Terms & Conditions
The website SingleJoCoffee.com is operated by Club Coffee LP (the “Company”, “we” and “us”). Your use of this website and the Company’s social media sites (together, the “Websites”) is subject to your acceptance and agreement with these terms and conditions (“Terms and Conditions”). These Terms and Conditions are subject to change from time to time without notice to you. We will post the updated Terms and Conditions at: www.singlejocoffee.com/pages/customer-service-terms-conditions in Canada or us.singlejocoffee.com/pages/customer-service-terms-conditions in the US, in a timely manner. Your continued use of any of the Websites after such changes are posted will constitute acceptance of those changes.
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY BECAUSE THEY AFFECT YOUR RIGHTS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND A CLASS ACTION WAIVER AS PROVIDED BELOW.
Please also refer to our Shipping & Returns policy for more information:
2. Disclaimer of Warranty
THE CONTENT, POSTINGS, INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITEs ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS OR OTHER INACCURACIES. MOREOVER, THE COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE WEBSITEs OR IN THE CONTENT, POSTINGS, INFORMATION, SERVICES, PROGRAMS, SOFTWARE AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITEs AT ANY TIME AND FOR ANY REASON.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY OR ACCURACY OF THE CONTENT, POSTINGS, INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITEs FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION HAS NOT BEEN PROVIDED FOR ANY PARTICULAR PURPOSE THAT YOU HAVE MADE KNOWN TO US AND WE HAVE NO LIABILITY WHATSOEVER IN RESPECT OF ANY USE WHICH YOU MAKE OF SUCH INFORMATION.
THE COMPANY IS NOT RESPONSIBLE FOR ANY POSTINGS OR THIRD PARTY PRODUCTS OR SERVICES THAT ARE AVAILABLE THROUGH OR FROM THE WEBSITEs OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS.
THE INFORMATION PROVIDED ON THE WEBSITES HAS NOT BEEN WRITTEN TO MEET YOUR INDIVIDUAL REQUIREMENTS AND IT IS YOUR SOLE RESPONSIBILITY TO SATISFY YOURSELF PRIOR TO ORDERING ANY PRODUCTS OR SERVICES THAT THEY ARE SUITABLE FOR YOUR PURPOSES. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE CONTENT, POSTINGS, INFORMATION, SERVICES, PROGRAMS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITEs.
WHILST WE MAKE ALL REASONABLE ATTEMPTS TO EXCLUDE VIRUSES, SPYWARE, MALWARE AND OTHER SIMILAR ITEMS FROM THE WEBSITES, WE CANNOT GUARANTEE SUCH EXCLUSION AND NO LIABILITY IS ACCEPTED FOR ANY DAMAGE CAUSED BY THESE ITEMS. THUS, YOU ARE ADVISED TO TAKE ALL APPROPRIATE SAFEGUARDS BEFORE ACCESSING THE WEBSITES OR DOWNLOADING INFORMATION OR IMAGES FROM THE WEBSITES. ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY EXCLUDED. THE COMPANY DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE CONTINUOUS OR SECURE AND ASSUMES NO RESPONSIBILITY FOR THE INCORRECT OR INACCURATE CAPTURE OF INFORMATION OR HUMAN OR TECHNICAL ERROR, OR FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ON-LINE SYSTEMS, SERVERS, ACCESS PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, ONLINE OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY OF THE WEBSITES, OR ANY COMBINATION THEREOF INCLUDING ANY INJURY OR DAMAGE TO YOUR OR ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING ANY MATERIAL IN RELATION TO THE WEBSITES.
3. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, COMPENSATORY, CONSEQUENTIAL, DIRECT, EXEMPLARY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LIABILITY WHICH YOU MAY SUFFER OR WHICH YOU MAY HAVE TO A THIRD PARTY, ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, ACCESS OR USE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, REGISTRATION, FOR ANY CONTENT, POSTINGS, INFORMATION, SERVICES, PROGRAMS, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITES, OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU HEREBY RELEASE THE COMPANY, ITS AFFILIATES, PARTNERS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL CLAIMS OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, THAT YOU MAY HAVE AGAINST THE COMPANY AND ANY OF THE FOREGOING PARTIES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR THE TERMS AND CONDITIONS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF THE COMPANY FOR ANY REASON WHATSOEVER ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, ACCESS OR USE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES, REGISTRATION ON THE WEBSITES, FOR ANY CONTENT, POSTINGS, INFORMATION, SERVICES, PROGRAMS, PRODUCTS AND MATERIALS AVAILABLE ON OR THROUGH THE WEBSITES, OR FOR ANY ACTIONS OR INACTIONS OF OUR PARTNERS WILL NOT EXCEED $100.
4. External Links to Other Websites
Some of the Websites are social media sites where the Company has accounts. By using or accessing those Websites, you agree to be bound by these Terms and Conditions, and by the terms and conditions of use of those social media sites.
