Terms & Conditions

Website.

Black Powder Roasting Company requires all visitors to this site to agree to these terms and conditions. If you do not agree, you should not use this site. By accessing the site you indicate your acknowledgment and acceptance of these terms and conditions.

Restrictions on the use of the text, images, graphics, sound files, animation, video and/or their arrangement on the Black Powder Roasting Company website are all subject to intellectual property right protection and such material from www.BlackPowderRoasting.com and any other World Wide Web site owned, operated, licensed or controlled by Black Powder Roasting Company or any of its related, affiliated or subsidiary companies (collectively Black Powder Roasting Company) may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Black Powder Roasting Company. Modification or use of the materials for any other purpose violates Black Powder Roasting Company intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site, but remain with Black Powder Roasting Company, who owns full and complete title to the material in this site.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to Black Powder Roasting Company through this site (collectively the “Submission”) will forever be the property of Black Powder Roasting Company. Black Powder Roasting Company will not be required to treat any Submission as confidential, will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Black Powder Roasting Company operations. Without limitation, Black Powder Roasting Company will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Black Powder Roasting Company will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission. By access to this site you acknowledge that you are responsible for whatever material you submit, and you, not Black Powder Roasting Company have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. Black Powder Roasting Company does not warrant or make any representation regarding the use of the materials contained in this site in terms of correctness, accuracy, reliability or otherwise. The material in this site may include technical inaccuracies or typographical errors and Black Powder Roasting Company may make changes or improvements at any time.

No Warranties or Representations

The information contained in this site is provided “as is” and without warranty of any kind, expressed or implied, including, but not limited to, all warranties of merchantability and fitness for a particular purpose. Black Powder Roasting Company does not warrant that the functions contained in the material will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Black Powder Roasting Company  does not warrant or make any representations regarding the use of or the result of the use of the material in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Black Powder Roasting Company) assume the entire cost of all necessary servicing, repair or correction. Accordingly, by using this information you agree that Black Powder Roasting Company (including its agents, officers, directors and employees) are not liable for damages of any kind.

Miscellaneous

These terms and conditions will be governed and interpreted pursuant to the laws of the State of North Carolina, inside the United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this site. Black Powder Roasting Company can revise these terms and conditions at any time by updating this posting. Black Powder Roasting Company products and services are available in many parts of the United States. However, the Black Powder Roasting Company site may describe products and services that are not available nationally. This site may be linked to other sites, which are not maintained by Black Powder Roasting Company. Black Powder Roasting Company is not responsible for the content of those sites.

All trademarks are the property of their respective trademark owners.

There may be occasions when Black Powder Roasting Company obtains personally identifiable information to provide the visitor with correspondence or otherwise. However, Black Powder Roasting Company only gathers personally identifiable information, such as names, addresses, e-mail addresses, etc., when a visitor voluntarily submits the same. Such personally identifiable information, which may be gathered in connection with Black Powder Roasting Company on-line visitors, is used solely by Black Powder Roasting Company and is not sold, transferred or otherwise disseminated to third parties outside Black Powder Roasting Company.

Parents

Black Powder Roasting Company strongly encourages all parents to supervise their children’s online activities and regularly monitor their children’s use of the Internet. Parents should consider using parental control tools and other services to assist them in supervising their children’s on-line use or on-line disclosure of their name, address or other personal information without parental consent.

MOBILE APPLICATION (“The APP”)

PLEASE READ THESE TERMS OF USE CAREFULLY.  DOWNLOADING, INSTALLING, ACCESSING OR USING THIS BLACK POWDER COFFEE LLC MOBILE APPLICATION (THE “APPLICATION”) CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE (“TERMS”), AS SUCH MAY BE REVISED BY BLACK POWDER COFFEE FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN THE USER (“USER”) AND BLACK POWDER COFFEE LLC (“BLACK POWDER COFFEE”) GOVERNING THE USE OF THE APPLICATION. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THIS APPLICATION IMMEDIATELY.  This agreement contains disclaimers and other provisions that limit our liability to User.

Eligibility

The Application is not targeted towards, nor intended for use by, anyone under the age of 13. A USER MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE APPLICATION.  If the User is between the ages of 13 and 18, he or she may only use the Application under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. User represents and warrants that (a) he/she is not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) he/she is not listed on any U.S. government list of prohibited or restricted parties.

In order to use certain functions of our Application, you will need to register for an account.  You agree to (a) create only one account; (b) provide accurate, truthful , current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Black Powder Coffee if you discover or otherwise suspect any security breaches relating to the Application; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Apple Terms and Conditions; Black Powder Coffee Policies

These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other Black Powder Coffee policies, including Black Powder Coffee Rewards, posted at www.Black Powder Coffee.com (“Black Powder Coffee Website”). If any of the provisions of the Apple Terms and Conditions or the any applicable Black Powder Coffee policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Application.  Black Powder Coffee, not Apple, is solely responsible for the Application and the content thereof.

User License

Subject to these Terms, Black Powder Coffee grants the User a personal, non-exclusive, non-transferable, limited, and revocable license to use the Application for personal use only on an iOS product (a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Application (“Content”) is prohibited.

