Recharge and protected by intellectual property and other relevant laws.
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Digital Millennium Copyright Act Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about Materials hosted by or distributed through the Service, you may contact our designated agent at the following address:
Recharge Inc.
ATTN: Legal Department (Copyright Notification)
1507 20th St.
Santa Monica, CA 90404
Email: copyright@rechargeapps.com
- Any notice alleging that Materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of the Material that you claim is infringing and where it is located on the Service;
- Your address, telephone number, and email address;
- a statement by You that You have a good faith belief that the use of the Materials on the Service of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by You that You have a good faith belief that the use of the Materials on the Service of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
- a statement by You that the above information in your notice is accurate and that, under penalty of perjury, You are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
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Repeat Infringers. Recharge will promptly terminate the accounts of your customers who are determined by Recharge to be repeat infringers.
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Publicity. You grant Recharge a non-exclusive, transferable, sub-licensable, and royalty-free right and license to use the name(s), logo(s), and trademark(s) of you and your store(s) to identify you in Recharge’s marketing materials and website as a Recharge customer; provided, that such usage by Recharge will be in accordance with your then-existing usage guidelines (as communicated in writing by you to Recharge). You acknowledge and agree that Recharge does not certify or endorse, and has no obligation to certify or endorse, any of your products, services, or content.
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Data Privacy. The Privacy Policy and DPA will govern all matters of data security and privacy with respect to the Service.
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Third Parties
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Third-Party Services. Certain features and functionalities within the Service may allow you and your customers to interface or interact with, access, use, and/or disclose information to compatible third-party services, products, technology, and content (collectively, “Third-Party Services”). Recharge does not provide any aspect of the Third-Party Services and does not assume any liability arising in connection with any use of such Third-Party Services, including any compatibility issues, errors, or bugs in the Service or the Third-Party Services that may be caused in whole or in part by the Third-Party Services or any update or upgrade thereto. You are solely responsible for maintaining the Third-Party Services and obtaining any associated licenses and consents necessary for you to use the Third-Party Services in connection with the Service. Recharge uses third-party payment processors to complete your customers’ transactions within the Service. If one of your customers’ payment methods is ever declined, your customers’ other payment methods on file may be used to complete the transaction.
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Third-Party Services and Linked Websites. Recharge may provide tools through the Service that enable you to export information to a Third-Party Service. By using one of these tools, you agree that Recharge may transfer that information to the applicable Third-Party Service. The Service may also contain links to third-party websites. Linked third-party websites are not under Recharge’s control, and Recharge is not responsible for their content.
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Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these terms, nothing in these terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
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Service Providers
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Authorized Service Providers.
- “Authorized Service Provider” means those individuals, agencies, companies, and entities that Recharge has a contractual relationship with.
- You may utilize an Authorized Service Provider to integrate into and/or implement the Service (or components thereof, including our API) and provide services related thereto.
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Other Service Providers.
- “Other Service Provider” means those individuals, agencies, companies, and entities that (a) are not competitors of Recharge (as determined in its sole discretion); (b) are providing services to you pursuant to an enforceable agreement with you, consistent with general industry standards; (c) agree to be bound by these terms as if a party hereto (to the extent applicable); and (d) access and use the Service solely for your benefit.
- You may utilize an Other Service Provider to integrate into and/or implement the Service (or components thereof, including our API) and provide services related thereto, provided, that, you shall be responsible for the Other Service Provider’s compliance with these terms as if the Other Service Provider was a party hereto. To the fullest extent permitted by law, you will indemnify and hold the Recharge Entities (as defined below) harmless from and against any and all liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, incurred by the Recharge Entities related to any claim, suit, action or proceeding brought by a third party arising out of or connected with your use of any Other Service Provider for purposes of the integration and/or implementation of the Service (or components thereof, including our API).
- You and such Authorized Service Provider or Other Service Provider, as applicable, are solely responsible for all costs or expenses arising out of the use of such Authorized Service Provider or Other Service Provider, as applicable. No Authorized Service Provider or Other Service Provider shall have any authority or ability to exercise any control, including any business or technical control, over the Service.
