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TERMS OF USE

Effective date November 13th, 2020

Gregorys Coffee Management, Inc., its parents, subsidiaries and/or affiliated companies (collectively, “Gregorys,” “we,” “our,” or “us”), maintain a website at https://www.gregoryscoffee.com (“Website") and a mobile application (“App”). These Terms of Use apply whenever you access or use any part of our Website or App, which we collectively refer to in this document as the “Platform.”

PLEASE READ THESE TERMS OF USE CAREFULLY.

THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS INCLUDING MANDATORY ARBITRATION IN YOUR INDIVIDUAL CAPACITY ONLY, NO REPRESENTATIVE CLAIMS, AND WAIVER OF YOUR RIGHT TO A JURY TRIAL. BY USING THE PLATFORM, YOU AGREE TO THESE TERMS OF USE. YOUR ACCESS TO AND/OR USE OF THE PLATFORM SIGNALS YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE PLATFORM.

Acceptance of Terms of Use & Modification

By accessing or using the Platform, you agree to be bound by, and to have irrevocably agreed to, these Terms of Use and our Privacy Policy. Our Privacy Policy is available here. If you do not agree with either, you may not access or use our Platform. Where a direct conflict exists between these Terms of Use and our Privacy Policy, the Privacy Policy prevails. However, provisions unique to these Terms of Use will remain effective. You must have (and, by accessing and using the Platform, you warrant that you have) the legal capacity to enter into the agreement set out in these Terms of Use.

Each time you access or otherwise use our Platform, you are entering into a new agreement with us under the applicable Terms of Use. You should review the posted Terms of Use and any applicable additional terms each time you use the Platform. We may modify these Term of Use at any time and for any reason, and you agree that we may notify you of any modifications by posting them on this site or by other reasonable means. Any additional terms will be effective as to new access and use as of the time that we post them. However, the Terms of Use that applied when you previously used the Platform will continue to apply to such prior use.

Scope of Permitted Uses and Revocable License

Your use of the Platform is limited solely to your personal and non-commercial use. You may only create one account, and you may only use your account to access the Platform a maximum of one time at any one time across all of your devices (i.e., you cannot use multiple devices to access your account at the same time). You may not build a business on, in whole or in part, resell, redistribute or recirculate or make any other commercial use of, or create derivative works or materials utilizing, any portion of the Platform or its content, whether or not for profit.

The Platform, including any software or services and accompanying documentation, are licensed, not sold or otherwise transferred, to you by us. You are hereby granted a limited non-transferable, non-exclusive license to use the Platform and any associated services for your personal, non-commercial use. The Platform contains material that is derived in whole or in part from material supplied and owned by Gregorys and/or third parties (collectively, “Content”). You may not use any software robot, spider, crawler, or other data gathering or extraction tool, whether automated or manual, to access, acquire, copy, monitor, scrape or aggregate Content or any portion of the Platform. You may not rent, lease, lend, sell, redistribute or sublicense the Platform or any use of it, including any associated software, or distribute content on the Platform over a network where it could be used by multiple devices at the same time. You may not knowingly or intentionally take any action that may impose an unreasonable burden or load on the Platform, or its servers and infrastructure.

As between Gregorys and you, Gregorys owns or has license to all right, title and interest in and to the copyrights, trademarks, service marks, trade names, patents, and all other intellectual and proprietary rights throughout the world associated with the Platform and Content. You acknowledge Gregorys’ valid intellectual and proprietary property rights in the Platform and Content, and that your use of the Platform is limited to the online use and access as authorized by us. Nothing in these Terms of Use shall be deemed to convey to you any right, title, or interest in or to the Platform or Content, or to any portion thereof except for the limited rights expressly granted herein.

You may not either directly or through the use of any personal computer, browser, laptop, tablet, mobile phone or other device (“Device”) or other means remove, alter, bypass, avoid, interfere with, or circumvent (i) software, (ii) any copyright, trademark, or other proprietary notices marked on the Platform or Content, (iii) any digital rights management mechanism or other content protection or access control measure associated with the Platform or Content, or (iv) any advertisement on the Platform and/or within Content. The foregoing shall apply to you regardless of the method in which Gregorys makes the Platform available to you.