Black Powder Coffee Rewards Program

Registered users will gain points for signing up on the APP. General Certificates will be available for at least every 200 points with a reward to be used at the Roastery in Mooresville or online at BlackPowderCoffee.com. Certificates will ONLY be issued on the APP. Black Powder reserves the rights to run promotions to gain extra points beyond the default of one dollar = one point on products (excluding taxes and shipping). Points may not be combined with other accounts unless under the same household and is limited to spouse and children.
Email Communications, Text Communications and Push Notifications

If a User signs up for a Black Powder Coffee account using the Application, the User is, by default, opted in to receive promotional email communications from Black Powder Coffee (“Email Communications”). The User may, at the time of sign up, opt out of receiving Email Communications from Black Powder Coffee. Thereafter, the User may opt out of receiving Email Communications by UNSUBSCRIBING from the online CRM tool. Alternately, an email can be sent to info@blackpowdercoffee.com to request email removal.

Similarly, upon download of this Application, the User is, provided the option to opt into receive push notifications from Black Powder Coffee on their Device and within the Application. This may include promotional communications, Pick of the Week offers, and system messages pushed to the Device or within the Application mailbox (“Push Notifications”). The User may, at any time following download of this Application, opt out of receiving Push Notifications by type by adjusting the “Black Powder Coffee Notifications” switch within the Application settings to “off”, or within the Device’s settings application under “Notifications” to completely opt out of Push Notifications. Opting out of Push Notifications will not affect User settings with respect to Email Communications.

Acceptable Use

User’s use of the Application, any Content, and any information provided by the User including user names and passwords, addresses, e-mail addresses, phone number, information related to a Black Powder Coffee Card, or GPS location (“User Information”) transmitted in connection with the Application is limited to the contemplated functionality of the Application. In no event may the Application be used in a manner that (a) harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent, or deceptive; (c) uses technology or other means to access Black Powder Coffee or Content that is not authorized by Black Powder Coffee; (d) uses or launches any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Black Powder Coffee or Content; (e) attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. Black Powder Coffee reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation in Rewards program that Black Powder Coffee reasonably believes is or might be in violation of these Terms, Apple Terms, or Black Powder Coffee policies including the Black Powder Coffee Card Terms and Conditions. Black Powder Coffee failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.  Black Powder Coffee requests that Users not use the Application while driving or operating heavy machinery.

Indemnification

The User agrees to defend, indemnify, and hold harmless Black Powder Coffee and other affiliated companies, independent contractors, service providers and consultants, and their respective employees, contractors, agents, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, and expenses (including attorney’s fees) that arise from or relate to the User’s use or misuse of the Application, violation of these Terms, or violation of any rights of a third party.

Warranties; Disclaimers

BLACK POWDER COFFEE IS PROVIDING THE APPLICATION TO THE USER “AS IS” AND THE USER IS USING THE APPLICATION AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, BLACK POWDER COFFEE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE APPLICATION IS MERCHANTABLE, RELIABLE, AVAILABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING, FREE OF DEFECTS OR VIRUSES, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USE OF THE APPLICATION BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER, THAT USER INFORMATION IN CONNECTION WITH THE APPLICATION WILL BE SUCCESSFULLY, ACCURATELY, OR SECURELY TRANSMITTED OR RECEIVED.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL BLACK POWDER COFFEE (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE APPLICATION, AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE APPLICATION OR TO CEASE PARTICIPATION.

Marks, Application and Content

Black Powder Coffee, Black Powder Roasting Co, the Black Powder Coffee logo, and other Black Powder Coffee trademarks, service marks, graphics, pictures, and logos used in connection with the Application are trademarks or registered trademarks of Black Powder Coffee Corporation (collectively “Black Powder Coffee Marks”). Other trademarks, service marks, graphics and logos used in connection with the Application are the trademarks of their respective owners (collectively “Third Party Marks”). The Black Powder Coffee Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Black Powder Coffee or the applicable trademark holder. The Application and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights and also may have security components that protect digital information only as authorized by Black Powder Coffee or the owner of the Content.

Governing Law and Jurisdiction

These Terms and use of the Application are governed by the laws of the state of North Carolina, United States of America. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. The User irrevocably consents to the exclusive jurisdiction of the federal and state courts in Iredell County, North Carolina, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.

Third Party Beneficiary

Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.

Changes

Black Powder Coffee reserves the right to change or modify these Terms or any other Black Powder Coffee policies related to use of the Application at any time and at its sole discretion by changing these Terms within the Application or by posting revisions on the Black Powder Coffee Website. Continued use of the Application following such changes or modifications to the Terms or other Black Powder Coffee policies will constitute acceptance of such changes or modifications.

Contact 

Any questions, complaints, or claims regarding the Application should be directed to:

Black Powder Coffee LLC

Attn: Customer Care

256 Raceway Drive

Suite 10

Mooresville, NC 28117

Phone: 1.704.614.0824

Email: info@blackpowdercoffee.com

Black Powder Roasting Company reserves the right to change this policy at any time. Please check this page periodically for changes.

© Black Powder Roasting Company. All Rights reserved.

Last Revised: July 27, 2016

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