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Your Content
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Content Rights. Certain features of the Service may permit you to upload content to the Service, including messages, reviews, photos, video, images, folders, text, other types of works, and any derivative works thereof, and all intellectual property rights embodied in the foregoing (your “Content”) and to publish your Content on the Service. You retain any copyright and other proprietary rights that you may lawfully hold in your Content.
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Limited License Grant to Recharge. By uploading or otherwise publishing or providing Content to or via the Service, you grant Recharge a worldwide, non-exclusive, royalty-free, transferable, sub-licensable, and fully paid right and license to host, store, transfer, display, perform, reproduce, process, or modify for the purpose of formatting for display, and distribute such Content, in whole or in part, in any media formats and through any channels now known or hereafter developed.
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Content Representations and Warranties. Recharge disclaims any and all liability in connection with all Content that you upload or otherwise publish or provide via the Service. You are solely responsible for all Content that you upload or otherwise publish or provide to or via the Service and the consequences of uploading or otherwise publishing or providing such Content to or via the Service. By uploading or otherwise publishing or providing any Content to or via the Service, you affirm, represent, and warrant that:
- You are the creator and owner of all Content that you upload or otherwise publish or provide via the Service, or have the necessary licenses, rights, consents, and permissions to authorize Recharge and your customers to use and distribute such Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Recharge, the Service, and the terms; and
- All Content that you upload or otherwise publish or provide via the Service, and the use of such Content as contemplated by the terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Recharge to violate any law or regulation
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Content Disclaimer. We are under no obligation to edit or control Content that you or your customers post or publish, and are not and will not be in any way responsible or liable for such Content. Recharge may, however, at any time and without prior notice, screen, remove, edit, or block any Content that we determine in our sole discretion violates these terms or is otherwise objectionable. You understand that when using the Service, you will be exposed to Content from a variety of sources and acknowledge that such Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do hereby waive, any legal or equitable right or remedy you have or may have against Recharge with respect to such Content. If Recharge is notified that such Content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the Content, which we reserve the right to do at any time and without notice.
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Monitoring Content. Recharge does not control and does not have any obligation to monitor: (a) Content, including any Content made available by third parties; or (b) the use of the Service by your customers. You acknowledge and agree that Recharge reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Recharge chooses to monitor any Content, Recharge still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of such Content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
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Service Improvements. Recharge may collect and analyze information concerning your Content and data derived therefrom, to provide and improve the Service. Recharge may improve the Service through product development, account traffic monitoring, diagnostic testing, and corrective actions.
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Email Communications. 1.We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions directly in the promotional email.
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Acceptable Use Policy. 1.By using the Service, you covenant and represent and warrant to Recharge that you will comply with and will not violate, attempt to violate, or assist or permit any third party to violate our Acceptable Use Policy, including the Content that you upload or otherwise publish or provide via the Service.
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SMS Service
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Authorized Use, Representations, Obligations, and Indemnity. By using the SMS Service, you represent and warrant that: (a) you will comply with all laws and regulations with respect to the content and transmission of calls, texts, and other messages sent using the SMS Service, including, without limitation the Telephone Consumer Protection Act (47 U.S.C. § 227) and the FCC’s implementing regulations (47 C.F.R. § 64.1200); and (b) you will suppress and will not provide to Recharge contact information for any of your customers who has registered his or her telephone number on the national Do-Not-Call Registry or any similar state registries or has otherwise indicated that he or she does not wish to be contacted by you or Recharge.
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Twilio Policy Compliance. Our SMS Service utilizes Twilio. Your use of our SMS Service is subject to Twilio’s Messaging Policy as it may be amended by Twilio from time to time, and you agree that you are responsible for ensuring that the messaging activity of your customers is in compliance with Twilio’s policies.
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Disclaimer of Warranty. The SMS Service is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this SMS Service. Delivery of mobile messages is subject to effective transmission from wireless service providers/network operators and is outside of Recharge’s control.
