Terms of Use

Last modified 01.23.2019

Welcome to Espresso Rosetta! We built our website (our “Services”) to share information about our company, our café and our coffees; to make available guides that show you how to brew delicious coffees at home; to provide updates related to our company; to allow you to purchase our coffees and other products and have them shipped directly to you;

Acceptance

The following terms govern your access to and use of the Services, including any content and services offered. By using our Services, 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 Services following the posting of revised Terms means that you accept and agree to the changes.

Privacy

We value your privacy. Please review our Privacy Policy to understand our privacy practices. All information you provide to us via the Services is subject to our Privacy Policy.

Trademarks

Espresso Rosetta and the Espresso Rosetta logo are registered trademarks of Espresso Rosetta 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 the Services are the trademarks of their respective owners.

Other Intellectual Property Rights

The Services and their 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 Espresso Rosetta LLC., 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 Services 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 Services, except as follows:

  • You may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your web browser for display enhancement purposes.

  • You may print or download one copy of a reasonable number of pages of our Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Permitted and Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms. You agree not to use our Services in any way that violates any applicable federal, state, local or international law or regulation. You also agree not to:

  • Use our Services in any manner that could disable, overburden, damage, or impair or interfere with any other party's use of our Services.

  • Use any robot, spider or other automatic device, process or means to access our Services for any purpose, including monitoring or copying any of the material on our Services.

  • Use any device, software or routine that interferes with the proper working of our Services.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer or database connected to our Services.

  • Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working of our Services.

Reliance on Services Information

The information presented on our Services 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 user, or by anyone who may be informed of any of the Services’ contents.

Purchasing Our Products

You may only register for an Espresso Rosetta 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 your participation in any rewards program offered, 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.

Changes to the Services

We may update the content on our Services from time to time, but such content is not necessarily complete or up to date. Any of the material on our Services may be out of date at any given time, and we are under no obligation to update such material.

Linking to the Services

You may link to our Services, 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.

Links from the Services

Any links from the Services 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 sites and resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and resources.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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 Services 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 EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY LINKED WEBSITE OR APP.

YOUR USE OF OUR SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES IS AT YOUR OWN RISK. OUR SERVICES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ESPRESSO ROSETTA NOR ANY PERSON ASSOCIATED WITH ESPRESSO ROSETTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ESPRESSO ROSETTA NOR ANYONE ASSOCIATED WITH ESPRESSO ROSETTA REPRESENTS OR WARRANTS THAT OUR SERVICES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES 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.

Limitation on Liability

IN NO EVENT WILL ESPRESSO ROSETTA, ITS AFFILIATES, SERVICE PROVIDERS, EMPLOYEES, 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 SERVICES, ANY LINKED WEBSITES LINKED, ANY CONTENT ON OUR SERVICES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SERVICES 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.

Indemnification

You agree to defend, indemnify and hold harmless Espresso Rosetta, its affiliates, and service providers, and its and their respective officers, directors, employees, contractors, agents, 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 Services, including, but not limited to, any use of our content, services and products other than as expressly authorized in these Terms or your use of any information obtained from our Services.

Proposition 65 Warning

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 Espresso Rosetta. 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.

Governing Law and Jurisdiction

All matters relating to our Services 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 California, 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 Services is subject to the exclusive jurisdiction of the federal and state courts located in Alameda County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Recurring Subscriptions

When starting a Espresso Rosetta subscription, you agree to be billed in a recurring fashion on a per-order basis until your subscription is a) canceled or b) paused. If paused, 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. If cancelling via phone or email, please contact us at least 72 hours before the date you are scheduled to be charged next.

You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription, or you cancel and then resume that subscription.

The term of your subscription is continuous.

Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Espresso Rosetta with respect to our Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Services. In the event you later agree to additional terms and conditions applicable to the Services, such as terms and conditions governing a rewards program, such terms and conditions are made part of these Terms of Use by reference.

Feedback

We welcome your comments and suggestions regarding our Services and the information, products and services we make available here. Contact us at Contact@EspressoRosetta.com or (925) 315-5212 to provide feedback.

Thank you for visiting our Services. We hope to see you in person at our cafe in Livermore, California soon!