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Terms of Use

On most websites, this section contains so much information, written in such detailed legal language, that it is basically unintelligible. This is our valiant effort to communicate what you probably want to know, as simply as possible, while making our lawyers happy by registering some legal points. In the end, it is still pretty tough sledding.

If we have failed to cover something you are particularly keen on, or you are not 100% clear about the meaning of the conditions of use, then give us a call or post us a message using the Contact Us section and we will try to resolve your question or concern.

Your use of this site means that you are accepting the terms described in the agreement and dated below.

Collection of personal information

We collect information from you in order to bill you for products that you request, to ship the products to a destination you specify, to investigate whether you may be a candidate for a job opening, or to respond to your questions or contacts. We never share your personal information with other companies, persons or agencies. We handle all aspects of the transaction, other than the credit card processing, in-house. Our third party payment provider, PayPal, may not use your information for any purpose other than to process the transaction.

We do not use your contact information to send you email bulletins on new products, company news or sustain programs, unless you have expressly given your permission by checking our authorization box. You are free to opt-out of this mailing list at any time through a simple unsubscribe step.

Analytics and cookies

When you use our site (or any site for that matter), certain information about your visit is collected automatically. This would include information like your IP address, browser type, how you were referred to our site, or which pages you visited. In addition, cookies may remain on your hard drive after you visit the site; particularly if you purchase a product. In neither case is the information collected of a personal nature. It does not identify your name, email address, or other personal information.

We use Google Analytics to track the macro performance of our site – which pages are most popular, how long visitors stay on the site, overall visits and the like. All of this is aggregated data and you are not identified individually. Cookies can help speed up transactions, particularly if you use the Shop regularly. You have the option of deleting all cookies from your browser at any time.

Protection of personal information

We want you to feel confident about using our site and making purchases through the Shop, and we are committed to protecting the personal information we collect. We have implemented appropriate physical, electronic and managerial security procedures to help protect the personal information that you provide to us. While we cannot guarantee security, we believe your information is well protected.

Purchases by children

If you are under 18, you may purchase products through the Shop only with the involvement of a parent or guardian. If a child who we knew to be under 13 were to send us personal information, we would use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.

Terms of use

This website is owned by the Muskoka Roastery Coffee Company (“we”). By using this website, you agree to be legally bound by all the terms and conditions. You also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the services.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Trademarks

Muskoka Roastery Coffee Co. trademarks and trade dress may not be used in connection with any product or service that is not Muskoka Roastery Coffee. All rights in the product names, graphics, logos, design elements, scripts, product packaging, trade dress and designs of all Muskoka Roastery Coffee Co products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Muskoka Roastery Coffee Company and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Nothing stated or implied confers a license or right under any trademark of the Muskoka Roastery Coffee Company.

All other trademarks appearing on this site are the property of their respective owners, who are not affiliated with or connected to the Muskoka Roastery Coffee Co. Their trademark rights are covered in their company statements.

You are granted a revocable and non-exclusive right to create a hyperlink to the website, providing that the link does not cast the Muskoka Roastery Coffee Co in a derogatory, inaccurate or misleading manner. You may not use any Muskoka Roastery Coffee Co logo, graphic or trademark as part of a hyperlink without express written permission.

Copyright

All the information and material contained on this website are for your personal, non-commercial use only. All copyright rights in the text, images, photographs, graphics, user interface, software and other content provided on the website are owned by the Muskoka Roastery Coffee Company and protected by Canadian and International copyright law. You are prohibited from copying, reproducing, distributing, displaying, or transmitting any of the contents of this website for any purposes. Nothing stated or implied confers a license or right under any trademark of the Muskoka Roastery Coffee Company.

Third Party websites

This website contains several hyperlinks to websites owned and operated by third parties. This does not mean that we endorse everything contained on that website. You are solely responsible for determining the extent to which you make use of any of the products or services offered by these third party sites. The Muskoka Roastery Coffee Co is not responsible or liable for any loss or damages incurred as a result of dealings with third party websites, companies or individuals and those websites are not bound by the policy statements written here.

Your responsibilities

All information that you provide in connection with a purchase or transaction will be accurate, complete, and current.

We encourage you to send us comments, suggestions, ideas, questions, or stories, as long as the material is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to us or third parties. Any form of spam, materials containing software viruses, commercial or political solicitation, chain letters or mass mailings are also expressly prohibited. You agree not to violate or attempt to violate the security of the website in any way. You may not misrepresent your identity.

If you do submit material, you are granting us a non-exclusive, fully paid up, royalty-free right to use and display such content in any media. We will generally contact you in advance of posting material with your name, but we do not warrant that this communication will always take place. Should you object to the way that your material is used on the website, you may request to have it altered or removed and we will comply.

You represent and warrant that you own or control all of the rights to the content that you post, and that the content is accurate. You will indemnify us for all claims resulting from content you supply.

This agreement contains disclaimers and other provisions that limit our liability to you. If you do not agree to these terms and conditions, do not access, browse or use this website.

Risk of loss

All products purchased from this website are transported and delivered to you by an independent carrier not affiliated with, or controlled by us. Title to products purchased on the website, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier.

Product information

We endeavour to be as accurate as possible in describing our products, but do not warrant that product descriptions are error-free. If a product you receive is not as you believe it was described, your sole remedy is to return it to us in pristine, unopened condition.

All prices quoted on the website are in Canadian Dollars.

Applicable law and disputes

These terms and conditions, and all rights and obligations will be governed by the laws of the Province of Ontario, Canada. Any dispute relating in any way to your visit to this website or to products you purchase through this website shall be submitted to confidential arbitration in Ontario, Canada.

Should any of our intellectual property rights be violated, the Muskoka Roastery Coffee Company may seek injunctive or other relief in any provincial or federal court in the province of Ontario.

Indemnification

You agree to defend, indemnify, and hold harmless the Muskoka Roastery Coffee Company and its successors and assigns, and its and their directors, officers, employees, agents, or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any kind of nature, incurred by the Muskoka Roastery Coffee Company arising out of or relating to your use of the website, your violation of this agreement, or your violation of any rights of another.

License and site access

The Muskoka Roastery Coffee Company grants you a limited license to access and make personal use of this site, and not to download or modify it, or any portion of it, except with express written consent of the Muskoka Roastery Coffee Company. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site, or any portion of this site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Muskoka Roastery Coffee Company. Any unauthorized use terminates the permission or license granted by the Muskoka Roastery Coffee Company.

Miscellaneous

We may discontinue the website; change the contents, operation, or any and all other features of the website; or restrict your use of the website, at any time, and for any reason, without notice.

The failure of the Muskoka Roastery Coffee Company to enforce any provisions of this agreement, or respond to a breach by you or other parties, shall not in any way waive its right to enforce subsequently any terms or conditions of this agreement or to act with respect to similar breaches.

If any provision in this agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved.

EFFECTIVE DATE: June 6, 2012

 

Site disclaimer of warranties and limitation on liability

THIS SITE IS PROVIDED BY MUSKOKA ROASTERY COFFEE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MUSKOKA ROASTERY COFFEE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED PRODUCTS OR SERVICES INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MUSKOKA ROASTERY COFFEE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MUSKOKA ROASTERY COFFEE COMPANY DOES NOT WARRANT THAT THE INFORMATION PROVIDED ON THIS SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM THE MUSKOKA ROASTERY COFFEE COMPANY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. IN NO EVENT WILL THE MUSKOKA ROASTERY COFFEE COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES, OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE WEBSITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO THE MUSKOKA ROASTERY COFFEE COMPANY THROUGH THE WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.