Terms of Use

Welcome to Beancraft, Inc.’s (“Beancraft” or “we” or “us”) website hosted at beancraft.com (the "Website").  

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE.  BY ACCESSING AND/OR USING THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE "TERMS").  IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE. NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER:  THIS AGREEMENT INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH THE COMPANY.  PLEASE READ IT CAREFULLY.

 

GENERAL PROVISIONS 

Beancraft provides an online multi-roaster marketplace that connects coffee lovers with independent, artisan coffee roasters nationwide.  Customers (hereafter “You”, “Your”, “User” or “Users”) can shop from a range of coffee roasters and place one-time orders or sign up for recurring orders for bags of roasted coffee.    

Content and Accuracy of Information:  We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or currentness of any information on this Website. 

Use of Website Content: All materials provided on the Website, including but not limited to information, documents, products, logos, graphics, sounds, images, compilations, content and services ("Materials" or “Content”), are provided either by Beancraft or by respective third-party roasters and are the copyrighted works of Beancraft and/or its roasters (or is permitted/licensed to be used by roasters), unless specifically provided otherwise.  Except as stated herein, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Beancraft and/or a roaster. Also, you may not "mirror" or “archive” any Materials contained on the Website on any other server without Beancraft’s prior express written permission. 

Except where expressly provided otherwise by Beancraft, nothing on the Website shall be construed to confer any license or ownership right in or to the Materials, under any of Beancraft’s intellectual property rights, whether by estoppel, implication, or otherwise.  You acknowledge sole responsibility for obtaining any such licenses. Materials provided by roasters have not been independently reviewed, tested, certified, or authenticated in whole or in part by Beancraft. Beancraft does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Beancraft. 

Any unauthorized use of any Materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.  It is the Users’ and roasters’ obligation to comply with all applicable state, federal and international laws. Users and roasters are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer. Users and roasters agree to accept responsibility for all activities that occur under your account or password. 

Termination: You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason.  Any Users who request excessive returns or make orders that result in excessive fraud and/or chargebacks may have their account suspended or terminated.  We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

 

INFORMATION FOR USERS
In order to set up an account on the Website, Users will have to provide their full name, address, active email address, phone number, credit card information, all of which is subject to Beancraft’s Privacy Policy (insert link). Any submission of false or materially inaccurate information by users in creating an account shall constitute a basis for Beancraft to terminate the account and bar such users from making further access or use of the Website.  You may only create one account per person, and any user creating multiple accounts with different email addresses may be subject to account termination.

 

SUBSCRIPTION OPTION
Beancraft offers a subscription program whereby Users can subscribe to receive recurring shipments of specific products or products from a particular product collection. To subscribe, you will need to enter your billing information and select the desired subscription program. The initial fee is charged right after you press the Submit Order button on the Secure Checkout page. However, after that, please note by enrolling into the subscription program, you are agreeing to pay and authorize Beancraft to automatically charge your credit card for the amount of each future shipment as shown on the subscription program offering page at the frequency you select until you cancel. We will save your credit card information for use on all future purchases. All subscription charges, including the first month’s shipment, are non-refundable. If you wish to edit or cancel your monthly membership, you must do so from your My Account section or by contacting Beancraft at help@beancraft.com. 

We accept major credit cards as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.

 

SUBMISSIONS 

Except where expressly provided otherwise by Beancraft, all comments, feedback, information and data submitted to Beancraft through, in association with or in regard to the Website ("Submissions") shall be considered non-confidential and Beancraft’s property.  This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method Beancraft sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to Beancraft, you agree to assign to Beancraft, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant Beancraft these rights.  Beancraft shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Beancraft, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity.   

Beancraft reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any Beancraft site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any Beancraft site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

All Submissions must be true, and in accordance with the rights of privacy and publicity and all federal, state and international law.  You may not upload an image or any likeness of another without their consent (or the consent of their parent or guardian if they are under the age of 18).  If you do so, Beancraft reserves the right to cancel or suspend your account. Furthermore, Beancraft reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using Beancraft for improper purposes, or any purpose inconsistent with its business.

