Terms of Service
Welcome to the website of Lulu Carpenter's! We built our website to share information about our company, our cafes, and our coffees, to provide updates related to our company and to allow you to purchase our coffees and other products and have them shipped directly to you.
The following terms govern your access to and use of the Lulu Carpenter's website, including any content and services offered via our website. By using our website, you agree to these terms.
We may revise and update these terms from time to time. All changes are effective when we post them. Your continued use of our website following the posting of any revised terms constitutes acceptance of and agreement to the changes.
This agreement is between you, the user of this website, and Lulu Carpenters' Cafe, Inc., variously referred to as Lulu Carpenter's, Inc, Lulu Carpenter's and Lulu's, as well as between you and Coffee Cat of Santa Cruz, Inc., and their subsidiaries or affiliates. Any reference to Lulu Carpenter's in this document shall be understood to refer to any and all of the forgoing entities.
Lulu Carpenter's, the Lulu Carpenter's logo, Black Cat® and various other coffee blend and drink names, where indicated, are registered trademarks of Lulu Carpenter's Cafe, Inc. You must not use these trademarks without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on this website are assumed to be the trademarks of their respective owners.
Other Intellectual Property Rights
This website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Lulu Carpenter's Cafe, Inc, its licensors or subsidiaries, or other providers of such material, and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These terms permit you to use our website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of our website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
Permitted and Prohibited Uses
You may use our website only for lawful purposes and in accordance with these terms. You agree not to use our website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). You also agree not to:
- Use our website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our website.
- Use any robot, spider or other automatic device, process or means to access our website for any purpose, including monitoring or copying any of the material on our website.
- Use any device, software or routine that interferes with the proper working of our website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our website, the server on which our website is stored, or any server, computer or database connected to our website.
- Attack our website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of our website.
Reliance on Website Information
The information presented on our website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our website, or by anyone who may be informed of any of its contents.
Purchasing Our Products
You may only use this website if you are 18 years of age or older. By using this website, you represent that you meet this age requirement. We reserve the right to refuse service, terminate any retail or wholesale account you establish with us, or cancel your orders at our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.
Changes to this Website
We may update the content on our website from time to time, but its content is not necessarily complete or up to date. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
Linking to this Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from this Website
Any links from this website to other sites and resources provided by third parties are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or this website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LULU CARPENTER'S CAFE NOR ANY PERSON ASSOCIATED WITH LULU CARPENTER'S MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LULU CARPENTER'S NOR ANYONE ASSOCIATED WITH LULU CARPENTER'S REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT OR ANY SERVICES, OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation on Liability
IN NO EVENT WILL LULU CARPENTER'S CAFE, INC., ITS AFFILIATES OR ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OURWEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless Lulu Carpenter's, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these terms or your use of our website, including, but not limited to, any use of our website's content, services and products other than as expressly authorized in these terms or your use of any information obtained from our website.
Proposition 65 Warning
The Safe Drinking Water and Toxic Enforcement Act of 1986, popularly known as Proposition 65, is a California law intended to protect California citizens from chemicals known to cause cancer or birth defects or other reproductive harm and to inform citizens about exposures to such chemicals. One such chemical is acrylamide, which may be present in coffee, including the coffee sold by Lulu Carpenter's. Acrylamide is a naturally occurring byproduct formed when certain sugars and an amino acid react to high temperatures, such as when coffee is roasted. The U.S. Food and Drug Administration (FDA) has not determined that the low levels of acrylamide naturally found in roasted coffee have any public health impact. Your personal cancer risk is affected by a wide variety of factors. For more information on acrylamide, please consult the FDA’s website at fda.gov. For more information about both acrylamide and Proposition 65, please visit www.oehha.ca.gov/prop65.html.
Governing Law and Jurisdiction
All matters relating to our website and these terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of California, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these terms or our website will be instituted exclusively in the federal and state courts located in Santa Cruz County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Lulu Carpenter's of any term or condition set forth in these terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Lulu Carpenter's to assert a right or provision under these terms will not constitute a waiver of such right or provision.
If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.
We welcome your comments and suggestions regarding our website and the information, products and services we make available here. Email us or call us at 831-439-9200.
Thank you for using our website
Modified November 6, 2014