Last Updated: September 25, 2017
By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by Vendes Consulting or our subsidiaries or other affiliates (collectively, “5sento Coffee,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use the coffee or other products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
5sento Coffee reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (c) do not have more than one 5sento Coffee account, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
3. Registration, Account and Communication Preferences
In order to access and use certain areas or features of the Sites, you will need to register for a 5sento Coffee account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a 5sento Coffee account, you also consent to receive electronic communications from 5sento Coffee (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. .
4. Terms of Sale
4.1. Coffee Individual Set; Coffee Subscriptions; Continuous Subscriptions; Cancellation Policy
Coffee Individual Set. We offer a variety of different coffee purchase plans.You have the chance to buy individually for our references Box per 12 Drippers (4.2 Oz) & Box per 24 Drippers (8.5 Oz) IN NUMBER OF QUANTITIES AS YOU WANT. This will be charge to the base price of the product for reference and there is not apply any type of discount. For more information about our Coffee Individual Set, please visit the home page on our website and our FAQs.
Coffee Subscriptions.We offer a variety of different coffee subscription plans (each, a “Coffee Subscription”). For more information about our Coffee Subscriptions, please visit the home page on our website and our FAQs.
Continuous Subscriptions. WHEN YOU REGISTER FOR A COFFEE SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) 5sento Coffee (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A RECURRING BASIS FOR YOUR COFFEE SUBSCRIPTION (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR COFFEE SUBSCRIPTION CONTINUES, AND (B) YOUR COFFEE SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS.
Cancellation Policy.YOU MAY CANCEL YOUR COFFEE SUBSCRIPTION ONLY AFTER THE 3rd MONTH. (ONLY APPLIES FOR SUSCRPIPTIONS OF 6 OR 12 MONTHS) YOU CAN CANCEL AT ANY TIME BY EMAILING US AT SUPPORT@5SENTO.COFFEE AND FOLLOWING THE INSTRUCTIONS IN THE EMAIL WE SEND YOU IN RESPONSE TO YOUR CANCELLATION REQUEST. DEPENDING ON YOUR RECURRING CUT-OFF DATE, WHICH IS AVAILABLE ON YOUR “ACCOUNT” PAGE, YOUR CANCELLATION WILL BE EFFECTIVE SIX (6) DAYS AFTER YOU COMPLETE THE CANCELLATION PROCESS. YOU ARE RESPONSIBLE FOR ALL COFFEE SUBSCRIPTION CHARGES (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) INCURRED BEFORE THE EFFECTIVE DATE OF YOUR CANCELLATION. FOR 3 MONTHS SUSCRIPTIONS WILL NOT APPLY CANCELATIONS.
In the event you cancel your Coffee Subscription, please note that we may still send you promotional communications about 5sento Coffee, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
You have the ability to purchase a single box or subscriptions for other people through the Sites (“Gifts”). We offer various Gift packages, so please visit the Gifts page on our website and our FAQs for more information.
When you purchase a Gift, you must to register the information according to the Gift recipient. (Name, email, Country, State, City Address and Zip code). We will send you an email confirming your purchase. Then, we will shipped to the Gift recipient the product (Single Box or Suscrption) that you choosed for him/her. Gifts are not refundable or redeemable for cash, unless otherwise required by applicable law.
4.3. Free Trials
From time to time, to the extent legally permitted, we may offer free trials of certain subscrptions for specified periods of time without payment. If we offer you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration.
ONCE YOUR FREE TRIAL ENDS, WE (OR OUR THIRD PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF YOUR FREE TRIAL. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION ARE DESCRIBED IN SECTION 4.1 ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OF YOUR SUBSCRIPTION HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.
4.4. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your 5sento Coffee account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Coffee Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
4.5. Pricing and Availability
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your Coffee Subscription, we will provide advance notice of such changes in accordance with Section 3. We will not, however, be able to notify you of changes in any applicable taxes. The shipment of coffee to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Section 4.1.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific coffees) without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at email@example.com
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
4.7. Shipping and Handling
We do not apply any amount for shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from 5sento Coffee, any shipping times shown on the Sites are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.
