Please read these Terms & Conditions (“Terms”) carefully as they contain the terms and conditions of your use and access to the caffenio.com/us website (the “Site”), including any content, functionality, sales and services offered on or through the Site (collectively, the “Services”).  These Terms will govern the contractual relationship between you and CAPSA USA LLC (hereinafter referred to as “Caffenio“, “us”, “our” or “we“).

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO COMPLY WITH THESE TERMS.  IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT ACCESS OR USE THE SERVICES. Any questions, complaints or correspondence regarding these Terms should be sent to the contact details set forth at the end of these Terms.

ARBITRATION NOTICE; CLASS WAIVER; WAIVER OF TRIAL BY JURY. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND CAFFENIO WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Privacy Policy 

We may collect certain information about you when you access and use our Services. Our collection and use of data is described in our Privacy Policy. By using our Services, you acknowledge our Privacy Policy.

Content 

The Services, including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, names of products and services, documentation, other components and content included herein, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, ”Content”) are exclusively the property of Caffenio or, as applicable, Caffenio’s affiliates, vendors or licensors. Except for the rights expressly granted to you in these Terms, Caffenio retains all other ownership rights in the Services and Content, including all intellectual property rights.  

Site Information

We provide the information on the Site for general, informational purposes.  While we use good faith efforts to keep the information provided through the Services accurate, we do not guarantee it is accurate, up-to-date, or applicable to you.  

The details of the products available for purchase (including their corresponding price) are specified on the Site. Caffenio will take all reasonable measures to ensure that all details, descriptions and prices of the products appearing on the Site are correct. Although we will try to keep the Site’s store as up-to-date as possible, the information specified at any given time may not always be accurate.

Rewards Program

For information and terms pertaining to our rewards program, MI CAFFENIO, please see those specific terms, made available here.

Use Rights 

You may only use the Services and Content for your personal, non-exclusive use, so long as you comply with these Terms, the Privacy Policy, and all other terms posted throughout the Services as applicable to you, such as the MI CAFFENIO rewards program terms, and all applicable laws, rules and regulations. You may only use the Services and the Content for their intended purposes for which they are made available to you by Caffenio.

Purchase of Caffenio Products Online

Placing Orders:

• Once you have selected the products you wish to purchase, these products will be included in the shopping cart.
• At the end of your product selection, you will click on the “shopping cart” button to access the summary of the order in which you can identify and correct possible errors.
• At the bottom of the shopping cart page, you must click on the “checkout” button to proceed to enter your personal data.
• Once you have finished filling in your personal data, you must click on the “continue to send method” button.
• Select the shipping method (land or air), continue clicking on “continue to payment method”.
• Once you have finished filling in your bank card details, you will need to click on the “finalize order” button.
• Once you have clicked on the “complete the order” button, we will obtain an authorization via our third-party payment processor  for the amount indicated on the page. At this point in the process, we will not withdraw funds from your card, although the available balance on your card will be reduced with the authorization. This process is the usual procedure followed by banks. If your payment is not authorized, the order will not be processed.
• We, or our third-party logistics provider, will send you an e-mail accepting your order and a separate email confirming that the products you have ordered will be sent to you (“Shipping Confirmation”). We are not responsible for packages past 30 days of the date of delivery at the order destination. 

Caffenio may refuse, at its sole discretion, the processing of any order. Caffenio may refuse or cancel any transaction, at any point, in our sole discretion, including in the following cases: 

• • When the product ordered has ceased to be manufactured or is not available;
  • When  we do not receive  authorization for the payment of the purchase price;

• When you do not meet the criteria for placing orders specified at the beginning of this section; 

• When the shipping address is out of the designated shipping areas; or
• If there is a concern that the transaction could be fraudulent. 

