Welcome to the Mountain Bird Coffee & Tea Co.’s website (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. Mountain Bird Coffee & Tea Co. may from time to time modify or revise the Terms by updating this web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
Copyright and Trademark Notice
This Site and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of Mountain Bird Coffee & Tea Co. or its third-party licencors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Mountain Bird Coffee & Tea Co. or its third-party licencors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling, or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Mountain Bird Coffee & Tea Co. is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site for the sole purpose of using the Site as a personal resource, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
We appreciate your comments, remark Mountain Bird Coffee & Tea Co. and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.
This Site may contain links to other websites (“Linked Sites”). Mountain Bird Coffee & Tea Co. does not operate or control any information, products, or services on the Linked Sites and does not endorse or approve any products or information offered at Linked Sites. You acknowledge and agree that your access or use of any Linked Site is at your own risk.
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. Mountain Bird Coffee & Tea Co. expressly disclaims all such representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. Mountain Bird Coffee & Tea Co. does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information on the site is subject to change without notice.
You agree to defend, indemnify, and hold Mountain Bird Coffee & Tea Co. harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, including attorneys’ fees, arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
Limitation of Liability
In no event shall Mountain Bird Coffee & Tea Co. be liable for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through this site, whether in an action under contract, negligence, or any other theory, even if mountainbirdcoffee.com has been advised of the possibility of such damages. Mountain Bird Coffee & Tea Co.’s total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).
These Terms are governed by and shall be construed in accordance with the laws of the State of Arkansas without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms are effective unless and until terminated by Mountain Bird Coffee & Tea Co..