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Legal Policy
1. CONDITIONS FOR USE In order to provide you with the best
service possible, we want you to fully understand the conditions and terms set
forth below (our "CONDITIONS FOR USE") by which Empire Coffee &
Tea CO. Inc. offers services and information on or through this Web site.
Please review these CONDITIONS FOR USE carefully. By using this Web site
(collectively referred to in these CONDITIONS FOR USE as our "Web
site") you agree to be bound by the conditions set forth herein. Empire
Coffee & Tea CO. Inc. may make changes to our Web site, these CONDITIONS
FOR USE, or the policies and conditions that govern the use of our Web site at
any time. We encourage you to review our Web site and these conditions
periodically for any updates or changes. Your continued access or use of our
Web site shall be deemed your acceptance of these changes and the
reasonableness of these standards for notice of changes. If you do not agree
and/or no longer agree to be bound by the CONDITIONS FOR USE, you may not use
and must immediately cease your use of the Web site. USE OF WEB SITE You agree to use the Empire Coffee & Tea CO. Inc. web
site for lawful purposes. You agree not to use the service for illegal purposes
or for the transmission of material that is unlawful, harassing, libelous,
invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene,
or otherwise objectionable, or that infringes or may infringe the intellectual
property or other rights of another or that violates any federal, state, or
local law. You agree that Empire Coffee & Tea CO. Inc. may in its sole
discretion terminate your access to our Web site, without notice, if we believe
you have in any way violated our CONDITIONS FOR USE. MODIFICATIONS We reserve the right to modify or discontinue, temporarily
or permanently, any or all of the Web site and/or any or all features,
products, prices of products, services or information appearing on or available
through any or all of the Web site with or without notice to you. You agree
that we shall not be liable to you or any third-party for any modification or
discontinuance of such features, products, prices, services, or information on
the Web site or the Web site itself. INDEMNITY You agree to indemnify and hold Empire Coffee & Tea CO.
Inc. and our parents, affiliates (and their franchisees and licensees), and
subsidiaries, officers, directors, employees, successors and assigns, harmless
from any claim, loss or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of our Web site, your
connection to our Web site, your violation of these CONDITIONS FOR USE, or your
violation of any rights of another party. This indemnity survives termination
of these CONDITIONS FOR USE. SUBMISSION OF INFORMATION OR MATERIALS You agree to provide true, accurate, current and complete
information about yourself if and when you elect to provide personal
information to us. You also agree to maintain and promptly update any such
information to keep it accurate. Other than personally identifiable
information, which is addressed under our Privacy Policy, any and all comments,
suggestions, ideas, graphics, or other information that you transmit or post to
the Web site, including but not limited to U.S. postal mail and other carriers,
becomes and will remain the property of Empire Coffee & Tea CO. Inc. and
may be used by Empire Coffee & Tea CO. Inc. anywhere, anytime and for any
reason whatsoever. Whether we use your idea or suggestion, as mentioned above,
(or anything resembling it) or not remains Empire Coffee & Tea CO. Inc.
property entirely presently and in the future, meaning specifically there is no
limit of time. Should you decide to terminate this agreement; all said ideas
and suggestions as mentioned above in this paragraph remain the sole exclusive
property of Empire Coffee & Tea CO. Inc.. Except as may be provided in the
Privacy Policy, any information or materials submitted to us will be treated as
non-confidential and non-proprietary, and we will not have any obligation to
use or evaluate any information we receive from you. Empire Coffee & Tea
CO. Inc. will not have to pay you or anyone else for using any ideas or other
materials that you may transmit to or post on the Web site. You should rely
solely on your rights under patent, trademark, and copyright laws. The receipt
or consideration of your information by Empire Coffee & Tea CO. Inc. shall
in no way impair the right of Empire Coffee & Tea CO. Inc. to contest the
validity of your patent, trademark or copyright. LINKS The Empire Coffee Tea Co. Inc. Web site may provide links to other Web sites
or resources. These links are for your convenience only and are not under our
control. You acknowledge and agree that we are not responsible for the
availability of such external sites or resources, and we do not endorse any
such site, its use or contents and Empire Coffee Tea Co. Inc. is not responsible or liable for any content,
advertising, products, or other materials on or available from such Web sites
or resources. Further, you agree that Empire Coffee Tea Co. Inc. shall not be responsible or liable, directly
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with your use of or reliance on any such content, goods or services
available on such external sites or resources. In the event you decide to