5. Proprietary Rights
The content of the Websites is protected by copyright laws in Canada, the United States and elsewhere. Any unauthorized copying, distribution, reproduction or modification of content on the Websites may be a violation of copyright laws in one or more countries, and could be subject to legal action. You agree to comply with all applicable copyright laws in your use of the Websites, and to prevent any unauthorized copying of content.
Subject to the limitations below, you are granted a personal, limited, non-exclusive, non-transferable, non-sublicensable, and revocable license for non-commercial purposes to display on your computer, download, print, save and/or reproduce content on the Websites for informational purposes only and solely for your own personal use. You may not:
- modify any content;
- reproduce, display, publicly perform, distribute, or otherwise use any content in any way for any public or commercial purpose, or for profit;
- include any content in or with any product that you create or distribute, or service that you provide;
- copy any content onto your own or any other website;
- suggest, directly or indirectly, that the Company has approved, authorized or endorsed you, your company or your activities.
No content that is attributed to a copyright owner other than the Company may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright owner. No information or content that is found on third party websites or other third party sources that are accessible from the Websites via a hyperlink or other linking practice may be reproduced, printed, downloaded or distributed, except with the prior permission of that copyright author or owner.
Any other use of content on the Websites is expressly prohibited without the Company’s prior, written permission. To obtain permission, please contact:
Certain names, graphics, logos, icons, designs, words, titles and phrases on the Websites constitute trade marks, trade names, domain names, trade dress or other intellectual property of the Company or its affiliates that is protected in Canada and elsewhere. The limited copyright license above does not apply to these other intellectual property rights, and any use of same, in whole or in part, is strictly prohibited without our prior, written authorization.
Certain trade marks, trade names, trade dress and associated products and services on the Websites may be rights owned by third parties. The display of these trade marks, trade names, trade dress and associated products and services does not convey or create any license or other rights in these trade marks or trade names, and any unauthorized use of them is strictly prohibited.
The Websites may contain blogs, message boards, forums, comment areas and other interactive features where users can share and display materials, information and audible commentary (“Posting(s)”). You agree that you will not post, transmit or discuss any of the following on or through the Websites or its Postings:
in any way infringes on the rights of others;
property rights, trade secrets or privacy of others;
Additionally, you represent that you have all necessary rights, consents or permissions to make any Posting. You also acknowledge that all Postings are non-confidential and that the Company has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. In connection with making any Posting, you hereby and automatically grant to the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license (through multiple tiers) to copy, distribute, create derivative works from, display, modify, reformat, transmit and otherwise use any such content or information for any purpose in any form, media or technology now known or later developed for the full term of any rights that may exist in such content or information. The Company assumes no responsibility for the deletion of or failure to store any Posting, content or information. The Company is not a publisher of any Posting and is merely functioning as an intermediary to enable you to provide and display a Posting.
No Pre-Screening of Postings. The Company is not responsible for screening, policing, editing or monitoring your or another user’s Postings. The Company does not endorse or oppose any opinion or information provided by you or another user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness or reliability of, any advice, opinion, statement or other material displayed, uploaded or distributed by you or any other user. Nevertheless, the Company reserves the right to delete or take other action with respect to Postings (or parts thereof) that the Company believes in good faith violate these Terms and Conditions, are (or potentially are) unlawful or harmful to the Company or its products, services and goodwill, or for any other reason in the Company’s sole discretion. If you violate these Terms and Conditions, the Company may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning and/or terminate your access or use of the Websites.
7. Access and Use of the Websites
8. Enforcing Security
You may not access or use, or attempt to access or use, the Websites in any manner not expressly authorized under these Terms and Conditions. The Company reserves the right to view, monitor and record activity on the Websites without notice or permission from you, including by archiving notices or communications sent by you through the Websites. Any information obtained by viewing, monitoring or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Websites, as well as to disclosures required by or under applicable law or related government agency actions. The Company may also comply with all court orders involving requests for such information. In addition, the Company reserves the right, at any time and without notice, to modify, suspend, terminate or interrupt operation of or access to any of the Websites, or any portion of the Websites, in order to protect the Websites, the Company or the Company’s business.
9. Dispute Resolution Policy
This Section only applies to individuals accessing the Websites in the United States.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.
10. Notice and Procedure for claims of Copyright Infringement
If you believe that any content, Posting, or other materials or information displayed on or provided through the Websites, including through a link, infringes your copyright protected under the laws of the United States, then you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with an email at email@example.com (please use subject line “DMCA Notice”). See 17 U.S.C. § 512 for more information. To be effective, the notice must be in writing and contain the following:
You may also contact us by mail at attention: Intellectual Property Agent, 1333 Tonolli Road, Mississauga, Ontario, Canada, L4Y 4C2?