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Term and Termination
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Term. These terms are effective beginning on the earlier of when you accept the terms, or first download, install, access, or use of the Service, and shall end when terminated as described in this section. If you violate any provision of these terms, your authorization to access the Service and these terms shall automatically terminate. In addition, unless an active Order Form specifies a Service term length, Recharge may, at its sole discretion, terminate these terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. Unless you have agreed otherwise in an active Order Form, you may terminate your account and these terms at any time by initiating the cancellation process in your account or contacting us.
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Termination for Cause. Either party may terminate these terms (including all related active Order Forms) upon written notice if the other party: (a) fails to cure any material breach of these terms within thirty (30) days after written notice; (b) ceases operation without a successor; (c) becomes the subject of a petition in bankruptcy or any proceeding relating to insolvency, receivership, or liquidation for the benefit of creditors; or (d) assigns or attempts to assign these terms to a third party in violation of these terms. Except where an exclusive remedy is specified, the exercise of either party of any remedy under these terms, including termination, will be without prejudice to any other remedies it may have under these terms, by law or otherwise.
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Early Termination. If you terminate use of the Service pursuant to an Order Form for any reason other than for Termination for Cause as described above, prior to the end of the term specified in such Order Form, then as a genuine pre-estimate of Recharge’s damages, and not as a penalty, Recharge will have the right to charge you the store fee, account management fee and any monthly fee, all multiplied by the number of months remaining during the term specified in such order form, as well as any one-time, non-recurring fees specified in such order form, as applicable. The parties expressly agree that the damages that Recharge might reasonably anticipate to be sustained by Recharge upon any such termination are difficult to ascertain and measure because of their indefiniteness or uncertainty and that the amount set forth above is a reasonable estimate of the damages that would likely be caused and shall be due regardless of proof of actual damages.
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Effect of Termination. Upon any termination of these terms: (a) your license rights under these terms will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you will no longer have access to any Content that you uploaded or otherwise published or provided to or via the Service; and (d) you must pay Recharge any unpaid amount that was due prior to termination. Additionally, upon any termination of these terms, you must promptly: (i) stop using or distributing any Materials or Scripts that may be installed on any of your property and (ii) delete (or, at our request, return) any and all copies of the Materials and Scripts, any Recharge documentation, and any other Recharge Confidential Information (as defined below) in your possession, custody, or control.
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Modification of the Service. 1.Recharge reserves the right to modify or discontinue the Service (including by limiting or discontinuing certain features of the Service), temporarily or permanently, so long as such change does not materially degrade the overall functionality of the Service during your use of the Service or the term of the applicable Order Form (“Material Modifications”). Recharge shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services. For any Material Modifications, your sole remedy will be termination in accordance with Section 15.2 and a potential refund.
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Indemnity. 1.To the fullest extent permitted by law, you are responsible for your use of the Service, and you will indemnify and hold harmless Recharge and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Recharge Entities”) from and against any and all liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, incurred by the Recharge Entities related to any claim, suit, action or proceeding brought by a third party arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these terms, any representation, warranty, or agreement referenced in these terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party in connection with these terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
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Disclaimers; No Warranties. 1.THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. RECHARGE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. RECHARGE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND RECHARGE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY OF THE RECHARGE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE RECHARGE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER PROVIDER OR SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING YOUR CONTENT. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. RECHARGE DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT RECHARGE IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
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Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RECHARGE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY RECHARGE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
- TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE RECHARGE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO RECHARGE FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE APPLICABLE CLAIM; OR (B) $100.
- EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY RECHARGE TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS ITS ESSENTIAL PURPOSE.
- BECAUSE SOME STATES OR JURISDICTIONS (SUCH AS THE STATE OF NEW JERSEY) MAY NOT ALLOW EXCLUSIONS OR DISCLAIMERS OF REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE MATTERS SET FORTH IN THESE TERMS, THOSE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS AFFECTS STATUTORY RIGHTS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
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Dispute Resolution and Arbitration. 1.These terms shall be governed by and interpreted in accordance with the laws of the State of California, USA, without regard to principles of conflicts of laws. In the event of any controversy or claim arising out of or relating to these terms, or any breach thereof, such controversy or claim shall be determined and finally settled by confidential, binding arbitration, conducted in English, held in Los Angeles County, California, administered by the American Arbitration Association (“AAA”) before a sole arbitrator in accordance with the then-current AAA Commercial Arbitration Rules. The award rendered by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. Any claimants must file an individual request for arbitration, specifying such claimant’s identity, such claimant’s counsel, and a detailed description of the claims being asserted and the requested relief, including a good faith calculation of the specific amount in dispute. Nothing in this Section shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief.
