KOFFEE-O-MATIC TERMS OF SERVICE
Alexander Online Sales furnishes the Website and the Services for your personal enjoyment and entertainment. By visiting the Website (whether or not you are a registered member) or using the Services, you accept and agree to be bound by this Agreement, including any future modifications (“Agreement”), and to abide by all applicable laws, rules and regulations (“Applicable Law”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Alexander Online Sales, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
YOUR KOFFEE-O-MATIC ACCOUNT.
The Website Operator allows individuals to create an account for the purpose of participating in our community forums, commenting on articles, and potentially contributing articles to the Service. If you create an account on the Website, you are responsible for maintaining the security of that account, and you are fully responsible for all activities that occur under the account. You must not post content that is misleading or unlawful, including in a manner intended to trade on the name or reputation of others, and Alexander Online Sales may change or remove any content that it considers inappropriate or unlawful, or otherwise likely to cause Alexander Online Sales liability. You must immediately notify Alexander Online Sales of any unauthorized uses of your account or any other breaches of security. Alexander Online Sales will not be liable for any acts or omissions by YOU, including any damages of any kind incurred as a result of such acts or omissions.
RESPONSIBILITY OF CONTRIBUTORS.
If you post to the community forum, comment on a blog, post an article to the Website, post links on the Website, or otherwise make (or allow any third-party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third-party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third-party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Alexander Online Sales or otherwise.
By submitting Content to Alexander Online Sales for inclusion on Koffee-O-Matic, you grant Alexander Online Sales a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting the Website and Alexander Online Sales. If you delete Content, Alexander Online Sales will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Alexander Online Sales has the right (though not the obligation) to, in Alexander Online Sales’ sole discretion (i) refuse or remove any content that, in Alexander Online Sales’ reasonable opinion, violates any Alexander Online Sales policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Alexander Online Sales’ sole discretion. Alexander Online Sales will have no obligation to provide a refund of any amounts previously paid, if any.
RESPONSIBILITY OF WEBSITE VISITOR.
Alexander Online Sales has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Alexander Online Sales does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Alexander Online Sales disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
RULES FOR USER CONDUCT AND USE OF THE SERVICE.
You need to be at least 13 years old and either (i) be a resident of the United States or (ii) otherwise be legally able to use this site based on your nation;s laws to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Website Operator. You agree to notify us immediately of any unauthorized use of your password and/or account. The Website Operator will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Website Operator, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third-party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Website Operator is not responsible for any public display or misuse of your User Content. The Website Operator does not, and cannot, pre-screen or monitor all User Content.
However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
USER CONTENT ON MESSAGE BOARDS AND FORUMS.
The Website Operator offers users the ability to post messages on community message boards and forums (collectively, “Forums”), which may be open to the public generally, to all members of the Website, or to a select group of members to a specific Forum group. You acknowledge that all Content posted on Forums is User Content, and by posting on Forums you agree to comply with the rules and restrictions on User Content set forth above and any other rules specifically applicable to such Forums. Website Operator reserves the right, but disclaims any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum or refuse to include your User Content in a Forum for any reason at any time, in Company’s sole discretion and without notice to you.
You acknowledge that messages posted on such Forums are public, and the Website Operator cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. Alexander Online Sales is not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information.
OUR RIGHTS WHEN YOU SUBMIT CONTENT TO US.
The Website (including all text, photographs, graphics, video and audio content contained on the websites) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. All individual articles, blogs, videos, content and other elements comprising our site are also copyrighted works, and we (subject to the rights of our licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You must abide by all additional copyright notices or restrictions contained on our site.
It important to understand that by posting or submitting content on or to our site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving us, and our affiliates, agents and third-party contractors the right to display or publish such content on our site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes. Without limiting the generality of the foregoing, with respect to any video submissions to us made by you from time to time, you understand and agree that (unless you and we agree otherwise) we may, or may permit users to, based solely on functionality provided and enabled by our website, compile, re-edit, adapt or modify your video submission, or create derivative works therefrom, either on a stand-alone basis or in combination with other video submissions, and (unless you and we agree otherwise) you shall have no rights with respect thereto and we or our licensees shall be free to display and publish the same (as so compiled, re-edited, adapted, modified or derived) for any period.
Additionally, you shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions.
In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice. You understand that when you submit content in any form to Koffee-O-Matic we may authorize such content to be distributed or syndicated to or published on other Alexander online Sales Websites, platforms, and environments.