In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your coffee is not feasible, we will cancel your coffee delivery for the period so affected and issue you a credit or refund of the purchase price for that coffee delivery.
4.9. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
4.10. Returns and Refunds
If you are dissatisfied with a coffee for any reason, please contact us at firstname.lastname@example.org within seven (7) days of the date you received the coffee and we will either replace the coffee at our expense or, depending on the circumstances, provide you a full or partial credit or refund of the purchase price for that coffee. We may require the return or photographic documentation of any coffee with which you are dissatisfied before we provide you a replacement, credit or refund.
If any Product you receive arrives damaged, please contact us at email@example.com and, depending on the circumstances, you will receive a partial or full credit or refund of the portion of the purchase price applicable to the damaged Product. We may require the return or photographic documentation of any damaged Product before we provide you a credit or refund.
If you are dissatisfied with any non-coffee Product you purchased through 5sento Coffee, you may return the Product within thirty (30) days of the date you received the Product by contacting firstname.lastname@example.org and following the shipping instructions we supply; provided, that all returned Products must be unused and in their original packaging. After we receive your returned Product, we will issue you a refund for the price you paid for the Product (less any applicable shipping and handling charges). If you do not comply with the terms of this section, you will be ineligible to receive a refund. You can return the product at this address 9590 NW 40th Street Rd Doral FL 33178.
5. Tourist Package visit Coffee Colombian Region
All packages or services offered by 5sento are governed by the terms and conditions and undertakings in the package tour – service agreement along with the booking form, which are incorporated herein by reference.
THE 5SENTO ROUTE TOURIST PLAN, NOT INCLUDES AIRFARE TICKETS FROM THE CITY OF ORIGIN FROM WHO CONCERNED. THE CUSTOMER WILL BE RESPONSABLE TO SET AND FIX THE SCHEDULE TO GET AT REASONABLE TIME ARRIVAL TO START THE TOUR AND YOUR RETURN SCHEDULE. IF YOU HAVE ANY ESPECIFIC REQUIREMENTS ABOUT YOUR NEEDS OR ANY ADITIONAL QUESTIONS OR COMMENTS, PLEASE CONTACT US AT SUPPORT@5SENTO.COFFEE OR CALL US OUR CUSTOMER SERVICE LINE +1 800 455 4851.
The time schedule fixed by the local tour operator should be strictly adhered to. For any inconvenience, loss or consequence suffered due to tourist’s failure to keep the local tour operators timings, the tourist alone would be responsible.
Please also note that unlike in the case of individual tailor made tour packages, you might have to adjust timings for the sake of general member of your tour group. Hotels mentioned now are only proposed at the moment. The hotel named in the service voucher shall be final.
Please reconfirm all the transfers or extra services booked with us.
No refund either in part or in full will be made for any unused part of the services provided in the packages.
Prices are subject to change in the event of increase in hotel room rates levy by the hotel during peak season / holiday surcharge and major events/ fairs and convention.
International standard check in 2 pm & check out is 12 noon. Hotels check in will be 12 noon or 02 PM, check out will be 10 AM or 12 noon.
Hotels and services quoted are subject to the final Confirmation from Hotels and Suppliers, Else similar property (Hotels) will be used. Kindly be advised above rates are as of date and subject to change without prior notice. All our packages are subject to RBI / GOI Rules and Regulation.
Equivalent * means the hotels with per night room tariff differential in the range of ten-fifteen dollars/euro/local currency.
Package Cost includes (Ground handling charges) Dollar segment, which will be taken out of your BTQ (Basic Travel Quota).
The hotel & package is a quote only & confirmation of rooms will be subject to availability at the time of booking.
There is no contract between 5sento coffee and the client until 5sento coffee has received the payment in accordance with the procedures laid down under payment terms and conditions. The client will have to study, follow and abide by the terms and conditions of 5sento Coffee and absolve 5sento Coffee of any claims for not understanding / reading the same.
Reservations can be made by paying the total amount of Tour Cost prior to departure within the applicable time limit. All bookings are subject to availability and the applicable conditions of each product/service.