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Waiver of Class Arbitration or Actions. 1.Any claims that you or Recharge assert under these terms will be brought on an individual basis only and not on a class, consolidated, representative, or collective basis. Only individual relief is available for controversies and claims arising out of or relating to these terms, or any breach thereof, and you and Recharge agree that class arbitrations and class actions are not permitted under any circumstances. You understand that, by agreeing to these terms, you and Recharge are waiving the right to participate in any form of class arbitration and/or class action.
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Confidentiality
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Confidential Information. For the purposes of these terms, each party (“Disclosing Party”) may provide the other party (“Receiving Party”) with certain information (“Confidential Information”) in whatever form (written, oral, or visual) that is designated by Disclosing Party as proprietary or confidential, or that should be reasonably understood to be proprietary or confidential due to its nature and the circumstances of its disclosure. For the avoidance of doubt, the Service, all Recharge developer or administrator documentation guides for and provided with the Service, as may be updated by Recharge from time to time, and all enhancements and improvements thereto, will be considered Confidential Information of Recharge.
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Protection of Confidential Information. Receiving Party agrees that it will not use or disclose to any third party any Confidential Information of the Disclosing Party, except for exercising its rights and performing its obligations under these terms. Receiving Party will limit access to the Confidential Information to those of its employees, representatives, and contractors who: (i) have a need to know such Confidential Information in furtherance of the provision or receipt of the Service, as applicable, and (ii) who are subject to confidentiality obligations no less restrictive than those set forth herein. In addition, Receiving Party will protect Disclosing Party’s Confidential Information from unauthorized use, access, or disclosure in the same manner that it protects its own proprietary information of a similar nature, but in no event with less than a commercially reasonable degree of care. At Disclosing Party’s request or upon termination of these terms, Receiving Party will return to Disclosing Party or destroy (or permanently erase in the case of electronic files) all copies of the Confidential Information that Receiving Party does not have a continuing right to use under these terms, and, upon request, Receiving Party shall provide to Disclosing Party written notice certifying compliance with this sentence, unless prohibited by applicable law.
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Exceptions. The confidentiality obligations set forth in this Section will not apply to any information that: (a) is or becomes generally available to the public through no fault of Receiving Party; (b) is lawfully provided to Receiving Party by a third party free of any confidentiality duties or obligations; (c) was already known to Receiving Party without restriction at the time of disclosure; or (d) was independently developed by Receiving Party without use or reference to the Confidential Information. Receiving Party may disclose Confidential Information if compelled or required to do so by law or by the order of a court or similar judicial or administrative body, provided that Receiving Party promptly (to the extent legally permitted) notifies Disclosing Party in writing of such required disclosure so that Disclosing Party may, at its own cost and expense, seek an appropriate protective order.
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Remedies. Any breach or threatened or attempted breach of this Section may result in immediate, irreparable harm for which monetary damages would be an inadequate remedy. If a court of competent jurisdiction finds that Receiving Party has breached (or attempted or threatened to breach) any of the obligations set forth in this Section, Receiving Party agrees that, without any additional findings of irreparable injury or other conditions to injunctive relief, it will not oppose the entry of an appropriate order compelling its performance and restraining it from any further breaches (or attempted or threatened breaches).