Access to and Availability of the Platform

The Platform is intended for use by users who are over the age of 18 and reside in the United States. By using the Platform, you certify that you meet all age, eligibility, and residency requirements. Gregorys may change, suspend or discontinue any aspect of the Platform at any time (and any elements and features of them), in whole or in part, for any reason, in our sole discretion, without notice or liability, including pursuant to the Termination Section below. You agree that the Convention on Contracts for the International Sale of Goods does not apply to your use of the Platform or these Terms of Use. If you access or use our Platform via a wireless device, your carrier may charge you for standard messaging, data, and other fees. We have no responsibility or liability for any fees your carrier charges.

Creating an Account.

If you establish an account on our Platform, you agree to provide true, accurate, and current information in connection with that account. Any usernames and passwords are for individual use only, and may not be profane or objectionable. You are solely responsible for maintaining the security and confidentiality of your account and password. You agree not to share your password or account. You agree to immediately notify us of any suspected unauthorized use of your password or account, or any other breach of security.

Your Conduct and Acceptable Use

The following rules are a condition of your use of and access to the Platform.

  • No Interference. You may not interfere with any other user’s ability to use the Platform.
  • Don’t Damage The Platform or Servers. You may not upload, post or otherwise distribute or facilitate the distribution of a software virus, or any other computer code, that is designed or intended to disrupt, damage, or limit the functioning of the Platform, or to obtain unauthorized access to the Platform or Content or any data or other information of any third party.
  • No Unauthorized Access. You may not attempt to gain unauthorized access or use to other accounts, computer systems, or networks related to or in connection with the Platform, or information therein. Gregorys, in its sole and absolute discretion, shall determine whether your action violates this provision.
  • No Collection of Personal Information from Other Users. You may not collect information about other users of the Platform or use any such information for the purpose of transmitting or facilitating transmission of unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, or any other form of unauthorized solicitation.
  • Be Yourself. You may not impersonate or falsely state or otherwise misrepresent your identity, and/or your professional or other affiliation with any other person or entity.
  • No Criminal or Unlawful Conduct. You may not use the Platform, or any information contained therein, for any unlawful purpose, and you may not encourage conduct that would constitute a criminal offense or give rise to civil liability.
  • No Harassment. You may not use the Platform in any way that would threaten, harass, bully, or harm another.
  • Follow These Terms of Use and Conduct Rules. You may not take any action on or through the Platform that violates any applicable law, our Privacy Policy, or these Terms of Use.

Gregorys may, but has no obligation to, monitor and examine your use, or the use of others, of the Platform in order to enforce these Terms of Use and in accordance with our Privacy Policy. Gregorys reserves the right at all times to disclose any information posted on any portion of the Platform as necessary to satisfy any law, regulation or governmental request, or, if applicable, to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

Gregorys reserves the right to investigate suspected violations of these Terms of Use. We may suspend any user whose conduct or postings are under investigation and, if applicable, may remove such material from its servers as it deems appropriate and without notice. If we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take corrective action that we deem appropriate. You agree that we may fully cooperate with any law enforce-ment authorities or court order requesting or directing us to disclose the identity of anyone who is believed to violate these Terms of Use.

Children’s Online Privacy Protection Act Notification

The Platform is not designed or intended for use by children under the age of thirteen (13), and are not permitted to be used by children under the age of eighteen (18).

Disclaimer and Limitations

Disclaimers of Warranties

GREGORYS PROVIDES THE PLATFORM ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE PLATFORM, OR YOUR ACCESS TO OR USE OF IT, WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Exclusion of Damages

GREGORYS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR OUR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 4 ABOVE (REGISTRATION, PASSWORDS, UNAUTHORIZED USE OF YOUR ACCOUNT) OR (2) CONTENT POSTED TO THE PLATFORM.

Limitation of Liability

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE PLATFORM OR THESE TERMS OF USE EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS PARAGRAPH WILL ONLY APPLY IF AN ARBITRATOR WITH APPLICABLE JURISDICTION FINDS EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY TO BE UNCONSCIONABLE.

Linked Websites

For your convenience, the Platform may be accessed via links from websites of other persons or entities (“Linked Websites”). However, Gregorys does not control Linked Websites; nor has responsibility for the content of such sites. Linked Websites are subject to their own privacy notices and terms of use, and we encourage you to review them. We shall not be liable for any loss or damage caused by your use or reliance upon Linked Websites. Your use of Linked Websites is at your own risk. The ability to access our Platform from a Linked website does not imply an endorsement by us.

