Welcome to the website (the “Site”, “VolcanoKingCoffee.com”) of Volcano King Coffee LLC (“Volcano King”). Volcano King maintains this Site for your personal information, education and communication. Volcano King provides its services to you subject to the notices, terms, and conditions set forth in these Terms of Use (the “Agreement”). In addition, when you use any Volcano King service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference.
Volcano King reserves the right to modify this Site and modify or amend this Agreement at any time. All changes will be effective immediately upon their posting on this Site. Material changes will be posted conspicuously on this Site. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
If you do not agree to this Agreement, do not access or use this Site, and instead contact Volcano King in writing or via telephone as set forth below for desired information.
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Volcano King hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Volcano King in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Volcano King in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Volcano King in advance. Volcano King reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Volcano King believes that customer conduct violates applicable law or is harmful to Volcano King's interests.
You may not submit content to the Site or use it in any manner that:
We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.
Volcano King may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Volcano King has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Volcano King of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
All copyrightable text, graphics, charts, photographs, icons, images, audio, video, software (collectively, “content”), belongs exclusively to Volcano King or its Content suppliers. The design, collection, selection, arrangement, and assembly of all Content on this Site (the “Compilation”) belongs exclusively to Volcano King or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. The distinctive and original layout and presentation of this Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Volcano King appear through this Site. This Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. The use of any Volcano King trademark or service mark without the express written consent of Volcano King is strictly prohibited. You may not use any Volcano King trademark or service mark in any way that is likely to cause confusion. You may not use Volcano King's trademarks or service marks that in any way disparages or discredits Volcano King. Any unauthorized use of any trade dress, marks or any other intellectual property belonging to Volcano King or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.
Volcano King is the owner of numerous trademarks, logos, emblems, and trade dress, all of which represent our vision to provide gold-standard specialty coffees and teas. We own several trademarks and service marks that have been registered with the United States Patent and Trademark Office. These include Volcano King Coffee®, among others. You may refer to Volcano King’s trademarks in a manner that is not misleading and clearly acknowledges Volcano King's ownership of our marks. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Volcano King's marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Volcano King is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third party’s marks.
As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. We hereby grant you a limited nonsublicensable revocable license to use our website for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
All purchases made by you on this Site are subject to Volcano King’s Terms of Sale, which are incorporated into these Terms of Use by this reference. Please read them carefully before placing any orders on the Site, because you will be bound by the Terms of Sale.
In addition to any other legal or equitable remedies, Volcano King may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Volcano King shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. Volcano King makes no representations that the materials on this Site are appropriate or available for use in other countries besides the United States. If you access and use this Site outside the United States you are solely responsible for complying with your local laws and regulations.
We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Site is accurate, complete, current, or error-free. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. Volcano King makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time.
We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold as in-store merchandise. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Volcano King shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Volcano King shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Volcano King shall immediately issue a credit to your credit card account in the amount of the charge.
In no event shall Volcano King or any of its officers, representatives, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages or any damages whatsoever (including without limitation, damages for loss of use, data, information, profits or business interruption) arising out of or in any way related to the use or performance of this Site or any linked website or to any material, information, data, products, or services obtained through this Site, or otherwise arising out of your use of this Site, your inability to use this Site or any decision made or action taken by you in reliance of any information, advice or materials provided on this Site, whether such damages are based in tort, contract, negligence, strict liability or otherwise, even if Volcano King has been advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue your access to and use of the Site.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Volcano King shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Volcano King shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Volcano King shall immediately issue a credit to your credit card account in the amount of the charge.
This Site may contain links to other sites on the Internet that are owned and operated by third parties. Such links are provided only as a service to our visitors. Volcano King is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated on this Site. Volcano King has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website(s). Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. You link to any other pages or websites at your own risk, and your use of such websites will be controlled by the terms of use posted on that site. You should review the terms of use of any website to which you navigate.
If you operate another website and are interested in linking to our Site, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must “point” to the URL “https://www.VolcanoKingCoffee.com” and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of Volcano King; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with Volcano King’s names and marks; (5) the link, and use thereof, may not create the false appearance that an entity other than Volcano King is associated with or sponsored by Volcano King; (6) the link, when activated by a user, must display this site full-screen and not with a “frame” on the linked website; and (7) Volcano King reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms of Use or through other notice.
Volcano King respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
By your access and use of this Site, you hereby agree to the terms of the Volcano King Privacy Policy, which are incorporated into these Terms of Use by this reference.
By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from Volcano King Coffee at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply.
Any legal dispute between you and Volcano King concerning or arising out of these Terms, shall be resolved through binding individual arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. However, either you or Volcano King may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. You may opt out of this Arbitration Agreement within the first 60 days after the earliest of the first time you (a) make a purchase from the Site; (b) sign up for any service provided by Volcano King by sending a signed letter to Arbitration Opt-Out, Attn: Legal, 11724 Culver Blvd, #9, Los Angeles, CA 90066 The letter should include your printed name, address, and the words “Reject Arbitration”.
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and Volcano King agree otherwise, any arbitration hearing shall take place in the county of your residence. If you live outside the United States, any arbitration will take place in Cook County, IL. We encourage you to call Volcano King in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Volcano King also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Volcano King hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Volcano King will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act and other applicable federal law. To the extent state law applies to any aspect of these Terms and Conditions, or to any disputes and claims that are covered by the Arbitration Agreement, the law of the State of Illinois will govern. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
You agree that Volcano King's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Volcano King shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Volcano King may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Volcano King shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Volcano King of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
If any provision of these Terms of Use is found to be illegal or unenforceable or invalid, the remaining provisions of these Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable.
As always, we have a 30-day return policy. If you are unsatisfied with any purchase you have made with us for any reason, please contact us via the information below for a full refund of the purchase price within 30 days of shipment. Tell us your name, the order number, which items, how many you are returning, and the reason for the return. We will reply to the email with a Return Merchandise Account number and instructions on how to send the items back to us.
We accept Visa, MasterCard, Discover and American Express.
By your access or use of this Site, you hereby agree to these Terms of Use. These Terms of Use, together with the Volcano King Privacy Policy and Terms of Sale constitute the entire agreement between you and Volcano King with respect to your access and use of this Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by Volcano King. These Terms of Use will inure to the benefit of Volcano King’s successors and assigns.
You acknowledge that these Terms of Use are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and Volcano King may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.
We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
If you claim ownership of copyright in material posted on our website and you believe that posting it infringes your copyright -- or if you are authorized to act on behalf of a person who makes such a claim -- you may send us notice of your claim by filling out and submitting the attached form by email or regular mail, or by sending a notice in accordance with the Notice Requirements in the following Section B, to the following: Mail:
Volcano King Coffee LLC
11724 Culver blvd, #9, Los Angeles, CA 90066
Email:
info@VolcanoKingCoffee.com
To be sure we are able to address your claim, you must include the following information in your notice:
The DMCA, 17 U.S.C. § 512(f), provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.
