Terms & Conditions

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

These Terms of Use (“Terms of Use”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, our “Services”) provided by International Coffee & Tea, LLC d/b/a The Coffee Bean & Tea Leaf® (the “Company”).These terms do not apply to any third-party sites not owned and operated by Company, including certain franchisee sites, which may have their own terms and conditions that govern their services. You visit such third-party sites at your own risk. Company has no responsibility for the content, policies or actions of any third-party sites and does not sponsor, endorse, affiliate or associate with any materials displayed on or accessible through such third-party sites.

By clicking to indicate your acceptance of these Terms of Use, or otherwise accessing or using our Services, you agree and accept the Terms of Use, as described below and all terms incorporated by reference. If you do not agree to these Terms of Use, please do not use our Services or order, receive, or use products made available through the Services (collectively, the “Products”). If you do not agree to these Terms of Use, including the mandatory arbitration provision and class action waiver in Section 17, do not access or use our Services or order, receive or use products made available through the Services.

Information We Collect

Company reserves the right, at its sole discretion, to change, modify or otherwise alter these Terms of Use at any time. If we make changes to these Terms of Use, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, posting the amended Terms of Use to our Services and updating the “Last revised” date above. Such changes and/or modifications shall become effective immediately upon being posted in these pages. Please review the Terms of Use periodically. If you continue to use the Services following the posting of changes and/or modifications, it will constitute your acceptance of the revised Terms of Use. If you do not agree to the amended Terms of Use, you must stop accessing and using our Services.

Additionally, Company may at any time, for any reason, and without notice or liability: (1) modify, suspend or terminate operation of or access to the Services, or any portion thereof; (2) change, revise or modify the Services, or any portion thereof; (3) interrupt the operation of the Services or any portion thereof for maintenance and support;(4) impose limits on certain features and services, or restrict access to the Services; and/or (5) terminate the authorization, rights and license given above. Upon any termination of the Services or these Terms of Use, the rights and licenses granted to you herein shall terminate and you must cease all use of the Services.

1.Eligibility

You must be at least 13 years of age to access or use our Services. In addition, if you are between the ages of 13 and 18 (or between 13 and the age of legal majority under applicable law), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

2.User Account and Account Security

To engage in certain parts of the Services, you might need to create an account. In connection with your Company account, you agree to (1) provide true, accurate, current and complete information about yourself at registration, (2) create only one account, and (3) maintain and promptly update your information to keep it true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of your account access credentials, including your login name and password. You will not share your account access credentials with any other person. You will notify Company immediately of any unauthorized use of your login, or any other breach of security. You will not use anyone else’s account access credentials

3.Electronic Communication

By creating a Company Account, you also consent to receive electronic communications from us (e.g., via email or by posting notices to our Services). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. If you sign up with your e-mail address to join our mailing list, we may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

4.Terms of Sale

5.Intellectual Property

Company, The Coffee Bean & Tea Leaf®, The Coffee Bean®, CBTL®, The Original Ice Blended®, Ice Blended®, and the Purple Straw and their logos, and other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with the Services, and all text, images, photographs, illustrations, HTML, data, hyperlinks, graphics, logos, icons, software, video and/or information, and other materials featured, displayed, contained and available in and on the Services (collectively, the “Content”), are owned by or licensed to Company, and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, Company and our licensors reserve all rights in and to our Services and the Content. The Services and the Content may have security components that protect digital information only as authorized by Company or the owner of the Content. The Content may not be copied, imitated or used, in whole or in part, without the Company’s prior written consent. We do not permit third parties to use the Content in any manner, including advertising, as an endorsement for any product or service, in association with contests or promotions, or for any other purpose, commercial or otherwise, without our prior express written permission.

