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Terms and Conditions
Coffee Capsules Inc. (GOURMESSO) MAY REVISE THESE TERMS AND CONDITIONS BY UPDATING THIS POSTING
LAST UPDATED 02/01/2015
These Terms and Conditions May Change
GOURMESSO reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the Gourmesso.com website following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this website.
All of the content you see on this website, including but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as Content) is the exclusive property of GOURMESSO and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by GOURMESSO, by one of its affiliates or by third parties who have licensed or assigned their rights, interests, and/or materials to GOURMESSO. The entire Content of the Gourmesso.com website is copyrighted as a collective work under U.S.Federal law and other applicable copyright laws, and GOURMESSO owns a copyright in the selection, coordination, arrangement and enhancement of the content. The content of the Gourmesso.com website, and the website as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the content only for your own personal and non-commercial use, (2) you do not copy or post the content on any network computer or broadcast the content in any media and/or in any form or format for commercial use, (3) you do not modify or alter the content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit all intellectual property rights to Gourmesso. No right, title or interests in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Gourmesso reserves complete title and full intellectual property rights in any content you download form this website. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivate works from the content without first obtaining the express written permission of Gourmesso.
Use of Web Site
The Gourmeso.com website is for the sole use of individuals and entities to review, consider, purchase or otherwise engage in retail transactions involving Gourmesso's goods and services and/or to otherwise transact business with or contact GOURMESSO, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer. In particular, GOURMESSO expressly prohibits third parties from opting out of GOURMESSO'S services and/or contacts on behalf of a GOURMESSO customer or other personal or entity, without both (a) GOURMESSO'S full knowledge as to the surrogate action being taken and (b) GOURMESSO'S express permission. This prohibition is intended to protect the privacy and freedom of GOURMESSO customers and the personal relation GOURMESSO works to develop with its customers and others authorized to use its site.
Submissions to the Site
We welcome your comments regarding the Gourmesso.com website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively Comments) sent to Gourmesso.com shall be and remain the exclusive property of GOURMESSO. Your submission of any such comments shall constitute an assignment to GOURMESSO of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the comments. GOURMESSO will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, products, ideas, computer code or original artwork.
Description of Products
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated to, limit the sales of our products or services to any person, geographic region or jurisdiction, and we may exercise this right on a case by case basis. We reserve the right to limit the quantities of any product or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this website is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Certain content, products and services available via our services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per house or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contracting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Violations; Termination of Usage
GOURMESSO may terminate or suspend your access to all or part of the services immediately and without notice for any conduct that GOURMESSO, in our sole discretion, believes is in violation of any applicable law or is harmful to the interests of GOURMESSO or any third party. Upon termination, you must cease use of the services and all related content. GOURMESSO reserves the right to seek remedies available by law and in equity for violations of theses Terms and Conditions, including the right to block access to the website from a particular Internet address.
This website and all contents of this site are provided on an "as is" basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for particular purpose. We acknowledge, by your use of this website, that your use of this website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our website, and that GOURMESSO shall not be liable for any damages of any kind related to your use of this website.
From time to time, there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing and availability. GOURMESSO reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
These Terms and Conditions and any separate agreements whereby we provide your services shall be governed by and construed in accordance with the laws of the state of New York.
You agree to defend, indemnify and hold GOURMESSO harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site, including, without limitation, your use of this Gourmesso.com website in violation of these Terms and Conditions.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions. Such determination shall not affect the validity of enforceability of any other remaining provisions.