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.
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.
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
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.
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.
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.