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Terms & Conditions

By using our website, including any content and services offered on our website, you agree to the terms and conditions (“Terms”) outlined below.  If you do not agree to be bound by these Terms, please do not use our website.  Please note that we may revise and update these Terms from time to time.  Any such changes will be effective immediately unless otherwise noted, and your continued use of our website following the effective date of the revised Terms means that you accept and agree to the changes.  If you have any comments or queries, please feel free to email any inquiry to us at [email protected]

Intellectual Property Rights 

Unless otherwise noted, all materials on this site are protected as the copyrights, trademarks and/or other intellectual properties owned by Tower Coffee Inc. and/or its subsidiaries and affiliates (collectively, “Tower”) or by other parties that have licensed their material to Tower All rights not expressly granted are reserved.  Any use of Tower’s intellectual property rights is prohibited unless specifically agreed to in writing by Tower or expressly permitted by these Terms.

Personal Use

These Terms permit you to use our website for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website for any commercial purpose without our prior written permission. In addition, you agree not to use our website in any way that violates any applicable federal, state, local or international law or regulation. You agree to indemnify, defend and hold harmless Tower for any and all unauthorized uses you may make of any of the material on the site.

Feedback and Submissions

We welcome your comments and suggestions regarding our website and the information, products and services we make available here. Please feel free to contact us at [email protected] to provide us any feedback. You agree you are and shall remain solely responsible for the contents of any submissions you make to our site, and you will not submit material that is unlawful, defamatory, abusive or obscene.  In addition, you agree that you will not submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You hereby grant to Tower a royalty-free, non-exclusive right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any materials that you post to our website and to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose, without your approval or right of accounting. In addition, you warrant that any “moral rights” in your materials posted by you have been waived.

Accuracy of Information

The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk. In particular, we may update the content on our website periodically, but any of the material on our website may be out of date at any given time, and we are under no obligation to update such material in a timely manner or at all. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents. In addition, we do not give any warranty regarding the availability or reliability of this site or that the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses or other harmful components, or that defects will be corrected even if we become aware of them.

Third-Party Links

From time to time, our website may contain links to other websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you, and if you use these links, you will leave our site. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from our site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Purchasing our Products 

Users of this website age eighteen (18) and older may register for an account to purchase our products. If you are under the age of eighteen (18), you may not register for access to an account and you may only purchase our products through and with the consent of a parent or guardian. When you register for an account, you hereby represent that:

  • You meet such age requirement;
  • The information you provide is accurate, current and complete;
  • You will be responsible for all activities and transactions that take place and all materials posted by you or anyone using your account;
  • You will be solely responsible for maintaining the secrecy and security of your account and password.

Please note that we reserve the right to terminate any user account or cancel product orders in our discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

Recurring Subscriptions

If you start a subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscriptions is a) canceled or b) paused. If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely. You may cancel your subscription at any time via our website, through the phone, or via email communication with our customer support team. If cancelling via phone or email, please allow up to 72 hours for cancellation. You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription. This includes cancelling a subscription and later starting one of a similar configuration. The term of your subscription is continuous.

Shipping Policy 

Tower’s value proposition is flavor and freshness.  All orders will be shipped as soon as reasonably possible after you place an order. All packages are shipped UPS, USPS, or FedEx, DHL unless we are shipping to a P.O. Box, in which case, your package will be shipped via the United States Postal Service. Shipping charges are UPS published rates and are based on the total weight of your order. Because of packaging materials, shipping weight may differ from actual product weight. Products on this site will be delivered only within the United States. For delivery outside of the continental U.S., or for additional shipping information call 800-000-0000. All prices displayed on the site are in U.S. Dollars.

Customer Satisfaction

We are a customer-centric company and our mission is to provide outstanding customer service. We want you to be completely satisfied with your order, but if you have any questions or concerns regarding your order or experience purchasing products through our website, please contact us at [email protected]

Disclaimer of Warranties

Our website, its contents and any services or products obtained through our website are provided on an “as-is” and “as-available” basis, without warranty, representation, condition, or guarantee of any kind, express or implied, and your use thereof is at your own risk. We make no warranty or representation that our website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components or that our website or any services or items obtained through our website will otherwise meet your needs or expectations. To the fullest extent permitted by law, we disclaim all warranties, representations, conditions, or guarantees, express or implied, including without limitation any warranties or conditions of title, merchantability, merchantable quality, service quality, noninfringement, and fitness for a particular purpose.

Limitation of Liability

In no event shall we, or any of our employees or other in no event shall we, or any of our employees or other service providers, officers, directors, agents or affiliates, be liable for any damages of any kind arising from your use of our website or any content on our website, including any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses even if we have been advised of the possibility of such damages, and regardless of the cause of such damages.

Indemnification

You agree to indemnify, defend and hold harmless Equator, its affiliates, and their respective employees and other service providers, officers, directors and agents, and each of their successors and assigns, from and against any claims, losses, liabilities, damages, costs and fees (including reasonable attorneys’ fees) arising from or relating to your violation of these Terms, your use of our website or your use of any information obtained from our website, including, but not limited to, any use of our website’s content, services and products other than as expressly authorized in these Terms. 

Privacy Statement 

For an explanation of our privacy policy, please read our Privacy Policy.

Governing Law; Jurisdiction; Dispute Resolution

All matters relating to our website and these Terms and any dispute or claim arising therefrom or related thereto will be governed by and construed in accordance with the laws of California, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these Terms or our website will be instituted exclusively in the federal and state courts located in Bend, Oregon. You agree to an arbitration on an individual basis. YOU AND TOWER COFFEE INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the ”AAA Rules”) then in effect, except as modified by this paragraph. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. In any dispute, NEITHER YOU NOR EQUATOR WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

Miscellaneous

These Terms and our Privacy Policy constitute the entire understanding and agreement between you and us with respect to the use of our website. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.