The following terms govern your access to and use of the Out Of The Grey Coffee® website, including any content and services offered via our website. By using our website, you agree to these terms.
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.
Out Of The Grey Coffee® logos are registered trademarks of Destination Known, LLC.. 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.
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 Destination Known, LLC, 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:
You hereby grant to Destination Known, LLC. 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.
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:
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.
You may only register for a Out Of The Grey Coffee® 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.
At Out Of The Grey Coffee®, our goal is to provide our guests with impeccable service and the most delicious, highest quality coffee on the planet. We want you to be happy with your ootgCoffee experience, so we strive to make sure our return polices reflect that.
Whole Bean & Ground Coffee – Coffee is perishable, and our coffee beans are roasted to order, so we’re unable to accept returns on coffee. But don’t worry – we’re here to help! If there was an error with your order, please contact us at email@example.com within 10 days of your purchase. If you were dissatisfied with your coffee, our expert Customer Support team will help you track down your soon-to-be-favorites.
Everything Else – If you are dissatisfied with your order in any way, don’t hesitate to reach out to our Customer Support team about a return or exchange within 10 days of purchase. It’s easy – just email us at firstname.lastname@example.org.
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.
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.
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.
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 DESTINATION KNOWN, LLC. NOR ANY PERSON ASSOCIATED WITH OUTOFTHEGREYCOFFEE.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DESTINATION KNOWN, LLC. NOR ANYONE ASSOCIATED WITH OUTOFTHEGREYCOFFEE.COM 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.
IN NO EVENT WILL DESTINATION KNOWN, LLC, 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.
You agree to defend, indemnify and hold harmless Destination Known, LLC., 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.
The Safe Drinking Water and Toxic Enforcement Act of 1986, popularly known as Proposition 65, is a California law intended to protect California citizens from chemicals known to cause cancer or birth defects or other reproductive harm and to inform citizens about exposures to such chemicals. One such chemical is acrylamide, which may be present in coffee, including the coffee sold by Out Of The Grey Coffee®. Acrylamide is a naturally occurring byproduct formed when certain sugars and an amino acid react to high temperatures, such as when coffee is roasted. The U.S. Food and Drug Administration (FDA) has not determined that the low levels of acrylamide naturally found in roasted coffee have any public health impact. Your personal cancer risk is affected by a wide variety of factors. For more information on acrylamide, please consult the FDA’s website at fda.gov. For more information about both acrylamide and Proposition 65, please visit www.oehha.ca.gov/prop65.html.
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 Pennsylvania, without giving effect to any choice or conflict of law provision. 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 Erie County, Pennsylvania. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(a) YOU AND DESTINATION KNOWN, LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. 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. (b) 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 12. (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 the arbitration provision or the Agreement is 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. (c) 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. (d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR DESTINATION KNOWN, LLC. WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. 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 this class arbitration waiver 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.
No waiver by Destination Known, LLC. 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 Destination Known, LLC. 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.
When starting a Out Of The Grey Coffee® subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscriptions 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.
By joining the Bank of Java-Rewards program, you agree to these rules
Article 1 GENERAL
1.1. Overview. The Bank of Java-Rewards program (the “Program”) is a loyalty reward program offered by Out Of The Grey Coffee® (the “Company”, “us”, “our” or “we”) to certain customers of the Company. The Program is accessible through www.OutOfTheGreyCoffee.com (the “Program Website”) and any other related sites and applications referred to on the Program Website including without limitation www.outofthegreycoffee.com/rewards (the “Explainer Page”).
The Program allows persons who have completed the membership enrolment steps (each, a “Program Member” or “Member”) in accordance with the present Terms and Conditions to collect credits (Beans) when making purchases on items identified from time to time by the Company (“Eligible Purchases”), and to redeem these credits (Beans) for rewards, benefits and/or rebates offered by the Company from time to time.
Members acquire no vested right or entitlement to the continued availability of any reward, benefit or redemption level.
1.2. Terms and Conditions. The terms and conditions set forth herein (the “Terms & Conditions”, and together with any terms set forth on the Program Website, the Explainer Page and any other terms accessible through any of the foregoing, collectively the “Program Terms”) govern the Program. The Company in its sole discretion can, restrict, suspend, amend, extend or otherwise alter the Program Terms at any time and without prior notice. If the Program Terms have been updated, the Company will post the new Program Terms on the Program Website and note the date that they were last updated, and no change will be effective until such change has been posted for at least ten (10) days. We encourage Members to review the Program Terms each time they use the Program.
