TERMS & CONDITIONS
Terms of Use
Welcome to the Southbound Coffee Company website. We’ve built our
website to share information about our company and coffees, to provide
updates about our company, and to allow you to purchase our coffees and
other products and have them shipped directly to you.
The following terms preside over your access to and use of the Southbound
Coffee Company website, including any content and services offered via our
website. By using our website, you agree to these terms.
We may revise and update these terms from time to time and all revisions are
effective immediately when we post them. Your utilization of our website
following the posting of revised terms means that you opt-in and agree to any
changes.
Privacy
Your privacy is our priority. Please review our privacy policy below to
understand our privacy practices. All information you provide to us is subject
to our privacy policy.
Trademarks
Southbound Coffee Company and the Southbound Coffee Company logo are
registered trademarks of Southbound Coffee Company. You must not use
these trademarks without our prior written permission. All other names, logos,
product and service names, designs and slogans that may appear on this
website are the trademarks of their respective owners.
Other Intellectual Property Rights
This website and its entire contents, features and functionality (including but
not limited to all information, software, text, displays, images, video and audio,
and the design, selection and arrangement thereof) are owned by Southbound
Coffee Company, its licensors, or other providers of such material and are
protected by U.S. and international copyright, trademark, patent, trade secret
and other intellectual property or proprietary rights laws.
Our terms allow you to utilize our website for your personal, non-commercial
use only. You must not distribute, reproduce, create derivatives, modify,
publicly display, republish, publicly perform, store, transmit, or download any
of the material on our website, except as follows:
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
Permitted and Prohibited Uses
You may only use our website for lawful intents and in alignment with our
terms. You agree not to utilize our website in any way that violates any
applicable federal, state, local or international law or regulation (including,
without limitation, any laws regarding the export of data or software to and
from the U.S. or other countries). You also agree not to:
- Use our website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our website.
- Use any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our website.
- Use any device, software or routine that interferes with the proper working of our website. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our website, the server on which our website is stored, or any server, computer or database connected to our website.
- Attack our website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our website.
Reliance on Website 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. Any reliance you place on such information is
strictly at your own risk. 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.
Purchasing Our Products
You may only register for a Southbound Coffee Company account and
purchase our products if you are at least 18 years old. When you register for
an account, you represent that (1) you meet such age requirement, (2) all of
the information you provide is accurate, current and complete, (3) you will be
solely responsible for all transactions that take place using your account, and
(4) you will be solely responsible for maintaining the secrecy and security of
your account and password. We reserve the right to refuse service, terminate
your account, or cancel your orders in our sole discretion, including, without
limitation, if we believe that your conduct violates applicable law or is harmful
to our interests.
Links from this Website
Any links from this website to other sites and resources provided by third
parties are provided for your convenience only. We have no control over the
contents of those sites or resources, and accept no responsibility for them or
for any loss or damage that may arise from your use of them. If you decide to
access any of the third-party websites linked to our website, you do so entirely
at your own risk and subject to the terms and conditions of use for such
websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files
available for downloading from the internet or this website will be free of
viruses or other destructive code. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for anti-virus protection and accuracy of data input and output, and for
maintaining a means external to our website for any reconstruction of any lost
data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY
A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER
TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR
COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER
PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO
YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY
WEBSITE LINKED TO IT.
YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR
ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK.
OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER SOUTHBOUND COFFEE
COMPANY NOR ANY PERSON ASSOCIATED WITH SOUTHBOUND
COFFEE COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT
LIMITING THE FOREGOING, NEITHER SOUTHBOUND COFFEE
COMPANY NOR ANYONE ASSOCIATED WITH SOUTHBOUND COFFEE
COMPANY REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS
CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH 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 MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
IN NO EVENT WILL SOUTHBOUND COFFEE COMPANY, ITS AFFILIATES
OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY
WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH
OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN
AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS
OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF
USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY
TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR
OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify and hold harmless Southbound Coffee
Company, its affiliates, licensors and service providers, and its and their
respective officers, directors, employees, contractors, agents, licensors,
suppliers, successors and assigns from and against any claims, liabilities,
damages, judgments, awards, losses, costs, expenses or fees (including
reasonable attorneys' fees) arising out of or relating to your violation of these
terms or your use of 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 or your use of any information obtained from our website.
Governing Law and Jurisdiction
All matters relating to our website and these terms and any dispute or claim
arising therefrom or related thereto (in each case, including non-contractual
disputes or claims) will be governed by and construed in accordance with the
laws of Mississippi 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 Lowndes County, Mississippi. You waive any and all
objections to the exercise of jurisdiction over you by such courts and to venue
in such courts.
Dispute Resolution and Binding Arbitration.
(a) YOU AND SOUTHBOUND COFFEE COMPANY 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, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND
INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW,
INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) 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.
(b) 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 Section 12. (The AAA
Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-
778-7879.) The Federal Arbitration Act will govern the interpretation and
enforcement of this section. The arbitrator will have exclusive authority to
resolve any dispute relating to arbitrability and/or enforceability of this
arbitration provision, including any unconscionability challenge or any other
challenge that the arbitration provision or the Agreement is void, voidable or
otherwise invalid. 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. (c) You may elect to pursue your claim in small-claims court rather than
arbitration if you provide us with written notice of your intention do so within 60
days of your purchase. The arbitration or small-claims court proceeding will be
limited solely to your individual dispute or controversy. (d) You agree to an
arbitration on an individual basis. In any dispute, NEITHER YOU NOR
SOUTHBOUND COFFEE COMPANY 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.
