Last Revised: March 11, 2015
While we make reasonable efforts to provide accurate and timely information about Negrita’s Coffee LCC on the Site, you should not assume that the information is always up to date or that the Site contain all the relevant information available about Negrita’s Coffee. In particular, if you are making an investment decision regarding Negrita’s Coffee, please consult a number of different sources, including Negrita’s Coffee filings with the Securities and Exchange Commission.
In order to participate in certain areas of our Site, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Negrita’s Coffee if you discover or otherwise suspect any security breaches relating to the Site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
All sales from the Sites are governed by Negrita’s Coffee Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from Negrita’s Coffee. By ordering products through our Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Negrita’s Coffee’ sole discretion, so you should review the Terms of Sale each time you make a purchase.
The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Negrita’s Coffee disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, availability, that the Site and Site Materials are free from viruses, and non-infringement as to the Sites and the information, content and materials contained therein.
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Negrita’s Coffee logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Negrita’s Coffee or its licensors or users and are protected by U.S. and international copyright laws.
If you believe any material available via this Site infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Negrita’s Coffee LCC
11421 Callaway Pond Dr. Riverview
Tampa, FL 33579
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If a notice of copyright infringement has been filed against material posted by you on the Site, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If Negrita’s Coffee receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
In accordance with the DMCA and other applicable law, Negrita’s Coffee has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Negrita’s Coffee may also, in its sole discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the Sites (“User Content”). By using the Site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Sites any of the following:
a. Unless specifically requested by Negrita’s Coffee, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
b. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
d. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity;
e. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content;
f. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law;
g. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and
You further agree not to (i) use technology or other means to access Negrita’s Coffee or the Site or Site Materials that is not authorized by Negrita’s Coffee; (ii) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access Negrita’s Coffee or the Site or Site Materials; (iii) attempt to gain unauthorized access to Negrita’s Coffee computer network or user accounts; or (iv) attempt to damage, disable, overburden, or impair Negrita’s Coffee servers or networks.
Negrita’s Coffee does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Negrita’s Coffee liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the Site and agree to use the interactive areas at your own risk.
If you are viewing the Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the Sites and the computer system you are using to prevent unauthorized User Content.
You represent and warrant that your User Content is not subject to any confidentiality obligations and that you own and control all of the rights to the User Content, have the lawful right to distribute and produce such User Content, or otherwise have the right to grant the rights to Negrita’s Coffee that you grant herein. Negrita’s Coffee claims no ownership or control over any User Content, except as otherwise provided herein, on the Sites or in a separate agreement. However, by submitting or posting User Content on the Site, you grant Starbucks and its designees a worldwide, perpetual, irrevocable, non-exclusive, fully-paid up and royalty free license to use, sell, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, publish, license or sub-license the User Content and your name and likeness provided in connection with such use of your User Content. By posting User Content, you hereby release Negrita’s Coffee and its agents and employees from any claims that such use, as authorized above, violates any of your rights and you understand that you will not be entitled to any compensation for any use of your User Content.
Separate and apart from the User Content you provide, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Negrita’s Coffee, our Site and our products (collectively, “Ideas”). Ideas, whether posted to the Sites or provided to Negrita’s Coffee by email or otherwise are entirely voluntary, non-confidential, gratuitous and non-committal. Negrita’s Coffee shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Please do not send us Ideas if you expect to be paid or want to continue to own or claim rights in them; your Ideas might be great, but we may have already had the same or similar idea and we do not want disputes.
You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such links do not portray Negrita’s Coffee in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Negrita’s Coffee’ logo or other proprietary graphics to link to our Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Negrita’s Coffee trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site 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 Negrita’s Coffee or any third party. Negrita’s Coffee makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites linking to the Site. Such sites are not under the control of Negrita’s Coffee and Negrita’s Coffee is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites.
Negrita’s Coffee may provide third party content on the Site (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Negrita’s Coffee of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Negrita’s Coffee is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other sites via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites.
To the maximum extent permitted by applicable law, Negrita’s Coffee and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Negrita’s Coffee, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Negrita’s Coffee’ records, programs or services. In no event shall the aggregate liability of Negrita’s Coffee, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site, exceed any compensation you pay, if any, to Negrita’s Coffee for access to or use of the Site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.
Negrita’s Coffee reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Negrita’s Coffee will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Forward-Looking Statements: The Site, and any documents issued by Negrita’s Coffee and available through the Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts. They often include words such as “believes,” “expects,” “anticipates,” “estimates,” “intends,” “plans,” “seeks” or words of similar meaning, or future or conditional verbs, such as “will,” “should,” “could” or “may.” Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, product developments, operating efficiencies, sales and earnings estimates or trends and expansion plans, initiatives and projections. These forward-looking statements are based on our expectations as of the date such forward-looking statements are made and are neither predictions nor guarantees of future events or circumstances. Actual future results and trends may differ materially depending on a variety of factors including the risks detailed in the company’s filings with the Securities and Exchange Commission. The company assumes no obligation to update any of these forward-looking statements.
Press Releases: The information contained within press releases issued by Negrita’s Coffee should not be deemed accurate or current except as of the date the release was posted. Negrita’s Coffee specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
Third-Party Financial Information: As a service, Negrita’s Coffee may provide links to third-party websites or services that contain financial or investment information about Negrita’s Coffee. Negrita’s Coffee neither regularly monitors nor has control over the content of third parties’ statements or website. Accordingly, Negrita’s Coffee does not endorse or adopt, nor make any representations or warranties whatsoever regarding the accuracy or completeness, of those website or any information contained therein, including, without limitation, analysts’ reports and stock quotes. Users visit these websites and use the information contained therein at their own risk.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.