PLEASE
READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
We maintain this web site as a service to our customers, and by using
our site you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms and conditions
carefully, and check them periodically for changes. If you do not agree
to the terms and conditions, you should not review information or
obtain goods, services or products from this site.
- 1. Acceptance of Agreement.
- You agree to the terms and conditions outlined in this
Terms and Conditions of use Agreement ("Agreement") with respect to our
site (the "Site"). This Agreement constitutes the entire and only
agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended by us at any time and
from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior
to using the Site.
- 2. Copyright.
- The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to
the Site are protected under applicable copyrights, trademarks,
registered trademarks and other proprietary (including but not limited
to intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site
does not constitute a waiver of any right in such information and
materials.
- 3. Fraud
- By becoming a member, you confirm that the information
provided in this form is true and that you agree to abide by the Terms
and Conditions of use of this site. Please note that your membership
can be cancelled without notice if it
is determined that false or misleading information has been provided,
the Terms and Conditions of use have been violated, or other abuses
have occurred as determined by The Expresso Shoppe in its sole
discretion. If membership has been revoked, The Expresso Shoppe
reserves the right to refuse application or readmission to the
membership program.
- 4. Limited Right to Use
- The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited,
nonexclusive license for use solely by you for your own personal use
and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content,
form or document may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical, other than for
your personal use (but
not for resale or redistribution).
- 5. Editing, Deleting and Modification
- We reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of the
Site.
- 6. Indemnification
- You agree to indemnify, defend and hold us and our
partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
- 7. Nontransferable
- Your right to use the Site is not transferable. Any
password or right given to you to obtain information or documents is
not transferable and may only be used by you.
- 8. Disclaimer
- THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION,
OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US.
THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- 9. Limits
- All responsibility or liability for any damages caused by
viruses contained within the electronic file containing the form or
document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY
RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability
to you under all circumstances will be
equal to the purchase price you pay for any goods, services or
information.
- 10. Use of Information
- We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all
information provided by you in any manner consistent with our Privacy
Policy.
- 11. Third-Party Services
- We may allow access to or advertise third-party merchant
sites ("Merchants") from which you may purchase or otherwise obtain
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS
AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
- 12. Third-Party Merchant Policies
- All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on such
sites. We are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors and neither
party has authority to make any representations or commitments on
behalf of the other.
- 13. Privacy Policy
- Our Privacy Policy, as it may change from time to time, is
a part of this Agreement. Please review our Privacy Policy for details.
- 14. Payments
- You represent and warrant that if you are purchasing
something from us or from our Merchants that (i) you are an individual
authorized to incur charges on the account you provide, that (ii) any
credit card information you supply is true, correct and complete, that
(iii) charges incurred by you will be honored by your credit card
company, and that (iv) you will pay the charges incurred by you at the
posted prices, including any shipping fees and applicable taxes.
- 15. Securities Laws
- This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance
and demand for our products or services, as well as our intentions,
plans and objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and estimates which
are subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans," "intends" and similar
expressions are intended to identify forward-looking statements
designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not
constitute an offer or a solicitation of an offer for sale of any
securities. None of the information contained herein is intend ed to
be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
- 16. Links to Other Web Sites
- The Site may contain links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web
sites, and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the linked Web site
by us. If you decide to leave our Site and access these third-party
sites, you do so at your own risk.
- 17. Submissions
- All suggestions, ideas, notes, concepts and other
information you may from time to time send to us (collectively,
"Submissions") shall be deemed and shall remain our sole property and
shall not be subject to any obligation of confidence on our part.
Without limiting the foregoing, we shall be deemed to own all known and
hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the
Submissions for any purpose, without
compensation to the provider of the Submissions.
- 18. Return Policy
- Depending on the specifics of the item purchased, returns
may or may not be available. Our Return Policy, as it may change from
time to time, is a part of this Agreement. Please review our Return
Policy for details.
- 19. Venue; Applicable Law
- YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY
OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY
SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE CIRCUIT COURT OF
“DuPage, Illinois OR THE UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF Illinois . YOU ARE EXPRESSLY
SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION
OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT
Bensenville, Illinois IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM
BASED ON LACK OF VENUE. This site is created and controlled by The
Expresso Shoppe in the State of Illinos, USA. As such, the laws of
Illinois will govern the terms and conditions contained in this
Agreement and elsewhere throughout the Site, without giving effect to
any principles of conflicts of laws.
- 20. Lapsed Accounts
- In order to keep The Expresso Shoppe membership roster
current, if a Member does not access his or her account for a period
180 days or more, The Expresso Shoppe may, in its sole discretion,
terminate such Member's account. The Expresso Shoppe will endeavor to
notify a Member of The Expresso Shoppe intent to terminate such
Member's account by notice to such Member's provided email address at
least 7 days prior to deactivation. If the Member fails to respond to
such email notice, such
Member's account will be terminated as noted above. Therefore, The
Expresso Shoppe strongly recommends that all Members keep their
accounts and contact data current and in use. While The Expresso Shoppe
desires to prevent active accounts from being terminated prematurely,
The Expresso Shoppe has no obligation to maintain accounts that appear
to The Expresso Shoppe to have been abandoned. Each Member agrees that
failure to access his or her account for 180 days or more conclusively
indicates that such Member's account has been abandoned and that the
account may therefore be terminated.
- 21. Verify Members' Address
- The Expresso Shoppe reserves the right to contact a Member
via postal or email to verify the accuracy of account information
(including the Member's correct name and address) that is needed to
provide the Member with the information he or she requested from The
Expresso Shoppe.
|