access or use any of these other Web sites or resources, you agree you do so at
your own risk. Please be advised that other sites may have different privacy laws
and CONDITIONS FOR USE and should be carefully read. OUR PROPRIETARY RIGHTS Empire Coffee Tea Co. Inc. owns this web site and we operated it. All of
The Empire Coffee Tea Co. Inc. contents
including, but not limited to, the Web site design, trade dress, packaging ,
brand names, slogans, all written material on packaging, the Empire Coffee Tea
Co. Inc. web site and trademarks are
protected. Empire Coffee Tea Co. Inc. Reserves all Rights. Furthermore, Empire
Coffee Tea Co. Inc. reserves all rights
and protection from copying and simulation under all national and international
trademark and copyright laws and treaties around the Globe. You acknowledge and
agree that all content, including but not limited to text, software, music,
sound, photographs, graphics, video, or other material contained in
advertisements or information that may be presented to you on our Web site is
protected by our or other third parties' copyrights, trademarks, service marks,
patents, or other proprietary rights and laws. Empire Coffee Tea Co. Inc. authorizes you to view and download materials
at the Web site only for your personal, non-commercial use, provided you retain
all copyright and proprietary notices contained in the original materials on
any copies of the materials. You may not modify the materials on the Web site
in any way or reproduce or publicly display, perform, distribute, transmit,
create derivative works of, or otherwise use them for any public or commercial
purpose. Any use of these materials on any other Web site (including without
limitation, displaying this Web site or any material displayed on or that can
be downloaded from this Web site in frames on another Web site without the
express written permission of Empire Coffee Tea Co. Inc. is prohibited. SALE OF PRODUCTS You may be provided with the opportunity to purchase
products through the Web site and/or from third party Web sites linked to the
Web site. Products purchased through the Web sites of others are subject to the
terms and conditions of such other parties and their Web sites, and Empire
Coffee Tea Co. Inc. shall have no
liability or responsibility. HEALTH-RELATED INFORMATION The information contained in the Web site is provided for
informational purposes only and is not meant to substitute for the advice
provided by your doctor or other health care professional. You should not use
the information available on or through the Web site (including, but not
limited to, information that may be provided by healthcare or nutrition
professionals employed by or contracting with Empire Coffee Tea Co. Inc. for diagnosing or treating a health problem or
disease, or prescribing any medication. Information and statements provided
from links to or from other sites, regarding dietary supplements have not been
evaluated by the Food and Drug Administration and are not intended to diagnose,
treat, cure, or prevent any disease. Before using our product, you should
carefully read all our products packaging. Information on other web sites
provided by links can change quickly, Empire Coffee Tea Co. Inc. cannot guarantee that other web sites contents
are true, current, accurate and complete in any way, shape, or form. Empire
Coffee Tea Co. Inc. will not be liable
for any kind of damage or injury whatsoever from the use of our site or any
other link that is on our web site. DOMESTIC USE; EXPORT RESTRICTION Empire Coffee Tea Co. Inc. controls the Web site from our offices within
the United States of America. We make no representation that the Web site or
its content (including, without limitation, any products or services available
on or through the Web site) are appropriate or available for use in other
locations. Users who access the Web site from outside the United States of
America do so on their own initiative and must bear all responsibility for
compliance with local laws, if applicable. Further, the United States export
control laws prohibit the export of certain technical data and software to
certain territories. No content from the Web site may be downloaded in
violation of United States law. APPLICABLE LAW; JURISDICTION Any claim relating to the Web site, our CONDITIONS FOR USE,
and the relationship between you and us shall be governed by the laws of the
United States and the State of Florida or Pennsylvania without regard to its
conflict of law provisions. You agree to submit to the personal and exclusive
jurisdiction of the courts located within the State of Florida or Pennsylvania.
You also agree, the choice of which state will be chosen for jurisdiction is at
the sole discretion of Empire Coffee Tea Co. Inc. . DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT USE OF OUR WEB SITE IS AT YOUR SOLE
RISK AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. EMPIRE COFFEE TEA CO. INC. AND
ITS PARENTS, AFFILIATES (AND THEIR FRANCHISEES AND LICENSEES) AND SUBSIDIARIES
(COLLECTIVELY, "AFFILIATES") EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. EMPIRE COFFEE TEA CO. INC. AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS
OR IMPLIED, THAT THE WEB SITE OR ANY SERVICES, PRODUCTS, OR INFORMATION
OBTAINED ON OR THROUGH THE WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES EMPIRE COFFEE TEA CO.
