Terms & Conditions
Welcome to the website (the “Site”, “stonecreekcoffee.com”) of Giri Corporation (DBA “Stone Creek Coffee”). Stone Creek Coffee maintains this Site for your personal information, education, and communication. Stone Creek Coffee provides its services to you subject to the notices, terms, and conditions set forth in these Terms & Conditions (the “Agreement”). In addition, when you use any Stone Creek Coffee service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.
Stone Creek Coffee reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site. ACCESSING, BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
If you do not agree to this Agreement, do not access or use this Site and instead contact Stone Creek Coffee in writing or via telephone as set forth below for desired information.
USE OF SITE
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Stone Creek Coffee hereby grants you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third-party, except as explicitly permitted by Stone Creek Coffee in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile, or otherwise exploit this Site or any portion of it unless expressly permitted by Stone Creek Coffee in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Stone Creek Coffee in advance. Stone Creek Coffee reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Stone Creek Coffee believes that customer conduct violates applicable law or is harmful to Stone Creek Coffee interests.
You may not submit content to the Site or use it in any manner that:
- Is offensive, violent, promotes racism, bigotry, hatred, harassment, or physical harm of any kind against any group or individual;
- Is libelous or slanderous;
- Is intended to cause commercial harm to us or to benefit a third-party at our expense;
- Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter, or contains a link to a website containing such material;
- Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
- Collects others’ names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
- Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
- Uses any automated or computerized process we have not previously authorized to access, obtain or download data or content;
- Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
- Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
- Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third-parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorized use of or access to a computer or a computer network; or
- Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.
We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.
Stone Creek Coffee may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Stone Creek Coffee has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Stone Creek Coffee of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
Copyright 2020. All rights reserved.
All copyrightable text, graphics, charts, photographs, icons, images, audio, video, software (collectively, “content”), belongs exclusively to Stone Creek Coffee or its Content suppliers. The design, collection, selection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Stone Creek Coffee or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Stone Creek Coffee appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any Stone Creek Coffee trademark or service mark without the express written consent of Stone Creek Coffee is strictly prohibited. You may not use any Stone Creek Coffee trademark or service mark in any way that is likely to cause confusion. You may not use Stone Creek Coffee’s trademarks or service marks that in any way disparages or discredits Stone Creek Coffee. Any unauthorized use of any trade dress, marks or any other intellectual property belonging to Stone Creek Coffee or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Stone Creek Coffee is the owner of numerous trademarks, logos, emblems, and trade dress, all of which represent our vision to provide fantastic, #FarmToCup specialty coffees. We own several trademarks and service marks that have been registered with the United States Patent and Trademark Office. You may refer to Stone Creek Coffee’s trademarks in a manner that is not misleading and clearly acknowledges Stone Creek Coffee’s ownership of our marks. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Stone Creek Coffee’s marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Stone Creek Coffee is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third party’s marks.
As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. We hereby grant you a limited nonsublicensable revocable license to use our website for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, Stone Creek Coffee may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Stone Creek Coffee shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Stone Creek Coffee makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United States. If you access and use this Site outside the United States you are solely responsible for complying with your local laws and regulations.
ACCURACY OF INFORMATION
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Stone Creek Coffee makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Stone Creek Coffee shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Stone Creek Coffee shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Stone Creek Coffee shall immediately issue a credit to your credit card account in the amount of the charge.
In no event shall Stone Creek Coffee or any of its officers, representatives, directors, employees, consultants, or agents be liable for any direct, indirect, punitive, special, incidental, exemplary, or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits, or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice, or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability, or otherwise, even if Stone Creek Coffee has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Stone Creek Coffee shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Stone Creek Coffee shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Stone Creek Coffee shall immediately issue a credit to your credit card account in the amount of the charge.
Stone Creek Coffee respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
ARBITRATION IF A DISPUTE ARISES (“ARBITRATION AGREEMENT”)
Any legal dispute between you and Stone Creek Coffee concerning or arising out of these Terms, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. However, either you or Stone Creek Coffee may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. You may opt out of this Arbitration Agreement within the first 60 days after the earliest of the first time you (a) make a purchase from the Site; (b) sign up for any service provided by Stone Creek Coffee and (c) purchase an Stone Creek Coffee gift card, including without limitation the Rewards Program, by sending a signed letter to Arbitration Opt-Out, Attn: Legal, 422 N 5th St., Milwaukee, WI 53203. The letter should include your printed name, address, and the words “Reject Arbitration.”
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Stone Creek Coffee agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Milwaukee County, WI. We encourage you to call Stone Creek Coffee in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Stone Creek Coffee also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Stone Creek Coffee hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Stone Creek Coffee will pay all filing, administrative, arbitrator, and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Wisconsin will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
You agree that Stone Creek Coffee’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Stone Creek Coffee shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Stone Creek Coffee may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of Stone Creek Coffee shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by Stone Creek Coffee of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
As always, we have a 30-day return policy. If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for a full refund of the purchase price within 30 days of shipment. Tell us your name, the order number, which items, how many you are returning, and the reason for the return. We will reply to the email with a Return Merchandise Account number and instructions on how to send the items back to us. We accept Visa, MasterCard, and Discover.
COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE
We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
The DMCA, 17 U.S.C. § 512(f), provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
©1993-2020, Giri Corp, All Rights Reserved.
All information contained on this site is property of Stone Creek Coffee unless otherwise noted. Any reproduction without express written consent of Stone Creek Coffee is prohibited.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Giri Corp DBA Stone Creek Coffee
422 N 5th St.
Milwaukee, WI 53203