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TERMS OF USE


Welcome to the website of David Rio!  We built our website to share information about our company, our cafe, and our Chai’s and Teas; to make guides available that show you how to brew delicious chais at home; to provide updates related to our company; and to allow you to purchase our chais and other products and have them shipped directly to you.


The following terms govern your access to and use of the DAVID RIO website, including any content and services offered via our website.  By using our website, you agree to these terms.


THESE TERMS INCLUDE YOUR WAIVER OF CERTAIN CLASS ACTION PROCEEDINGS, YOUR SUBMISSION TO THE JURISDICTION OF CERTAIN COURTS AND TO BINDING ARBITRATION OF CERTAIN CLAIMS AND YOUR INDEMNIFICATION OF DAVID RIO.


We may revise and update these terms from time to time.  All changes are effective immediately when we post them. Your continued use of our website following the posting of revised terms means that you accept and agree to the changes.  As used herein, “David Rio”, “we”, “our” and “us” refer to David Rio Coffee & Tea, Inc.

 

PRIVACY

We value your privacy.  Please review our privacy policy to understand our privacy practices.  All information you provide to us to establish an account via this website or otherwise is subject to our privacy policy.


TRADEMARKS
DAVID RIO COFFEE AND TEA® and the DAVID RIO logo are registered trademarks of DAVID RIO COFFEE & TEA, 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 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 DAVID RIO, Inc, its licensors 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.


You hereby grant to DAVID RIO and its affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any images, writings, illustrations, audio recordings, video recordings and other content that you post to our website (“Postings”) (in whole or part) and to incorporate them in other works in any form, media, or technology now known or later developed for editorial, commercial, non-commercial, promotional or any other purpose, without your approval or right of accounting.  You represent and warrant that you are over the age of 18 and that your Postings are original to you, do not infringe on another party’s intellectual property rights and no other party has any rights thereto, and that any “moral rights” in your Postings have been waived.

 

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.

  • Make any Posting that includes advertising or promotional materials or offensive, obscene, defamatory, discriminatory, threatening or intentionally misleading content.

 

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.  Without limiting the foregoing, we disclaim all liability and responsibility for the content of any Posting, including any failure to moderate any Posting.


PURCHASING OUR PRODUCTS
You may only register for a DAVID RIO account and purchase our products if you are at least 18 years old.  When you register for an account, you represent that (1) you meet such age requirement, (2) all of the information you provide is accurate, current and complete, (3) you will be solely responsible for all transactions that take place using your account, and (4) you will be solely responsible for maintaining the secrecy and security of your account and password.  We reserve the right to refuse service, terminate your account, or cancel your orders in 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 DAVID RIO NOR ANY PERSON ASSOCIATED WITH DAVID RIO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER DAVID RIO NOR ANYONE ASSOCIATED WITH DAVID RIO 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 DAVID RIO, 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 OUR WEBSITE 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.

 

INDEMNIFICATION
You agree to defend, indemnify and hold harmless DAVID RIO, 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.


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.  Subject to the following section of these terms, 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 San Francisco County, California.  You and David Rio each submit to the jurisdiction of such courts, and waive any and all objections to the exercise of such jurisdiction by such
courts and to venue in such courts with respect to any such legal suit, action or proceeding, excluding any legal suit, action or proceeding subject to binding arbitration pursuant to these terms, but including any legal suit, action or proceeding to enforce an award granted in any such arbitration.

 

DISPUTE RESOLUTION AND BINDING ARBITRATION
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.  The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the ”AAA Rules”) then in effect, except as modified by this section of these terms (The AAA
Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879).  The Federal Arbitration Act will govern the interpretation and enforcement of this section.  The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that this arbitration provision or these terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity.  Any award of the
arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.  If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.  You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase.  The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.  You agree to an arbitration on an individual basis.  The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  The arbitral tribunal has no power to consider the enforceability of any class arbitration waiver in these terms and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.  If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

 

WAIVER OF CLASS ACTION
YOU AND DAVID RIO EACH HEREBY WAIVE ANY RIGHTS TO PARTICIPATE IN, AND AGREE NOT TO PARTICIPATE IN, A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM, DISPUTE OR CONTROVERSY BETWEEN YOU AND DAVID RIO ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE OR OTHERWISE
ARISING OUT OF, OR RELATED TO, THESE TERMS OR OUR WEBSITE.  IN ANY SUCH CLAIM, DISPUTE OR CONTROVERSY, NEITHER YOU NOR DAVID RIO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PARTIES IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

WAIVER AND SEVERABILITY
No waiver by DAVID RIO 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 DAVID RIO 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.

 

RECURRING SUBSCRIPTIONS

When starting a David Rio subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscription is a) canceled or b) paused. If pausing, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely.


Your subscription may be cancelled at any time via our website, through the phone, or via email communication with our customer support team.  If cancelling via phone or email, please allow up to 72 hours for cancellation.


You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription.  This includes cancelling a subscription and later starting one of a similar configuration.

 

The term of your subscription is continuous.

 

ENITRE AGREEMENT
These terms and our privacy policy constitute the sole and entire agreement between you and DAVID RIO with respect to our website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our website.


FEEDBACK
We welcome your comments and suggestions regarding our website and the information, products and services we make available here.  Contact us at chai@davidrio.com or (415) 543-2733 to provide feedback.


Thank you for visiting our website. We hope to see you in person at one of our locations soon.

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Last modified September 27, 2018

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