1.3. Acceptance. By using or enrolling in the Program, you accept and agree to be bound by these Terms and Conditions.
Article 2 PROGRAM MEMBERSHIP
2.1. Membership Enrollment. Membership is free and no initial purchase is required in order to become a Member. To become a valid Member, you must complete the enrolment process by providing complete and accurate information and indicating your acceptance of the Program Terms by creating a User Account. (“Member Number”).
2.2. Passwords and Security. In order to enroll in the Program, you will have to register and create an Account with us and provide one or more names, email addresses, login usernames and passwords (together, “ID”). You are responsible for maintaining the confidentiality of your ID. You agree not to use the ID of any third party or disclose your ID to any third party. You are responsible for all activity that occurs on your Account. If you suspect any unauthorized use of your Account, you must notify us immediately. You always agree to provide us with correct and complete Account information and inform us of any changes to the information you have provided. We will keep your ID confidential. Only one Bank of Java-Rewards account (“Account”) is permitted per person.
2.3. Passwords and Security. If the Company determines that a Program Member has abused any of the Program’s privileges, fails to comply with any of the Program Terms, or makes any misrepresentation to the Company the Company may, in its sole discretion, take such actions as it deems appropriate, including without limitation, suspending such Member’s privileges under the Program, revoking any or all of the credits (Beans) in such Program Member’s Account, and/or revoking the Program Member’s membership in the Program, in each case, with or without advance notice to the Member and without liability to the Company.
Credits (Beans) will not be awarded if in the Company’s reasonable opinion, the merchandise purchased will be used for resale or commercial use and any credits (Beans) awarded on such purchases will be forfeited. If a Member was awarded credits (Beans) for an offer or promotion in which a Member purchased product(s) in excess of reasonable quantities, the credits (Beans) awarded as a result of that offer or promotion may be forfeited without prior notice and the Account may be suspended or closed. Credits (Beans) can only be earned on eligible purchases made on OutOfTheGreyCoffee.com.
Unless further restricted elsewhere in the Program Terms, Membership is only available to (i) individuals above the age of majority and who have legal capacity, and (ii) corporations, businesses, charities, partnerships, enterprises, schools or anyone other than an individual, provided that such entity has legal capacity and has duly authorized such Membership. If a Member does not meet the capacity requirements set out above, all points (Beans) awarded to such Member may be forfeited without prior notice and the Account may be suspended or closed.
2.4. Change in information. Program Members are responsible to advise the Company immediately of any change to their address or other contact information. The Company will not be responsible for any communication not received by a Program Member, provided that the Company sent such communication to the address or other contact information then on file from such Program Member.
2.5. Inactive Accounts. A Program Member Account is deemed to be inactive if credits Beans) are not earned in connection with such Account for 1 year. Once an Account is deemed to be inactive, all credits (Beans) in such Account may, in the Company’s sole discretion, be deemed to have been forfeited by such Member, with or without notice.
2.6. Account Closure. Credits (Beans) are reduced to zero upon closure of a Membership.
2.7. Security. If a User Account is used by any other person, all credits (Beans) relating to purchases made by such other person will be credited to the User’s Account. The Company assumes no liability or responsibility for credits (Beans) redeemed by any person(s) prior to a notification to the Company’s Customer Service Centre that the User Account has been compromised. Any credits (Beans) redeemed prior to notification shall be at the Users risk.
Article 3 REWARD POINTS (Beans)
3.1. Reward Credits (Beans). Credits (Beans) can be earned by Program Users in connection with purchases of goods and/or services made through the Company (whether online and/or from physical locations) as set forth on the Explainer Page, regardless of method of payment, provided that the User Account is presented/entered at the time of purchase. Reward Credits (Beans) expire 12 months after they are awarded to the Member.
Credits (Beans) can be redeemed for rewards. When enough credits (Beans) have been accumulated to obtain the reward(s) desired, redemption may occur through online and/or physical locations as set forth on the Program website or Explainer Page. The redemption schedule, available rewards (Beans) and other information is available on the Explainer Page.
A Member must provide his/her User Account when redeeming credits (Beans) to protect the integrity of the User’s credits (Beans) balance. Each User is responsible to ensure that all Personal Information is correct and up-to-date, and the Company reserves the right to block redemptions where the User information is inaccurate or incomplete. Users are solely and entirely responsible for keeping their Account secure. If a purchase price is lower than the redemption value of the credits (Beans), the remaining dollar value associated with all utilized points will be forfeited.