ONLINE CONTENT DISCLAIMER.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Website Operator, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Website Operator does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Website Operator adopt nor endorse, nor is the Website Operator responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Website Operator. The Website Operator takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or sends over the Service. Under no circumstances will the Website Operator be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Though the Website Operator strives to enforce these Terms of Service, you may be exposed to User Content that is inaccurate or objectionable. The Website Operator reserves the right, but has no obligation, to monitor the materials posted in the public areas of the service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Service or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. [E-mails sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.] The Website Operator shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us [email protected]
YOUR EXPOSURE TO OTHERS’ USER CONTENT
You understand that the Website Operator does not control the User Content posted by users via our Services and, as such, you understand you may be exposed to offensive, inaccurate or otherwise objectionable User Content. The Website Operator assumes no responsibility or liability for this type of Content. If you become aware of any misuse of the Company Services, including in violation of any “Restrictions on Use of Company Services,” please report it immediately to Alexander Online Sales. Website Operator assumes no responsibility for monitoring the Website or Services for inappropriate User Content or user conduct. If at any time, Alexander Online Sales chooses in its sole discretion to monitor the Website and Services, Website Operator nonetheless assumes no responsibility for Content other than Alexander Online Sales Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.
You are solely responsible for your interactions with other users of the Website and the Services, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Services. Alexander Online Sales reserves the right, but has no obligation, to become involved in any way with any disputes between you and such parties.
LINKS TO OTHER SITES AND/OR MATERIALS.
As part of the Service, the Website Operator may provide you with convenient links to third-party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Website Operator has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Website Operator, and the Website Operator is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications,
Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. The inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Website Operator. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT.
As Alexander Online Sales asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Koffee-O-Matic violates your copyright, you are encouraged to notify Alexander Online Sales in accordance with Alexander Online Sales’ Digital Millennium Copyright Act (“DMCA”) Policy, listed below. Alexander Online Sales will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Alexander Online Sales will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Alexander Online Sales or others. In the case of such termination, Alexander Online Sales will have no obligation to provide a refund of any amounts previously paid to Alexander Online Sales, if any.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Website Operator a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and Website Operator names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE.
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Website Operator or any of its officers, employees, agents or representatives in any situation where notice to the Website Operator is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM.
For contractual purposes, you (a) consent to receive communications from the Website Operator in an electronic form via the email address you have submitted; and (b) agree that all Terms of Service, agreements, notices, disclosures, and other communications that the Website Operator provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the Website Operator and special offers. You may opt out of such email by changing your account settings or sending an email to [email protected] or mail to the following postal address:
Koffee-O-Matic/Alexander Online Sales
700 5th Avenue
Parkesburg PA 19365
Opting out may prevent you from receiving messages regarding the Website Operator or special offers.
Alexander Online Sales may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Koffee-O-Matic account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Alexander Online Sales if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Alexander Online Sales’ notice to you thereof; provided that, Alexander Online Sales can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SPONSORED CONTENT DISCLOSURE.
Alexander Online Sales reserves the right, but has no obligation, and may accept forms of cash advertising, sponsorship, paid insertions or other forms of compensation. The compensation received may influence the advertising content, topics or posts made in this blog. Additionally, that content, advertising space, or post may not always be identified as paid or sponsored content. The Website Operator reserves the right, but has no obligation, and may receive compensation to provide an opinion on products, services, websites and various other topics. Even though the Website Operator may receive compensation for posts or advertisements, we pledge to always give our honest opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on this Website are purely the author’s own. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. Koffee-O-Matic does not contain any content which might present a conflict of interest.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE WEBSITE OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE WEBSITE OPERATOR MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE WEBSITE OPERATOR, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE WEBSITE OPERATOR OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WEBSITE OPERATOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
GENERAL REPRESENTATION AND WARRANTY.
Alexander Online Sales may, from time to time, post Alexander Online Sales employment opportunities on the Services and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to Alexander Online Sales in response to employment listings, you are authorizing Alexander Online Sales to utilize this information for all lawful and legitimate hiring and employment purposes. Company also reserves the right, at its sole discretion, to forward the information you submit to its Affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Services will constitute a promise by Alexander Online Sales to contact, interview, hire or employ any individual who submits information to it, nor will anything in this Agreement or contained in the Company Services constitute a promise that Company will review any or all of the information submitted to it by users of the Company Services.
MODIFICATION OF TERMS OF SERVICE
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Service. However, we will notify you of material changes to the terms by posting a notice on our forum and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Website Operator’s rights here-under shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Website Operator. No purported waiver or modification of this Agreement by the Website Operator via telephonic or email communications shall be valid.
