Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, 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 Nearby, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your nearbycoffeeroasters.com Account.
You agree that you are liable for purchases made through your Nearbycoffee.com Account and assume responsibility for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You further agree to notify Nearby promptly should you become aware of any actual or potential compromise of your Account information so that Nearby may take appropriate actions to safeguard Nearby’s legal interests.
- Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Nearbycoffee.com links, and that link to Nearbycoffee.com. Nearby does not have any control over those non-Nearby websites and webpages, and is not responsible for their contents or their use. By linking to a non-Nearby website or webpage, Nearby does not represent or imply that it endorses such website or webpage. 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. Nearby disclaims any responsibility for any harm resulting from your use of non-Nearby websites and webpages.
- Copyright Infringement and DMCA Policy.
As Nearby 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 Nearbycoffee.com violates your copyright, you are encouraged to notify Nearby in accordance with Nearby’s Digital Millennium Copyright Act (”DMCA”) Policy. Nearby will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
- Intellectual Property.
This Agreement does not transfer from Nearby to you any Nearby or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Nearby. Nearby, Nearbycoffee.com, the Nearbycoffee.com logo, and all other trademarks, service marks, graphics and logos used in connection with Nearbycoffee.com, are trademarks or registered trademarks of Nearby or Nearby’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Nearby or third-party trademarks.
Nearby reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Nearby may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Nearby 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 Nearbycoffee.com account (if you have one), you may simply discontinue using the Website. 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.
- Disclaimer of Warranties.
The Website is provided “as is”. Nearby and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Nearby nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
- Limitation of Liability.
In no event will Nearby, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to Nearby. Nearby shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Return Policy Coffee.
We do not accept returns on coffee due to the perishable nature of coffee. However, we are quite willing to resolve problems as they arise. If you have any issues with your coffee, or if there are errors in your order, please contact us at 503.230.7797 within 2 days of receiving your order. We will do our best to ensure that you are satisfied.
- Return Policy Merchandise (non-coffee items).
We would like you to be satisfied with your purchase. All Returns or Exchanges on merchandise (non-coffee) items must be done within 30 days of the purchase date. Items purchased online can only be returned to our Headquarters, they can’t be returned to our café locations. Please email your order number, name, reason for a Return/Exchange, and the item and quantity you wish to Return/Exchange to email@example.com (or call us at 512.902.1209). We will contact you with information on how your return will be processed. We will not refund the price of shipping. All returns should be sent to:
- Nearby Coffee Roasters
Attn: Mail Order Return
100 SE Salmon St
Portland, OR 97214
- Security for your credit card.
Nearby Coffee does not store any sensitive card holder information. When you place an order with us, your information is encrypted using strong encryption and directly and securely transmitted to our card processor. Our card processor is a leader in secure payment processing, and is fully compliant with all industry standards, including PCI compliance. On subsequent orders, or in the case of subscriptions, they use the stored information to process the charge, and let us know payment has been made. Nearby staff doesn’t have access to any sensitive card holder data at any time during an electronic purchase.
- As Is.
All items sold are sold “As is” and without warranty of any kind. Nearby Coffee disclaims any warranty whether implied or implicit.
You agree to indemnify and hold harmless Nearby, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between Nearby and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Nearby, or by the posting by Nearby 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 state of Oregon, 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 Multnomah, Oregon.
SMS Privacy Policies
Nearby Coffee Co. offers subscription text message programs. Customers may voluntarily enroll themselves in a text message alert program. You will be enrolled in a “mailing list” when you subscribe to this service.
Message frequency varies.
Nearby Coffee Co. does not have a charge for this service; however, message and data rates may apply from your mobile carrier. Subject to the terms and conditions of your mobile carrier, you may receive text messages sent to your mobile phone. Participation in the programs on this short code is standard rated (no premium content).
By providing your consent to participate in this program, you approve any such charges from your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance. Nearby Coffee Co. reserves the right to terminate this SMS service, in whole or in part, at any time without notice. The information in any message may be subject to certain time lags and/or delays. You are responsible for managing the types of SMS texts you receive. If you have any questions or need help, you can call 512-902-1209.
To stop receiving text messages, reply STOP to any sms message received from Nearby Coffee Co. By enrolling in this subscription program, you consent that following such a request to unsubscribe, you will receive one (1) final message from Nearby Coffee Co. confirming that you have been inactivated in our system. Following such confirmation message, no additional text messages will be sent unless you re-activate your subscription.
Nearby Coffee Co. may use an automatic dialing system to deliver text messages to you. The Federal Communications Commission defines an “automatic telephone dialing system” or autodialer as equipment that has the capacity to store or produce telephone numbers to be called and to call such numbers. 47 C.F.R. § 64.1200. By your subscription to either, or both, the one-time text message program or the subscription text message program, you give your consent to Nearby Coffee Co. to use an automatic dialing system to deliver text messages to the telephone or cell phone number to which you have directed Nearby Coffee Co. to transmit these text messages.
United States Participating Carriers May Include But Are Not Limited To
ACS/Alaska, Alltel, AT&T, Bluegrass Cellular, Boost, Cellcom, Cellone Nation, Cellular One of East Central Illinois, Cellular South, Centennial, Chariton Valley Cellular, Cincinnati Bell, Cox Communications, Cricket, EKN/Appalachian Wireless, Element Mobile, GCI, Golden State Cellular, Illinois Valley Cellular, Immix/Keystone Wireless, Inland Cellular, iWireless, Metro PCS, Nex-Tech Wireless, nTelos, Plateau Wireless, South Canaan, Sprint, T-Mobile, Thumb Cellular, United Wireless, US Cellular, Verizon Wireless, Viaero Wireless, Virgin, WCC. Additional carriers may be added.
Canada Participating Carriers Include May Include But Are Not Limited To
Aliant Mobility, Bell Mobility, Fido, MTS, NorthernTel Mobility, Rogers Wireless, SaskTel Mobility, Télébec Mobilité, TELUS Mobility, Vidéotron, Virgin Mobile Canada, WIND Mobile. Additional carriers may be added.
Information that is gathered
In common with other websites, log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit.
Cookies will be used to remember visitor preferences when interacting with the website. Where registration is required, the visitor’s email and a username will be stored on the server along with shipping and billing addresses and any preferences.
Our card processor stores all credit card information. They conduct the entire credit card transaction using industry standard 128 bit SSL encryption. We only store a record that the transaction took place.
How the Information is used
The information is used to enhance the visitor’s experience when using the website to display personalized content.
E-mail addresses will not be sold, rented or leased to 3rd parties.
If you make a purchase, we will send you a confirmation email.
If you sign up for our mailing list, we will send you informational emails about offers of services. At any time, you can ‘unsubscribe’ yourself from our email list simply by clicking the ‘unsubscribe’ button. It may take us a week or so to remove you from the list, but we will!
If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in the e-mail that you receive. You may be able to block cookies via your browser settings but this will prevent you from access to certain features of the website.
Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. The site won’t work properly if cookies are turned off. Also they may be used to track your return visits to the website.
Changes to Policy
We reserve the right to change this policy at some future date. Changes will be posted on our website.