You are granted a personal, non-sublicensable, non-exclusive, revocable, limited, and non-transferable license (“License”) to access and use the Services and Content for personal and informational purposes; however, such license is subject to these Terms of Use and does not include any right to (a) sell, resell or use commercially our Services or Content, except as expressly permitted by us; (b) copy, reproduce, distribute, publicly perform or publicly display any Content, except as expressly permitted by us or our licensors; (c) modify the Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Content; (d) use any data mining, robots or similar data gathering or extraction methods, (e) use any meta tags or any other “hidden text” utilizing our name or trademarks without our express prior written consent; and (f) use our Services or Content other than for their intended purposes. Any use of our Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.. Misusing the Services or Content is strictly prohibited and will automatically terminate the limited license authorized herein. Unless otherwise written herein, nothing in these Terms of Use will be interpreted as granting any ownership or title of, or exclusive rights to, any intellectual property and its goodwill.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

6.Hyperlink to Website

You may create a hyperlink to our Services for noncommercial purposes, provided such hyperlink(s) do not cast Company in a misleading, derogatory, defamatory, or misleading manner. Furthermore the website hosting the hyperlink should not have any illegal, pornographic, or otherwise obscene content or content that is harassing or otherwise objectionable. This limited permission may be revoked at any time. You may not use the our logo or other proprietary graphic of ours to link to our Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on our Services or Products, the content of any text or the layout or design of any page, or form contained on a page, on our Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ours or any third party.

Company is not responsible for, and does not make any such representation, the content or reliability of third-party websites hyperlinking to Company’s website as such third-party websites are not under Company’s control or ownership. When you leave our Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Services.

7.License for User-Generated Material

Our Services may allow you and other users to create, post, submit, share or store content, including, but not limited to, reviews, messages, text, photos, videos, and other materials (collectively, “User-Generated Material”) Except for the license you grant below or in a separate agreement, you retain all rights in and to your User Content, as between you and Company. You represent and warrant that your User-Generated Material is not restricted by any confidentiality obligations and that you own and control all such material, have the lawful right to distribute and produce such material, or otherwise have the right to grant those rights to Company that you grant herein. By submitting or posting User-Generated Material on the Services, you grant Company a perpetual, irrevocable, worldwide, non-exclusive, fully-paid, sub-licensable and royalty-free license to reproduce, modify, adapt, translate, sell, combine with other works, publish, use, translate, display, publicly perform, alter, perform, create derivative works, or distribute the User-Generated Material and any name, username, or likeness provided in connection with your User-Generated Material. By posting User-Generated Material, you understand that your User-Generated Material and any associated information (such as your username or profile photo) may become available to the public and you release Company and its agents, and employees from any claims that such use violates any of your rights and that you are not entitled to compensation for any use of your User-Generated Material.

You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

8.Acceptable Uses of The Services

This Service may be used only for personal, informational and shopping purposes. Any other use, including the duplication, reproduction, distribution, modification, republication, transmission and display of the content on this Service is strictly prohibited. No portion of this Service may be exploited for any commercial purpose that is not expressly permitted by Company in writing.

You agree to use this Service and the content herein in accordance with these Terms of Use and all applicable laws and regulations. Company reserves the right, in its sole discretion, to revoke your License, prohibit access, use, conduct, communications or content that we deem to be harmful to this Service, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law. Company’s delay or failure in taking action does not constitute a waiver of Company’s rights to enforce these Terms of Use.

You agree to use this Service and the content herein in accordance with these Terms of Use and all applicable laws and regulations. Company reserves the right, in its sole discretion, to revoke your License, prohibit access, use, conduct, communications or content that we deem to be harmful to this Service, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law. Company’s delay or failure in taking action does not constitute a waiver of Company’s rights to enforce these Terms of Use.

Specific Prohibited Uses

The Services may be used only for lawful purposes. You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using our Services. You agree that you will abide by these Terms of Use and will not:

1. Engage in or encourage conduct that would constitute a criminal or gives rise to civil liability;
   
   
2. Transmit or transfer (by any means) information or software derived from the Services to foreign countries or certain foreign nations in violation of United States’ export control laws;
   
   
3. Attempt to interfere in any way with the Services’ or Company’s networks or network security, or attempt to use the Services’ to gain unauthorized access to any other computer system, or attempt to post or transmit any information that constitutes a virus, bug or other harmful item;
   
   
4. Violate these Terms of Use;
   
   
5. Violate any terms or conditions or any other agreement you may have with any third party (including, without limitation, any employer) with regard to your use, possession, transmission or storage of data, or your retention of that third party’s data without their permission.
   