3.2. Value. Credits (Beans) have no cash value and are not exchangeable for cash. The accumulation of credits (Beans) does not entitle the Program Members to any vested rights, and the Company does not guarantee in any way the continued availability of any reward, redemption level, rebate or any other benefit. The Company assumes no liability to Members as regards the addition or deletion of items from or for which credits (Beans) can be collected and/or redeemed.
3.3. Transferability. Except as permitted from time to time by the Company, points (Beans) cannot be assigned, exchanged, traded, bartered, purchased or given by gift or otherwise sold. Any points (Beans) so acquired are void. For the avoidance of doubt, such prohibited transfers include transfers upon operation or law upon the death of a Member.
3.4. Return/Exchange Program. In the event of a return/exchange of any eligible purchase that initially earned credits (Beans), such credits (Beans) will be deducted automatically from the Account that was used for the eligible purchase (whether or not the User Account is presented at the time of return and/or exchange). Credits (Beans) will be deducted at the same rate as they were earned.
Upon the return and/or exchange of products awarded through the redemption of points (Beans), all redeemed points (Beans) will be forfeited.
3.5. Promotion. From time to time, the Company may advertise or offer exclusive offers to select Members to redeem credits (Beans) for items other than a discount reward or receive other benefits or discounts. Insider memberships, gift card purchases, custom private label orders, green coffee orders, even larger online shipped orders, the purchase of additional credits (Beans) and other select products are exempt from discounts.
Article 4 PRIVACY
4.1. Confidential Information. We are committed to protecting your privacy. We will maintain the privacy and security of all personal information collected from Members, including, but not limited to: name, address, email address, telephone numbers, date of birth, account number and purchasing information (“Personal Information”).
You understand that through your use of the Program, you consent to the collection and use of this information. As part of providing you the Program, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Program and your Account.
4.2. Unsubscribe. By sharing your email address and as an active customer and Program Member, we and/or our service providers may communicate to your special offers, services, promotions and program information. You can unsubscribe from receiving such messages at any time by updating your online account, by contacting customer service of the applicable entity, or by clicking unsubscribe at the bottom of any promotional email.
Article 5 GENERAL
5.1. Acceptance. By enrolling in the Program, each Member (i) certifies that he or she is over the age of majority in the province in which he or she resides (or is supervised by a parent or legal guardian who agrees to the Program Terms) and of mental capacity (or is supervised by a legal guardian who agrees to the Program Terms), (ii) consents to the company’s collection and use of certain personal information, except as he or she may otherwise notify the Company and (iii) agrees to the Program Terms, as they may be amended from time to time.
5.2. Other Terms. These Terms & Conditions are in addition to any other Program Terms, and shall be read together with such other Program Terms as one and the same instrument; provided, that if there is a conflict between any terms set forth in these terms and conditions, the Program Website, the Explainer Page and/or any other Program Terms, such conflict shall be resolved as follows: first, the Explainer Page shall prevail, thereafter these Terms & Conditions, thereafter the Program Website and finally any other Program Terms. For the avoidance of doubt, in the event of any action, proceeding or other dispute arising from or relating to any Program Terms, such dispute shall be settled in accordance with the provisions and procedures set forth in these Terms & Conditions.
5.3. Abuse. Any abuse by a Member of the Program’s privileges, any failure by a Member to follow these Terms and Conditions, or any misrepresentation by a Member may subject the Member to expulsion from the Program, including forfeiture of all accumulated credits (Beans).
5.4. Waiver. Every effort has been made to ensure that the information herein is correct. The Company is not responsible for any errors or omissions in printed copies of these Terms and Conditions nor those published from time to time on its website.
Any waiver by the Company of the strict observance, performance or compliance by a Member with any of the Terms and Conditions contained herein, either expressly granted or by course of conduct, shall be effective only in the specific instance and shall not be deemed to be a waiver of any rights or remedies of the Company as a result of any other failure to observe, perform or comply with the Terms and Conditions. No delay or omission by the Company in exercising any right or remedy hereunder shall operate as waiver thereof or of any other right or remedy.
If any provision in these Terms and Conditions is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
5.5. Contact. If you have any questions about these Terms and Conditions or if you wish to provide any feedback with respect to the Program, please contact us at: service@OutOfTheGreyCoffee.com.
We welcome your comments and suggestions regarding our website and the information, products and services we make available here.
Contact us at Service@OutOfTheGreyCoffee.com or 1.888.354.JAVA (5282) to provide feedback.
Thank you for visiting our website. We hope to see you in person at one of our locations soon.