Waiver and Severability
No waiver by Southbound Coffee Company of any term or condition set forth
in these terms will be deemed a further or continuing waiver of such term or
condition or a waiver of any other term or condition, and any failure of
Southbound Coffee Company to assert a right or provision under these terms
will not constitute a waiver of such right or provision.
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.
Recurring Subscriptions
When starting a Southbound Coffee subscription, you agree to be billed in a
recurring fashion on a per-order basis unless your subscription/s is a)
canceled or b) skipped.
Your subscription may be cancelled at any time via our website or via email
communication with our customer support team. If cancelling through email,
please allow up to 72 hours for cancellation. Our customer service information
is as follows:
- roasted@southboundcoffee.com
- Monday - Saturday during business hours
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.
Entire Agreement
These terms and our privacy policy constitute the sole and entire agreement
between you and Southbound Coffee Company with respect to our website
and supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to our
website.
Feedback
We welcome your comments and suggestions regarding our website and the
information, products and services we make available here. Contact us at
roasted@southboundcoffee.com provide feedback.
Thank you for visiting our website. We hope to see you in person soon.
Last modified: March 11, 2020
Privacy
Southbound Coffee Company is committed to protecting your privacy. This
Policy describes the types of information we may collect from you or that you
may provide when you visit our website and our practices for using,
maintaining, protecting and disclosing that information.
We may from time to time update this Policy, so we invite you to review this
web page periodically. In the event this Policy changes, we will inform you by
posting an updated Policy on this web page. All changes will go into effect on
the date noted above. The new Policy will apply to all past and current users
of our website and will replace any prior Policies.
What Information We Collect and How We Use It
We do not collect personally identifiable information from individuals unless
they provide it to us voluntarily and knowingly. Visitors to our website are not
required to register or provide information to us in order to view our website.
If you choose to establish a Southbound Coffee Company account, we collect
the following information about you: name, address, phone number, email
address, username and password. We use the information you supply for the
purpose of providing the services you have requested, and as described in
this Policy. In addition, we may from time to time contact you via email or
regular mail unless you opt-out by following the instructions in the "opting out"
section of this Policy.
If you shop with us, we collect the following information about you: name,
addresses, phone numbers, email addresses, billing information including
credit card numbers and expiration dates as well as the names, addresses
and phone numbers of gift recipients (if any). We use your name, address,
phone number and billing/credit card information to process your order or as
otherwise described in this Policy.
The email address you provide is used for internal purposes, such as
confirming and tracking your orders or as otherwise described in this Policy.
We may also contact you occasionally via email or regular mail to keep you
up-to-date on the latest Southbound Coffee Company news. If you would like
to opt out of receiving mailings from us, just let us know (see contact
information below). Also, gift recipients may, from time to time, receive offers
from us regarding new products and services that we think may be of interest
to them. We allow gift recipients the option to opt out of receiving future
marketing-related communications from us.
In certain instances, we may disclose your personally identifiable information
when we have reason to believe that it is necessary to identify, contact or
bring legal action against persons or entities who may be causing injury to
you, Southbound Coffee Company or others. We may also disclose your
personally identifiable information when we believe the law requires it. In the
event of a merger, consolidation or sale or transfer of all or substantially all of
our company or its assets, personal information collected by our website may
be transferred to the purchaser or the new company.
Use of Cookies
Our website uses "cookies." A cookie is a small file that is sent to your
browser from a web server and stored on your computer's hard drive. We use
cookies to help us determine whether a visitor to our website has visited our
website before or if he or she is a new visitor. Cookies also allow Southbound
Coffee Company account registrants to save time during checkout on return
visits. Most web browsers automatically accept cookies, but they should also
allow you to instruct your browser to prevent the use of cookies. Please note
that if you disable cookies, certain aspects of our website will not function
properly, such as the shopping cart. Our cookies do not track any personal
information about you or provide us with any way to contact you, and the
cookies do not extract any information from your computer.
We may use third-party analytical tools to help us better understand how you
use our website. These analytical tools will place cookies on your computer to
collect information. The information collected by these analytical tools will tell
us things like which search engine referred you to our website, how you
navigated around our website and what you purchased. This information will
help us to better serve you with more personalized information and product
offerings. The third-party provider of the analytical tools may only use your
personal information to perform services for us and is contractually required to
maintain all of the information it collects and analyzes for us securely and in
confidence. This third party may not share your personal information with
anyone else, or use it for any other purpose, except on an aggregate, non-
identifiable basis.
Updating, Deleting, Editing Your Account Information
After setting up an account with Southbound Coffee Company, you can
access, review, correct and/or delete all of the personally identifiable
information you provided to us by logging into your account. You may also ask
us to assist by emailing us at roasted@southboundcoffee.com.
Third Party Service Providers
We sometimes employ other companies and individuals to perform services
for us. For example, we may hire agencies to help administer consumer
promotions, to analyze data, to process and fulfill orders you place, and to
provide customer service. We may share your personally identifiable
information with these parties, who have agreed to hold this information in
confidence, not to use it for any purpose except to carry out the requested
service, and to honor Southbound Coffee Company’s privacy and security
policies in the way this information is handled.
Security
We take your privacy and security seriously. For this reason, we maintain
administrative, physical and technical safeguards that are designed to protect
your personal information from accidental, unlawful or unauthorized
destruction, loss, access, disclosure or use.
Opting Out
If you would rather not receive marketing emails from us, please let us know
by contacting us as indicated below.
Contacting Us
You may ask questions, submit comments and opt out of receiving updates
and other mailings from us by contacting us via email at
roasted@southboundcoffee.com or regular mail at Southbound Coffee
Company, 60 Brickerton St, Columbus, MS 39701
Last modified: March 11, 2020