INC. OR ITS AFFILIATES MAKE ANY
WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEB SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR
THROUGH THE WEB SITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY
THEREOF. EMPIRE COFFEE TEA CO. INC. MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY
INFORMATION THAT APPEARS ON THE WEB SITE OR ANY WEB SITE LINKED HEREUNDER. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE WEB SITE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR
NONUSE OF SUCH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR INFORMATION AND ANY BODILY INJURY. EMPIRE COFFEE TEA CO. INC. AND ITS AFFILIATES MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEB SITE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EMPIRE COFFEE TEA CO. INC. OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON
THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY YOU AGREE THAT EMPIRE
COFFEE TEA CO. INC. AND ITS AFFILIATES
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO
USE THE WEB SITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON OR
THROUGH THE WEB SITE, EVEN IF EMPIRE COFFEE TEA CO. INC. OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM:
PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE
WEB SITE; LINKING TO ANY THIRD PARTY WEB SITE FROM THE WEB SITE; ANY
UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEB SITE AND/OR SUBMITTED BY YOU
TO OR THROUGH THE WEB SITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; AND/OR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLE LOSSES. YOU FURTHER AGREE THAT EMPIRE COFFEE TEA
CO. INC. AND ITS AFFILIATES SHALL NOT BE
LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF
THE WEB SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION,
SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL,
INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. GENERAL These CONDITIONS FOR USE and our Privacy Policy constitute
the entire agreement between you and Empire Coffee Tea Co. Inc. with respect to the Web site; provided,
however, that certain provisions of these CONDITIONS FOR USE may be superseded
by expressly designated legal notices or terms which may be located on
particular pages on the Web site. Our failure to exercise or enforce any right
or provision of these CONDITIONS FOR USE shall not constitute a waiver of such
right or provision by us. If any provision of these CONDITIONS FOR USE is found
by a court of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of our CONDITIONS FOR
USE remain in full force and effect. Your agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related
to use of the Web site or our CONDITIONS FOR USE must be filed within one (1)
year after such claim or cause of action arose or be forever barred. 2. PRIVACY POLICY We take your privacy seriously and the following statement
discloses the privacy practices of Empire Coffee Tea Co. Inc. on this Web site. By using this Web site, you
agree, without limitation or qualification, to be bound by this Privacy Policy.
This Privacy Policy applies to the collection and use of information by Empire
Coffee Tea Co. Inc. on this Web site but
does not apply to information that you may send to us by other means. Empire
Coffee Tea Co. Inc. respects the privacy
of visitors to our online sites. The kinds of information we collect from you
will vary, depending on how you use our Web site. In order to take part in
certain services on our Web site, you will be required to provide certain
personal information (e.g., your name, address, e-mail address, mailing
address, phone, etc.). In addition to the information you choose to submit, our
systems are set up to gather certain anonymous data to help us better
understand how our site is being used and how we can improve it. This
automatically gathered data includes any content you view on our Web site will
only collect personally identifiable data, such as your name, address,
telephone number, mailing address and/or e-mail address, when it is voluntarily
submitted to us at this Web site. Empire Coffee Tea Co. Inc. and/or the companies we hire will use this
information to comply with your request for information or as otherwise
disclosed to you at the location at which you submit your information. From
time to time, we may refer to that information to better understand your needs
and how we can improve our products and services. We may use that information
to contact you. We may collect the aforementioned information through both
online and offline means. Information collected both online and offline may be
combined and shared with our marketing partners, advertisers, and other third
parties. We may use information collected from recipients of our marketing
campaigns, visitors to our Web sites, and our marketing partners, advertisers,
and other third parties for any of the following purposes in either the online
or offline arena: (1) to provide individuals with targeted offers based on
their specific requests or their stated preference to receive certain
categories of offers; (2) to send individuals information and promotional
materials from our company as well as from our marketing partners, advertisers,
and other third parties; (3) to deliver targeted display advertisements and
offers through online marketing communications, such as emails, banner
advertisements, and pop-up advertisements (by matching criteria provided by our
advertisers with information collected from our visitors); (4) to enable our
marketing partners, advertisers, and other third parties to communicate with
individuals; (5) to administer contests and sweepstakes offered on our Web
sites, Other Web Pages, or on our partners' Web sites; (6) to contact visitors
to our Web sites or registered members of our marketing campaigns when
necessary; (7) to help address problems with our Web sites or marketing
services; (8) to administer our Web sites; (9) to conduct internal reviews of
our Web sites (e.g., to determine the number of visitors to specific pages
within the site); (10) to help us better understand recipients of our marketing
campaigns and visitors' use of our Web sites; and (11) to protect the security
or integrity of our Web sites and Other Web Pages that are accessible through
our online marketing campaigns. Non-personal information will be used for these
purposes as well as for conducting internal reviews and monitoring of our Web
sites and Other Web Pages that are accessible through our online marketing
campaigns and providing a greater online experience for our visitors. We may transfer or otherwise disclose information collected
from recipients of our marketing campaigns, visitors to our Web sites, and our
marketing partners, advertisers, and other third parties to our employees and
independent contractors, to our subsidiaries and affiliates, and to our consultants,
other business associates, and suppliers, if the disclosure will enable that
party to perform a business, professional, or technical support function for
us. Disclosure of information may also be necessary to respond to judicial
process, to provide information to law enforcement agencies, or to facilitate
investigation of matters of public safety, as permitted by law. We may also disclose information we collect from recipients
of our marketing campaigns, visitors to our Web sites, and our marketing
partners, advertisers, and other third parties to other marketing partners,
advertisers, and third parties who may use the information in connection with
their business operations, such as to send targeted offers, marketing
materials, and other communications to them. Empire Coffee Tea Co. Inc. does not (except If Empire Coffee Tea Co. Inc.