 

CHILDREN 

Beancraft does not accept Submissions from persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides (“Child” or “Children”).  Furthermore, Beancraft does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 13. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms.  If you are under the age of 18, your parent or legal guardian’s consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms.  Furthermore, to the extent any user under the age of 18 makes a Submission of copyrighted materials heretofore, their parent or legal guardian hereby grants Beancraft all rights to utilize the copyright and image / likeness embodied therein as further enumerated in these Terms.

 

LINKS TO THIRD PARTY SITES 

The Website may contain links or have references to websites controlled by parties other than Beancraft.  Beancraft is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites. Beancraft is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Beancraft of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Beancraft.  It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

 

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BEANCRAFT EXCEED $1,000.00. IN NO EVENT SHALL BEANCRAFT OR ANY THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED “INDEMNITIES”.

 

LICENSES FROM BEANCRAFT 

Users are being granted solely a revocable, limited license, to access and use the Website in compliance with these Terms.

 

LICENSES FROM USERS 

You grant to Beancraft and its Third-Party Providers the non-exclusive, worldwide right to use, copy, transmit and display any User-generated content such as, but not limited to, reviews, comments, forum posts, blogs, messages, uploaded files, solicitations, data, information, or any other content or materials, provided to Beancraft by you in the course of accessing and/or using the Website.  Notwithstanding the foregoing, Beancraft’s obligations regarding identification and other information concerning your personal information shall be governed by the terms of the Privacy Policy available at [add link]. The terms of the Privacy Policy are expressly incorporated herein as though set forth in full.

 

REPRESENTATIONS AND WARRANTIES 

Each User represents and warrants that it has the power and authority to enter into these Terms.  Beancraft warrants that it will provide the Website and all services in a manner consistent with its business practices, as Beancraft, in its sole and absolute discretion, deems fit.  To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into these Terms on their behalf.

 

DISCLAIMER OF WARRANTIES 

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BEANCRAFT, THE MATERIALS ON THE WEBSITE ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN.  EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, BEANCRAFT AND ITS THIRD PARTY PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE WEBSITE, THE MATERIALS, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. BEANCRAFT AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED WITH THE WEBSITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE WEBSITE AND/OR THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BEANCRAFT AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICES AND WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER BEANCRAFT NOR ITS THIRD-PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. BEANCRAFT IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY BEANCRAFT, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS.  BEANCRAFT EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED ON THE WEBSITE. YOU USE THIRD PARTY PROVIDERS AND AFFILIATED SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY PROVIDERS AND SERVICES.

 

INDEMNITIES 

You shall defend and indemnify Beancraft and its Third-Party Providers against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) finally awarded against Beancraft or its Third-Party Providers by a court of competent jurisdiction arising out of or in connection with a claim by a third party related to you. Beancraft shall have no indemnification obligation or other liability for any claim of infringement arising from (a) use of the Website and/or the services associated with the Website other than in accordance with these Terms; (b) the combination of the Website and/or the services associated with the Website with any other products, services, or materials; or (c) any third-party products, services, or materials.

 

YOUR RESPONSIBILITIES 

You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Beancraft controls and operates the Website and services associated therewith. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person, nor defame any person or entity.

 

NOTICES 

Beancraft may give notice by means of a general notice on the Website, electronic mail to your email address on record in Beancraft’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Beancraft’s account information. All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website.

Furthermore, Beancraft complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to the Beancraft designated agent via email at help@beancraft.com or via registered US mail sent return receipt to: DMCA Compliance Agent, Beancraft, Inc., 2646 29th Street, Santa Monica, CA 90405.

You may give notice to Beancraft at any time by letter sent by registered mail with return receipt to: Beancraft, Inc., 2646 29th Street, Santa Monica, CA 90405.

