TERMS & CONDITIONS

The following terms and conditions govern all use of the fortyweightcoffee.com website and all content, services and products available at or through the website. The Website is owned and operated by FORTY WEIGHT COFFEE ROASTERS LLC (herein known as “Forty Weight”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Forty Weight (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any of its services.

1. You agree that you are liable for purchases made through your fortyweightcoffee.com and assume responsibility for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You further agree to notify Forty Weight promptly should you become aware of any actual or potential compromise of your Account information so that Forty Weight may take appropriate actions to safeguard Forty Weight’s legal interests.

2. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which fortyweightcoffee.com links, and that link to fortyweightcoffee.com. Forty Weight does not have any control over those non-Forty Weight websites and webpages, and is not responsible for their contents or their use. By linking to a non-Forty Weight website or webpage, Forty Weight does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Forty Weight disclaims any responsibility for any harm resulting from your use of non-Forty Weight websites and webpages.

3. As Forty Weight asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by fortyweightcoffee.com violates your copyright, you are encouraged to notify Forty Weight. Forty Weight will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

4. This Agreement does not transfer from Forty Weight to you or any third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Forty Weight. Forty Weight, fortyweightcoffee.com, the fortyweightcoffee.com logo, and all other trademarks, service marks, graphics and logos used in connection with fortyweightcoffee.com, are trademarks or registered trademarks of Forty Weight or Forty Weight’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Forty Weight or third-party trademarks.

5. Forty Weight reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Forty Weight may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

6. Forty Weight may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. The Website is provided “as is”. Forty Weight and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Forty Weight nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

8. In no event will Forty Weight, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to Forty Weight. Forty Weight shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. Forty Weight does not store any sensitive card holder information. When you place an order with us, your information is encrypted using strong encryption and directly and securely transmitted to our card processor. Our card processor is a leader in secure payment processing, and is fully compliant with all industry standards, including PCI compliance. On subsequent orders, or in the case of subscriptions, they use the stored information to process the charge, and let us know payment has been made. Forty Weight staff doesn’t have access to any sensitive card holder data at any time during an electronic purchase.

10. All items sold are sold “As is” and without warranty of any kind. Forty Weight disclaims any warranty whether implied or implicit.

11. You agree to indemnify and hold harmless Forty Weight, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

12. This Agreement constitutes the entire agreement between Forty Weight and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Forty Weight, or by the posting by Forty Weight of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York City, New York.