legal

The following terms and conditions govern all use of the modcup.com website and all content, services and products available at or through the website. The Website is owned and operated by modcup, llc The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, modcup’s Privacy Policy – below) and procedures that may be published from time to time on this Site by modcup (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by modcup, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

1. Your modcup.com Account. You agree that you are liable for purchases made through your modcup.com Account and assume responsibility for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You further agree to notify modcup promptly should you become aware of any actual or potential compromise of your Account information so that modcup may take appropriate actions to safeguard modcup’s legal interests.

2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which modcup.com links, and that link to modcup.com. modcup does not have any control over those non-modcup websites and webpages, and is not responsible for their contents or their use. By linking to a non-modcup website or webpage, modcup does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. modcup disclaims any responsibility for any harm resulting from your use of non-modcup websites and webpages.

3. Copyright Infringement and DMCA Policy. As modcup asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by modcup.com violates your copyright, you are encouraged to notify modcup in accordance with modcup’s Digital Millennium Copyright Act (”DMCA”) Policy. modcup will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.

4. Intellectual Property. This Agreement does not transfer from modcup to you any modcup or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with modcup. modcup, modcup.com, the modcup.com logo, and all other trademarks, service marks, graphics and logos used in connection with modcup.com, are trademarks or registered trademarks of modcup or modcup’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any modcup or third-party trademarks.

5. Changes. modcup reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. modcup may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.

6. Termination. modcup may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your modcup.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Disclaimer of Warranties. The Website is provided “as is”. modcup and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither modcup nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.

8. Limitation of Liability. In no event will modcup, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to modcup. modcup shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. Return Policy Coffee. We do not accept returns on coffee due to the perishable nature of coffee. However, we are quite willing to resolve problems as they arise. If you have any issues with your coffee, or if there are errors in your order, please contact us within 2 days of receiving your order. We will do our best to ensure that you are satisfied.

10. Return Policy Merchandise (non-coffee items). We would like you to be satisfied with your purchase. All Returns or Exchanges on merchandise (non-coffee) items must be done within 30 days of the purchase date. Items purchased online can only be returned to our Headquarters, they can’t be returned to our café locations. Please email your order number, name, reason for a Return/Exchange, and the item and quantity you wish to Return/Exchange to info@modcup.com. We will contact you with information on how your return will be processed. We will not refund the price of shipping. All returns should be sent to:

modcup llc
Attn: Returns
25 Senate Place
Jersey City, NJ 07306

11. Security for your credit card. modcup does not store any sensitive card holder information. When you place an order with us, your information is encrypted using strong encryption and directly and securely transmitted to our card processor. Our card processor is a leader in secure payment processing, and is fully compliant with all industry standards, including PCI compliance. On subsequent orders, or in the case of subscriptions, they use the stored information to process the charge, and let us know payment has been made. modcup staff doesn’t have access to any sensitive card holder data at any time during an electronic purchase.

12. As Is. All items sold are sold “As is” and without warranty of any kind. modcup disclaims any warranty whether implied or implicit.

13. Indemnification. You agree to indemnify and hold harmless modcup, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.

14. Miscellaneous. This Agreement constitutes the entire agreement between modcup and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of modcup, or by the posting by modcup of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New Jersey.

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Privacy Policy

Information that is gathered:

In common with other websites, log files are stored on the web server saving details such as the visitor’s IP address, browser type, referring page and time of visit.

Cookies will be used to remember visitor preferences when interacting with the website.

Where registration is required, the visitor’s email and a username will be stored on the server along with shipping and billing addresses and any preferences.

Our card processor stores all credit card information. They conduct the entire credit card transaction using industry standard 128 bit SSL encryption. We only store a record that the transaction took place.

How the Information is used:

The information is used to enhance the visitor’s experience when using the website to display personalized content.

E-mail addresses will not be sold, rented or leased to 3rd parties.

If you make a purchase, we will send you a confirmation email and additional emails regarding your purchase, including shipments, problems, or changes.

If you sign up for our mailing list, we will send you informational emails about offers of services. At any time, you can ‘unsubscribe’ yourself from our email list simply by clicking the ‘unsubscribe’ button. It may take us a week or so to remove you from the list, but we will!

Customer Options:

If you have subscribed to one of our services, you may unsubscribe by following the instructions which are included in the e-mail that you receive.

You may be able to block cookies via your browser settings but this will prevent you from access to certain features of the website.

Cookies:

Cookies are small digital signature files that are stored by your web browser that allow your preferences to be recorded when visiting the website. The site won’t work properly if cookies are turned off. Also they may be used to track your return visits to the website.

Changes to Policy:

We reserve the right to change this policy at some future date. Changes will be posted on our website.