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Early Adopter Offerings. 1.From time to time, Recharge may, in its sole discretion, invite you to join its Early Adopter Program and use, on a trial basis, pre-release or beta features that are in development and not yet widely available (“Early Adopter Offerings”). Early Adopter Offerings are not part of the Service, and Early Adopter Offerings may be subject to additional terms and conditions, which Recharge will provide to you prior to your use of the Early Adopter Offerings. Early Adopter Offerings and all materials relating thereto will be considered Confidential Information and subject to the confidentiality provisions in these terms. Without limiting the generality of the foregoing, you agree that you will not make any public statements or otherwise disclose your participation in the Early Adopter Offerings without Recharge’s prior written consent. Recharge makes no representations or warranties that the Early Adopter Offerings will function as intended or expected. Recharge will not be responsible for any liabilities, damages, losses, costs, or expenses relating to an Early Adopter Offering. Recharge may discontinue an Early Adopter Offering at any time, in its sole discretion, or decide not to make an Early Adopter Offering generally available.
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Technical Support.
- Technical support will be available to you via web portal, chat, and/or video callback in accordance with the pricing plan that your customer has agreed to in the applicable Order Form and so long as you are a paying account holder. Detailed information about technical support is available at https://rechargepayments.com/pricing/.
- Notwithstanding the foregoing, unless otherwise agreed to between you and Recharge, we are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies. Should you request to utilize any type of Recharge support services for data migration, you hereby acknowledge and agree that we shall not be liable to you for any loss or damage of any nature sustained by you in connection with those services. In addition, you are responsible for providing customer service (if any) to your customers. We will not provide any support or services to your customers unless otherwise agreed to by both parties in writing. Detailed information about migration support is available at https://rechargepayments.com/migration-services/.
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Miscellaneous
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Responsibility. You agree to comply with all applicable laws and regulations applicable to your use of the Service, including, but not limited to, any and all requirements and obligations under applicable automatic renewal and data protection laws and regulations.
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General Terms. These terms, together with any agreements, terms, or policies expressly incorporated by reference into these terms, are the entire and exclusive understanding and agreement between you and Recharge regarding your use of the Service.
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Relationship of Parties. The parties are independent contractors. These terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
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Assignment. You may not assign or transfer these terms or your rights under these terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms at any time without notice or consent.
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Performance and Interpretation. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these terms, or any provision of these terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these terms the use of the word “including” means “including but not limited to”. If any part of these terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
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Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms
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Notices. Where Recharge requires you to provide an email address, you are responsible for providing us with your most current email address. In the event that the last email address provided to Recharge is not valid, or for any reason is not capable of delivering any notices required or permitted by these terms to you, Recharge’s dispatch of the email containing such notice will nonetheless constitute effective notice.
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Survival. All sections of these terms which by their nature should survive termination will survive termination of these terms, including all payment obligations accrued prior to termination, confidentiality obligations, indemnification, warranty disclaimers, dispute resolution and arbitration provisions, and limitations of liability.
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Contact Information. The Service is offered by Recharge Inc., located at 1507 20th St., Santa Monica, CA 90404. You may contact us by sending correspondence to that address or by sending us a message.
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Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
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International Use. The Service is hosted from the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
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Modification of these Terms. We may, from time to time, change these terms. Please check these terms periodically for changes. Subject to the Payment Terms above, revisions will be effective immediately except that, for existing users of the Service, material revisions will be effective the earlier of (i) assent to the updates or (ii) 30 days after the earlier of posting or notice of such revisions unless otherwise stated. If a change to these terms materially modifies your rights or obligations, as determined in our sole discretion, we may require that you accept the modified terms in order to continue to use the Service. If you do not agree to the modified terms, you should remove all Content that you uploaded or otherwise published or provided via the Service and discontinue your use of the Service. Except as expressly permitted in this Section, as between you and Recharge, these terms may be amended only by a written agreement signed by authorized representatives of each of you and Recharge.
Mobile Message Service Terms and Conditions
Last updated: 08-09-2021
The Big Island Coffee Roasters mobile message service (the "Service") is operated by Big Island Coffee Roasters (“ Big Island Coffee Roasters ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.) as well as promotions, specials, and other marketing offers (e.g., cart reminders) from Big Island Coffee Roasters via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to+1 (855) 781-9346 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Big Island Coffee Roasters mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to+1 (855) 781-9346 or email aloha@bigislandcoffeeroasters.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.