were acquired by another company) sell,
or knowingly transfer any of the personal information provided by you or from
our marketing partners, advertisers, or other third parties. We are not responsible
for the practices of our marketing partners, advertisers, or other third
parties. MOMS & DADS, TEACHERS AND LEGAL GUARDIANS Empire Coffee Tea Co. Inc. Web site is not intended or designed to
attract children under the age of 13. We do not collect personally identifiable
data from any person we know to be under the age of 13. We may however, from
time to time, answer a question submitted by a child under the age of 13 and if
so our policy is to then delete that address. Should Empire Coffee Tea Co. Inc.
web site or marketing programs expand to
the point that children ‘s questions or dialogue become frequent, then Empire
Coffee Tea Co. Inc. may ask the child to
provide us with either a parent or legal guardians’ name and address so we can
make contact and either confirm or deny subsequent communication with the child
in question. In addition, our policy is to have web site affiliations with
other companies that agree with our policies and share the values that promote
our children’s safety at every level. Unfortunately, other web sites and links
can change, become corrupted suddenly or are linked to Empire Coffee Tea Co.
Inc. without our awareness or consent.
The result being non-compliance or consistency with our own values. Empire
Coffee Tea Co. Inc. will not be held
responsible if this occurs. We advise constant adult monitoring of children on
the web. We may utilize "cookies" on our site. These are
small files that we send to and store on your computer so that we may recognize
it as a unique machine the next time you visit our site. Our cookies are used
to let us know you are a prior customer and to help us personalize your online
experience by providing you with advertisements of interest to you. The
personal information you provide is used among other uses to help us customize
your online experience. Your e-mail address serves as a unique identifier in
our record system used together to prevent unauthorized access to any
information you choose to store on our site. The data you give us about your
personal preferences and demographics (such as age, ZIP code, occupation, or
other data) may be used to help us offer content, advertisements, products, and
services that are most likely to appeal to you. Unless you specify that you'd
prefer not to hear from us, we may also use the e-mail address you provide at
registration to contact you for promotional, administrative, or other reasons.
You may have these communications terminated. This likely will take 4-6 weeks
from the time you give us notice. You may occasionally see contests, surveys,
and other features of our Web site that ask you to provide us with personal
information. When you choose to respond to these requests, the personal
information you offer may be used for several reasons. These include the uses
set out in this section. They also include providing personal information to
third parties for prize fulfillment and other aspects of any contest or similar
offering or for other uses related to providing you with information that we
hope will be of interest to you. The information gathered automatically by our system-such
as your computer's IP address, the kind of browser you're using, and a record
of your navigation through our site-may be used by us so we can understand how
to make our site convenient and useful to our audience. You can always choose not to provide personal information,
even though it might be needed to take advantage of Empire Coffee Tea Co. Inc. offers or Web site features. If you do not
want to receive e-mail or other communications from us or if you wish to check
your personal information, please contact us. In the event that Empire Coffee
Tea Co. Inc. and some of our assets are
sold or transferred or used as security, the personal information collected on
our Web site may be transferred to third parties as part of that transaction.
We may also provide personal information or provide access to personal
information to any of our affiliated businesses or to our business partners. We
may use your personal information to reply to you and send information to you.
If Empire Coffee Tea Co. Inc. is
requested by law enforcement officials or judicial authorities to provide
personal information on individual users, We may, without your consent, provide
such information. In matters involving claims of personal or public safety, We
may provide your personal information to appropriate authorities without your
consent or court process. Empire Coffee Tea Co. Inc. recognizes you may be concerned about the
security of your personal information, and we are committed to employing
reasonable technology in order to protect the security of our Web site.
However, even with the best technology, no Web site is 100% secure. Empire
Coffee Tea Co. Inc. will take reasonable
measures that we believe are appropriate to protect your information from loss,
misuse, alteration or destruction, and, where possible, will ask that any third
parties to whom we may transfer your information take comparable steps to
protect that security. Our Privacy Policy only applies to this Web site. Our
Web site may from time to time contain links to sites outside our control.
Please be aware that these sites may collect personal information about you,
and operate according to their own privacy practices that may differ from our
Privacy Policy. Remember to consult that Web site's own privacy policy, as once
you're outside this Web site, any information you submit is no longer in our
control. If you have questions or comments regarding our privacy practices,
contact Empire Coffee Tea Co. Inc. . END AND UPDATED NOVEMBER 30, 2010