Payment Terms

We accept payments by Visa and MasterCard.  Payment information collected is subject to our Privacy Policy.  The entire transaction is encrypted through a bank validation server using the SSL (Secure Socket Layer) encryption protocol, so your credit card number and expiration date are instantly encrypted on your computer before being sent to the SSL protocol. For greater security, this data is not stored on our server, so you must communicate all the information with each new order.  You may also be eligible to redeem rewards points via MI CAFFENIO to make purchases, subject to the terms and conditions of the MI CAFFENIO rewards program terms.  

Intellectual Property Rights 

The Services and Content may be protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Caffenio or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

Compliance with Laws

In connection with your access to and use of the Services, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.

Feedback and Other Content Submitted by You 

If you submit comments or feedback to us regarding the Services or its Content, or any other comments, questions, requests, content, or information that is not personal information (“Feedback“), we may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

Restrictions 

The following actions are not permitted and violate these Terms:

• You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Services or Content without Caffenio’s prior written consent.

• You may not use the Services for unlawful purposes.

1. You may not submit inaccurate, incomplete, or out-of-date information via the Services, commit fraud or falsify information in connection with your use of the Services.
2. You may not engage in data mining or similar data gathering or extraction activities from the Services. You may not use the Services to harvest email addresses, names, or other information of the users of the Services or to spam other users of the Services.
3. You may not access, use, or copy any portion of the Services or Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
4. You may not use the Services to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
5. You may not engage in activities that aim to render the Services or associated functions inoperable or to make their use more difficult.
6. You may not frame, mirror, or circumvent the navigational structure of any part of the Services.
7. You may not upload, distribute, transmit, or post anything to or through the Services that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
8. You may not engage in any conduct while using the Services that Caffenio considers inappropriate, unauthorized, or contrary to the intended purpose of the Services.

No Warranty 

The Services and Content are provided ”as is,” and without any warranty of any kind.  To the maximum extent permitted by applicable law, Caffenio expressly disclaims all warranties and conditions of any kind with respect to the services and content, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and arising from a course of dealing or usage in trade. 

Caffenio makes commercially reasonable efforts to provide accurate and reliable content on the Site, but neither accuracy nor reliability are guaranteed. Caffenio does not warrant or guarantee the quality, completeness, timeliness, or availability of the Services or Content. Caffenio does not warrant or guarantee that the Services or Content will be uninterrupted or error-free, that any defects in the Services or Content will be corrected, or that the Services or the servers that make them available are free of viruses or other harmful conditions or components.

The laws of certain jurisdictions may not allow the exclusion or limitation of warranties or conditions. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Caffenio or its officers, directors, members, employees, agents or professional advisors  (collectively, the ”Caffenio Parties”) be liable for any indirect, special, incidental, exemplary, punitive, or consequential loss or damage, arising out of or in connection with the Services or Content, or your access to or use of, or inability to access or use, the Services or Content, regardless of the form of action, whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a Caffenio Party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy in the event of any claim or damage is to stop accessing and using the Services or Content.  Without limiting the foregoing, in no event will the Caffenio Parties’ aggregate liability to you arising out of or in connection with the Services or Content, or your access to or use of, or inability to access or use, the Services or Content exceed $100 U.S.D., even if any available remedy provided fails of its essential purpose. 

The laws of certain jurisdictions may not allow the exclusion of certain damages or limitations of liability.  If these laws apply to you, some or all of the above exclusions or limitations may not apply to you and you may have additional rights.

Indemnification 

You agree to indemnify, defend and hold harmless the Caffenio Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including, without limitation, reasonable attorneys’ fees) that arise out of or in connection with (a) your violation of applicable laws, (b) your misuse of the Services or any Content, (c) your breach of these Terms or any other terms applicable to the Services, and (d) your infringement or misappropriation of any intellectual property rights. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

Third-Party Websites and Content 

The Services may link to third-party websites or contain third-party content. We provide those links and this content as a convenience, and we are not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Services.  Caffenio does not warrant or endorse any third-party website or content. When leaving the Site, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site (and such third-party’s use of your personal information), not these Terms.