   
6. Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
   
   
7. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
   
   
8. Develop any third party applications that interact with our Services without our prior written consent;
   
   
9. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access our Services, extract data or otherwise interfere with or modify the rendering of our Services’ web pages or functionality;
   
   
10. Use our Services in any manner that could create an impression of affiliation, sponsorship, or endorsement by Company;
    
    

ou may also only post or otherwise share User-Generated Material that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User-Generated Material that:

1. Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
   
   
2. Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
   
   
3. May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
   
   
4. Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
   
   
5. Impersonates, or misrepresents your affiliation with, any person or entity;
   
   
6. Contains any unsolicited promotions, political campaigning, advertising or solicitations;
   
   
7. Contains any private or personal information of a third party without such third party’s consent;
   
   
8. Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content;
   
   
9. Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Company or others to any harm or liability of any type.
   
   

9.Reservation of Right to Refuse Service

Company, and its affiliates, reserve the right to refuse service, terminate accounts and/or cancel orders in its discretion including, without limitation, if Company believes that the customer conduct violates these Terms of Use, applicable law, or is harmful to the interests of Company and its affiliates.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Orders may not combine promotional offers. We do not allow the use of promotional code discounts when discounted Gift Cards are used for payment. Attempts to do so may result in cancellation of your order(s).

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

10.Third-Party Content

Company may include third party content, including embedded content, promotions, and advertisements, on its website. Company does not endorse, adopt, or sponsor such content. You agree that Company is not responsible for such third-party content. You use such third-party content at your own risk.

11.Feedback

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Company or our Products or Services (collectively, “Feedback”), is non-confidential and will become the sole property of Company. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12.Copyright Complaints

We have a policy limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify Company’s Designated Agent as follows:

Designated Agent        Copyright Manager
Address:                           5700 Wilshire Blvd. Suite 120, Los Angeles, CA 90036
Phone:                              310.237.7242
Email:                                copyrightmanager@coffeebean.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to us for certain costs and damages.

13.Copyright Complaints

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

14.Errors, Inaccuracies, and Omissions

On rare occasions, you might find that the product you received does not match what you saw online, or an advertised price or promotional code may have been posted in error. If this occurs, let us know. We strive to be as accurate as possible. However, we do not warrant that all product descriptions, images, photographs, pricing, discount codes, or other information on the Services are accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product is offered by us is not as described or pictured, your sole remedy is to return it in unused condition for a refund in accordance with our Return policies. In the event of an error, whether on the Services, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged if applicable. If you receive an order that you believe contains a mistake, we encourage you to contact us right away so that we may correct the order.

15.DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.

COMPANY PROVIDES THE SERVICES IS ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NONINFRINGEMENT. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE..

COMPANY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM COMPANY, ARE FREE OF VIRUSES, ERROR-FREE, OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.

COMPANY IS NOT LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL COMPANY AND COMPANY PARTIES (DEFINED BELOW) BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, WARRANTY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR FOR ANY TYPE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE AND ITS CONTENT, WHETHER OR NOT COMPANY MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGE MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF COMPANY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING FROM THE TERMS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, EXACTLY ONE HUNDRED DOLLARS ($100.00).

16.Release

To the fullest extent permitted by applicable law, you release Company from responsibility, liability, claims, demands, and damages (actual and consequential), or any one of the foregoing, of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

17.Dispute Resolution; Binding Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Company and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms of Use or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms of Use or our Services will be resolved through confidential binding arbitration held in Los Angeles County, California in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

You and Company agree that any dispute arising out of or related to these Terms of Use or our Services is personal to you and Company and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.

You and Company agree that these Terms of Use affect interstate commerce and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms of Use. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and Company agree that the state or federal courts of the State of California and the United States sitting in Los Angeles County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms of Use or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Company will not have the right to assert the claim.