Any communication sent to the Copyright Agent or to the Company for any purpose other than communication about copyright infringement may not be answered. The Company may terminate the accounts of repeat infringers under appropriate circumstances.
If you believe that any material you submitted that was removed or to which access has been disabled is not infringing, or that you have the authorization of the copyright owner, the copyright owner’s agent or pursuant to law, to post and use the material, then you may send a counter-notice containing the following information to the Copyright Agent:
d. Your name, physical address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in Delaware and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
11. Notice and Procedure for claims of Intellectual Property Infringement
These Terms and Conditions prohibit users from violating another party’s intellectual property rights. For copyright claims based on copyrights owned by entities in the United States, intellectual property owners should follow the terms related to removal of copyrighted material as set forth in Section 10. For other intellectual property violations, rights holders may submit a valid notice of intellectual property infringement to the Company via email at firstname.lastname@example.org. A valid notice of infringement must identify the following:
a. Identification of the work claimed to have been infringed (e.g., trademark registration);
b. Identification of the material that is claimed to be infringing together with information sufficient to locate the allegedly infringing material on the Websites;
c. Your contact information, including your address, telephone number and a valid email address; and
d. A statement by you that you have a good faith belief that use of the material is not authorized.
You may also contact us by mail at Attention: Intellectual Property Agent, 1333 Tonolli Road, Mississauga, Ontario, Canada, L4Y 4C2
By submitting a valid notice of infringement, you agree that we may provide your request to the user who posted the material addressed in your notice. Upon receipt of a valid notice of intellectual property infringement, the Company may remove or disable access to the allegedly infringing content at its sole discretion. The Company may terminate the accounts of repeat infringers under appropriate circumstances.
12. Feedback and Submissions
The Company welcomes your general feedback and comments about the Websites or the Company’s products and services. However, the Company and its employees are in constant development of new products, services, technologies, product enhancements, processes, materials, marketing and promotional plans, and product names. The Company does not accept or consider any suggestions, information, material or other ideas (collectively, “Submissions”) for use in any of its products or services or the Websites that have not been specifically requested by the Company. The Company asks that you refrain from making any such Submissions. If you ignore this request, any Submissions you make to Company will automatically become the property of the Company. By making a Submission, you assign all right, title and interest in and to such Submission to the Company. The Company will thereafter exclusively own all existing rights to such Submission. You acknowledge and agree not to contest the Company’s rights to use and disclose such Submissions in any manner and for any purpose, commercial or otherwise. You further acknowledge and agree that you will not be compensated for any Submission.
You agree to defend, indemnify and hold harmless the Company, its affiliates and all of their respective employees, agents, directors, officers, members, shareholders, attorneys, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees and litigation expenses) arising from or relating to: (a) your access or use of the Websites or any content; (b) any breach by you of these Terms and Conditions; (c) your violation of any third party right, including copyright, privacy or property right; or (d) any claim of a third party arising from your actions or inactions.
14. Force Majeure
You expressly absolve and release the Company from any claim of harm resulting from a cause beyond the Company’s control, including failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes or other labor problems, wars, acts of terrorism or governmental restrictions
The Websites may allow consumers to download discount coupons from our Websites. All such coupon offers are subject to all of the rules and regulations stated thereon and on the portions of the Websites relating thereto, and all coupons are void where taxed, regulated or restricted. No coupons may be transferred or reproduced in any way. Attempts to circumvent or violate the limitations on any coupons or offers voids the coupon or offer.
16. GENERAL GIVEAWAY AND CONTEST RULES.
From time to time, we may give away prizes or run contests. Unless otherwise stated on the Websites or the specific rules applicable to a contest or giveaway, the following rules govern any prizes given away unless other terms apply:
16. Jurisdiction and Governing Law
These Terms and Conditions and, except as set out in Section 9, any dispute you may have relating to the Terms and Conditions or the Websites shall be interpreted and governed by the laws of Ontario and you agree to submit to the non-exclusive jurisdiction of the courts of the Province of Ontario except as otherwise provided explicitly herein.
a.Equitable Relief. You acknowledge that any actual or threatened breach of these Terms and Conditions will cause irreparable injury to the Company, such injury would not be quantifiable in monetary damages, and the Company would not have an adequate remedy at law. You therefore agree that the Company is entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any actual or threatened breach of your obligations under any provision of these Terms and Conditions. Accordingly, you hereby waive any requirement that the Company post any bond or other security if any injunctive or equitable relief is sought by or awarded to the Company to enforce any provision of these Terms and Conditions.
Single Serve Pods were not designed to work with VUE brewing systems. VUE is a trademark of Keurig Green Mountain , Inc.
Margaritaville Single Serve Coffee Pods are not affiliated with nor approved by Keurig, Incorporated.
*K-CUP® is a registered trademark of Keurig Green Mountain, Inc. Single Serve Coffee Pods are not affiliated with nor approved by Keurig Green Mountain, Inc.