 

RESOLUTION OF DISPUTES – MANDATORY ARBITRATION AND CLASS ACTION WAIVER 

We offer the following process to help you resolve a complaint or Dispute (as defined below) that you may have with Beancraft or the use of this Website. Please read this section carefully. Our Customer Service Department, which you can reach at help@beancraft.com can help you resolve most of your concerns. If our Customer Service Department is unable to resolve your complaint or Dispute, you agree to take the following steps to resolve any Dispute you may have with us.

 

Step 1. Notice of Dispute  

You must first try to resolve any complaint or Dispute with us through our Notice of Dispute process. You begin by submitting a “Notice of Dispute” with any supporting documents or other information by U.S. Mail to:

 

Beancraft, Inc.
Attention: Notice of Dispute
2646 29th Street
Santa Monica, CA 90405

A “Notice of Dispute” is a written form in which you provide your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from us.  Once we receive your Notice of Dispute, you and we will attempt to resolve any Dispute through informal negotiation within forty-five (45) days from the date the Notice of Dispute is received by us. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, you or we may initiate an arbitration proceeding or small claims action as described below.
You agree that the term “Dispute” in these Terms of Use will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us relating to the Website, the Services, the Terms of Use (or any breach thereof) – whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability, or scope of this arbitration provision.

 

Step 2: Arbitration 

If your Dispute is not resolved to your satisfaction within 45 days from when we received your Notice of Dispute, you and we agree to arbitrate all Disputes between us.  As explained below, you and we also may also have the right to bring an individual action before a Small Claims Court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement. 

By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury (except Small Claims Court). Instead, a neutral arbitrator will resolve all Disputes. 

To read more about arbitration, visit www.adr.org. The American Arbitration Association (“AAA”) will conduct any arbitration under its Consumer Arbitration Rules in effect at that time.

You can review the Consumer Arbitration Rules here:
https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&.

You may begin an arbitration with us by completing a Demand for Arbitration form, available by clicking here: https://www.adr.org/aaa/ShowPDF?doc=ADRSTG_015820].

The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us.  If, for any reason, the AAA is unavailable, the parties shall mutually select another arbitration forum which will be governed by the AAA Consumer Arbitration Rules. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.

 

Class Action Waiver

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity or as a private attorney general are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court or arbitrator finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.

 

Costs 

If you initiate an arbitration with the AAA, we will promptly reimburse you for any standard filing fee you may have been required to pay by the AAA, once you have notified us in writing and provided a copy of the arbitration demand. However, if we are the prevailing party in the arbitration, we will be entitled to seek and recover our attorneys’ fees and costs, subject to the arbitrator’s determination and applicable law.

 

Small Claims Option 

You may also litigate any Dispute in Small Claims Court in the County of Los Angeles, California, if the Dispute meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Los Angeles by clicking here: http://www.lacourt.org/division/smallclaims/smallclaims.aspx. However, if you initiate a Small Claims case, you are responsible for all your court costs.

 

Choice of Law and Forum Selection 

You agree that the laws of the State of California govern this agreement and any claim or Dispute or issues arising from it, without regard to California’s conflict of laws rules. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in the County of Los Angeles in the State of California and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

 

Governing Law & Exclusive Venue

Use of the Website and any claim relating to Beancraft shall be governed by the laws of the State of California and litigated in the State of California.  Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Website shall be subject to the exclusive jurisdiction of the state and federal courts located in California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Website from even if you are accessing the Website from outside of the United States of America.  

The Terms of Use (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Beancraft reserve the right to change these Terms of Use or policies relating to the Website at any time and from time to time, and such changes will be effective upon being posted herein.  You should visit this page from time to time to review the then current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time. Your continued use of the Website after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

You may not assign these Terms of Use without the prior written approval of Beancraft.  Any purported assignment in violation of this section shall be void. Beancraft reserves the right to use Third Party Providers in the provision of the Website and/or the goods, service and/or Materials associated therewith.  In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute. Any and all rights not expressly granted herein are reserved by Beancraft.

If you have any questions regarding these terms or wish to contact us for any matter, email: help@beancraft.com