Use in the United States 

The Site and the Services via the Site are intended for use in the United States only.  We do not guarantee that use of the Services will be available or permitted in any location other than the United States.  If you choose to access the Services from a location other than the United States, you do so at your own risk.  

THE EXISTENCE OF THE SERVICES OR ANY CONTENT SHALL NOT BE CONSTRUED AS CAFFENIO OR THE CAFFENIO PARTIES OFFERING SUCH SERVICES OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SERVICES OR CONTENT IS PROHIBITED BY LAW.

Termination

If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Services or Content, and we may restrict your access to the Services or Content. We may suspend or terminate the Services or any Content, in whole or in part, at any time in our sole discretion for any reason. Caffenio will not be liable to you or anyone else for any damages arising from or related to suspension or termination of your access to the Services or the Content, or in the event that Caffenio modifies, discontinues or restricts the availability of the Services or the Content (in whole or in part).

Cooperation with Law Enforcement 

Caffenio will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE CAFFENIO PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

Arbitration, Waiver of Trial by Jury, Waiver of Class Action  

Applicability of Arbitration Agreement. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity of these Terms, including the determination of the scope or applicability of this agreement to arbitrate (collectively, the “Dispute”), which cannot be resolved informally, shall be resolved by binding arbitration on an individual basis under the terms set forth below (“Arbitration Agreement”). Notwithstanding the foregoing, in the event of any actual, alleged or threatened violation of confidentiality or violation of Caffenio’s or its providers’ intellectual property or other proprietary rights, Caffenio or its providers may immediately resort to court proceedings in a court of competent jurisdiction as set forth below in order to seek immediate injunctive relief without posting of a bond, proof of damages or other similar requirement. The institution of any action for injunctive relief does not constitute a waiver of the right or obligation of any party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you and Caffenio, and to any of our subsidiaries, affiliates, agents, employees, predecessors in interest, successors in interest, and assigns.

Arbitrator. The arbitration proceeding will be administered by the American Arbitration Association (“AAA”) before a single arbitrator selected pursuant to the AAA rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties shall share equally in the costs assessed for the arbitration, and each party shall bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. THE PARTIES UNDERSTAND THAT THEY WOULD HAVE HAD A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, AND TO PARTICIPATE IN A CLASS ACTION OR OTHER PROCEEDING INVOLVING MULTIPLE CLAIMANTS, BUT THEY INSTEAD CHOOSE AND AGREE TO HAVE ALL DISPUTES AS SET FORTH HEREIN DECIDED THROUGH INDIVIDUAL ARBITRATION.

Place. The place of arbitration shall be in Phoenix, Arizona, unless otherwise agreed to in writing by all parties to the arbitration. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation, enforcement and proceedings pursuant to this Arbitration Agreement. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party,

Survival. This Arbitration Agreement provision will survive the termination of this Terms. 

Time Limitation on Claims. The parties agree that they must initiate arbitration within one (1) year after any Dispute arose; otherwise, the Dispute is permanently barred.

Class Action Waiver. YOU AND CAFFENIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Caffenio agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration Agreement shall be null and void.

Governing Law 

Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Services, are governed by the laws of Arizona, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Maricopa County, Arizona. The parties expressly agree to the exclusive jurisdiction of those courts.

Entire Agreement 

These Terms contain the entire agreement between you and Caffenio with respect to your access to and use of the Services and the Content. 

Severability 

If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.

Terms Applicable To New Jersey Consumers

No provision in these Terms will apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Caffenio reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state.

Terms Applicable to California Customers

You acknowledge that you have read and understand, and hereby expressly waive the benefits of Section 1542 of the California Civil Code (and any similar law of any state or other jurisdiction), which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 

Under California Civil Code Section 1789.3, California users of the Site receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

Contact us

Please direct any questions and concerns regarding these Terms to us at: 

Attn: CUSTOMER SERVICE

Address: 6417 E GRANT RD TUCSON AZ 85715

Phone: 877-432-7987

Email: hearyou@caffenio.com