Indemnification and Termination

You agree to defend, indemnify and hold Gregorys harmless, as well as its respective directors, officers, employees, contractors, and agents, from and against any and all claims, demands, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees and costs) arising out of or accruing from (a) any breach of these Terms of Use, including any of the foregoing provisions, representations or warranties; (b) any material provided by you, or any other subscriber or user of your account that infringes any; (c) any misrepresentation made by you; or (d) any breach of any representation, warranty or other terms or conditions relating to our Platform or services.

At our sole discretion, we may terminate your password, account (or any part thereof), use of your username, or use of our Platform, in whole or in part, without prior notice, and for any reason whatsoever, including but not limited to: (i) permitting another person or entity to use your identification to access or use our Platform, (ii) any unauthorized access or use of the Platform or our information systems, (iii) any violation of these Terms of Use, or (iv) tampering with or altering any of the software, data files, and/or content on our Platform. Termination, suspension, or cancellation of your account or your access rights to our Platform shall not affect any right or relief to which we may be entitled, at law or in equity. Upon such termination, suspension, or cancellation, all rights granted to you will automatically terminate and immediately revert to us and our licensors, but all rights granted by you to us shall survive in perpetuity.

U.S. Use Only

Use of our Platform is for inside the U.S. only. The Platform is controlled and operated by Gregorys from its offices within New York State. We do not represent that the Platform is appropriate under or complies with any law or regulation outside the U.S. If you access our Platform from outside the U.S., you do so in violation of these Terms of Use and at your own risk.

Binding Arbitration; No Class Relief.

This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Gregorys agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Use, if you have any dispute or disagreement with us regarding (i) your use of or interaction with any of the Platform, (ii) any purchases or other transactions in connection with Gregorys or our Platform, or (iii) any data or information you may provide to us or that we may gather, collect, disclosure, or share in connection with such use, interaction or transaction conducted through or in connection with its Platform or services, whether or not in violation of our Privacy Policy (collectively, “Gregorys Transactions”), you will not have the right to pursue a claim in court or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Platform, including our Website and App, or engaging in any other Gregorys Transactions, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. By using the Platform, you agree that, if those efforts fail, any complaint, dispute, or disagreement you may have against Gregorys, and any claim that Gregorys may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Policy, or any Gregorys Transactions, shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If AAA, at the time the arbitration is filed, has Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness or successor or analogous policies in effect which would be applicable to the matter in dispute (“Minimum Standards”), we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. You further agree that:

Single Arbitrator Who Will Interpret These Terms of Use. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Gregorys (the “Arbitrator”). The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or the arbitration provisions in this Section, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable.

If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.

Location of Arbitration and Governing Law. The Arbitration shall be held in New York County, New York; or (ii) at such other location as may be mutually agreed upon by you and Gregorys; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission. The Arbitrator shall (i) apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations;

No Class Relief. The Arbitration can resolve only your and/or Gregorys’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Gregorys will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

Small Claims Matters are Excluded; No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Gregorys in your local small claims court within the U.S. if your claim is within such court’s jurisdictional limit; provided, that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

Notice to California Users

Under California Civil Code Section 1789.3, California users of the Platform are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Miscellaneous

Applicable law and forum. These Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York without regard to conflicts of law. Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to, or in connection with these Terms of Use will be brought exclusively in the federal or state courts located in New York County, New York, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

No Waiver. No failure or delay by Gregorys in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof. Nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms of Use.

Severability. Unless otherwise expressly provided herein, the invalidity or unenforceability of any provision of these Terms of Use will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect.

Limited Time to File Claims. You agree that regardless of any statute or law which establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of any part of our Platform, or these Terms of Use, Privacy Policy, or Gregorys Transactions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Paragraph and Section Titles are For Your Convenience. The paragraph or section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

This is the Entire Agreement. These Terms of Use represent the entire understanding of the parties regarding its subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding its subject matter, and may not be amended, altered or waived except in writing by the party to be charged.

No Assignment. These Terms of Use are binding upon and shall inure to the benefit of the parties and their respective successors, heirs, executor, administrators, personal representatives and permitted assigns. You shall not assign your rights or obligations hereunder without Gregorys’ prior written consent.

Connectivity. You are responsible for obtaining and maintaining all Devices and other equipment and software. All internet service provider, mobile service, and other services needed to access the Platform, and all charges related thereto, are your sole responsibility.

You May Contact Us

If you have any questions, comments or claims, please contact us at:

  • Postal Mail: Gregorys Coffee, Re: Privacy Compliance Officer, 874 6th Avenue New York, New York US 10018
  • Email Privacy: info@gregoryscoffee.com