This Agreement constitutes the entire agreement between Alexander Online Sales and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Alexander Online Sales, or by the posting by Alexander Online Sales of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Commonwealth of Pennsylvania, U.S.A, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in County of Chester, Pennsylvania. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in County of Chester, Pennsylvania, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Alexander Online Sales may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You agree that any cause of action related to or arising out of your relationship with the Website Operator must commence within THREE (3) MONTHS after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Last Updated: This Terms of Service was last updated on 01-Dec-2017.
I. INFORMATION WE COLLECT
1. Information collected via Technology
Like most website operators, Alexander Online Sales collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Alexander Online Sales’ purpose in collecting non-personally identifying information is to better understand how Alexander Online Sales’ visitors use its website. From time to time, Alexander Online Sales may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Alexander Online Sales also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Koffee-O-Matic blogs or forum. Alexander Online Sales only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators and moderators of the site.
2. Information you provide us interacting with the website
Certain visitors to Alexander Online Sales’ websites choose to interact with Alexander Online Sales in ways that require us to gather personally-identifying information. The amount and type of information that Alexander Online Sales gathers will depend on the nature of the interaction. For example, we ask visitors who sign up at Koffee-O-Matic to provide a username and email address. Nevertheless, in each case, Alexander Online Sales collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Alexander Online Sales. Website Operator does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
3. Information collected through a social media platform
II. HOW WE USE AND SHARE INFORMATION
We use the information we collect from and about you for these additional purposes:
- To allow service providers to assist us in providing and managing the Website and Services.
- To allow social sharing functionality.
- To provide co-branded services and features.
- To deliver relevant advertisements.
- To contact you.
- To share with other Alexander Online Sales owned Websites, Services, and Businesses.
- To protect the rights of Alexander Online Sales and others.
- To complete a merger or sale of assets.
III. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures such as firewalls. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and security software. By using our Service, you acknowledge that you understand and agree to assume these risks.
V. ADS POLICY
VI. EMAIL POLICY
Alexander Online Sales is committed to complying with all U.S. privacy laws, such as the CAN-SPAM Act, and all other applicable privacy laws, such as Canada’s Anti-Spam Legislation, and it is our intention that our email communications be pursuant to such laws.
With the noted exceptions outlined herein, Alexander Online Sales does not allow any third-party company to use your email address for commercial purposes without your expressed permission. We will send you newsletter communications, partner sponsorship messages, account alerts, and any other emails you have requested to receive. If you would like to opt-out of any specific newsletters or mailings, please login to your profile to change your settings.
VII. CHILDREN UNDER 13
Koffee-O-Matic is not intended for children under 13 years of age. No one under age 13 may provide any information to or on Koffee-O-Matic. Alexander Online Sales does not knowingly target advertising to, or collect information from, children under the age of 13. If you are under 13, do not use or provide any information on the Website or on or through any of its features, register on the Koffee-O-Matic, use any of the interactive or public comment features, or otherwise provide any information about yourself to us, including your name, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at [email protected]
VIII. DATA RETENTION
IX. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION
X. LINKS TO OTHER WEBSITES
XII. CONTACT US
Digital Millennium Copyright Act (DMCA) Policy
Alexander Online Sales follows the safe harbor provisions of 17 USC. § 512, otherwise known as the Digital Millennium Copyright Act (DMCA). Consequently, we will respond to a written notification of copyright infringements in accordance with the DMCA. If you believe your copyrighted material is being infringed on our Website, please contact us immediately.
In order for us to respond, you must provide us notice in a form that substantively complies with the safe harbor provisions of the DMCA. Your notice of claimed infringement must be written and include ALL of the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you such as an address, telephone number, and if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
- If you do not provide a written notice that meets these elements, we will not honor your request and are not required by law to do so.
If you believe that any material residing on or linked to from Koffee-O-Matic infringes your copyright, the Alexander Online Sales’ Copyright Agent for notification of claimed infringement can be reached at:
Timothy Alexander/Copyright Agent
Email: [email protected]
Subject: DMCA Notice
Address: 700 5th Ave, Parkesburg PA 19365
Please Note: Under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages. Alexander Online Sales will peruse all legal and administrative remedies deemed appropriate with regard to any intentional misrepresentations in a notification or counter-notification of claimed infringement.
Last Updated: This Digital Millennium Copyright Act (DMCA) Policy was last updated on 1-Dec-2017.