Any amendment or cancellation will be accepted after intimated to us in writing. All bookings once confirmed by you are not amendable. Transfer from one tour / service to another will be treated as cancellation and the relevant cancellation charges will apply and a fresh booking will have to be made. For any aditional questions or comments, please contact us at email@example.com or call us our customer service line +1 800 455 4851.
5.2 Cancellations & Refunds
In the event of any cancellation, the amount paid will stand forfeited and further if any relaxation is offered to 5sento Coffee, the same will be passed on to the client. All refunds will be payable in US dollars. The cancellation must be intimated to us in writing. For any aditional questions or comments, please contact us at firstname.lastname@example.org or call us our customer service line +1 800 455 4851.
5.3 Travel Documents
Obtaining passports shall be the sole responsibility of the client, who hereby undertakes not to hold 5sento Coffee liable under any circumstances whatsoever, for visas not applied for, refused and/or delayed documents and/or entries to/from the countries visited, for the sole responsibility to grant the travel documents rests and vests with the authorities concerned. Without prejudice to the above preceding clause, an express notice is given to all concerned by 5sento Coffee that they shall only assist passengers in securing and obtaining the necessary travel documents to the best of their ability.
The package plan includes an insurance policy. But If you want something extra, we strongly recommend that our clients take travel insurance but not limited to cancellation, delays, loss of deposit, medical expenses, personal accidents, loss of baggage and personal effects. 5sento Coffee makes it a condition that the client is fully covered by life, property and medical insurance policy without which 5sento Coffee cannot present any claims on their behalf to overseas agents.
The communication directed herein is as disclosed by 5sento Coffee to its clients and shall be deemed to have been communicated to the client. . For any aditional questions or comments, please contact us at email@example.com or call us our customer service line +1 800 455 4851.
5.6 Force Majeure
5sento Coffee shall not be responsible and/or liable for any damage caused to Client due to reasons beyond the control of 5sento Coffee (force majeure / Vis majeure) no liability on the part of 5sento Coffee arising in any way out of this contract, in respect of any tour, holiday, excursion facility shall exceed the total amount paid or agreed to be paid for the tour, holiday and shall in no case include any consequential loss or additional expenses whatsoever.
All tour departures and hotels are subject to change with or without notice, as they are based on current schedules of transportation companies concerned.
All prices, where applicable are subject to increase based on revision in fares and fluctuations in the exchange rates. In case of any increase, clients will have to pay the difference.
Timings of conveyance are subject to change and consequently may be revised at any time. The itinerary is subject to alteration before or during the tour with or without notice.
5sento Coffee does not accept responsibility for losses and additional expenses, due to delays or changes, missed connections, sicknesses, weather, strike, quarantine or other causes howsoever caused and all such losses and expenses caused must be borne by the client.
All arrangements for the services are made by 5sento Coffee in their capacity as agents only for and in the interest of the clients, with respect to any land transportation and hotel which may be included in the program, and as such, holds itself absolved of all liabilities for any injury, delay or damage from any cause, whatsoever, for which the passenger, by signing this contract undertakes to absolve 5sento Coffee and/or it’s representatives from any legal claims.
All services are subject to the conditions and regulations referred to in the time tables, books, bills and notices of the companies concerned on whose airlines, steamers, railways, coaches and other transportation the passenger travels and the passenger by accepting TCI’s tour or any other service, agrees that the firms and the companies concerned shall not be held liable for any loss, damage, injury, delay or detention caused howsoever.
All services & tours are subject to the rules & regulations of the Government of Colombia and will operate as per the prevailing regulations & permissions being granted for such tours and services.
Any disputes arising out of/or in connection with the services, are subject to Colombian Laws and the courts in Cali – Colombia alone shall have jurisdiction. No person other than the Directors of 5sento Coffee has the authority to vary, add, amplify or waive any stipulation, representation term or condition detailed here.
5sento Coffee shall in no circumstances whatsoever be liable to the Client or any person travelling for:
- – Any death, personal injury, sickness, accident, loss, delay, discomfort, increased expenses, consequential loss and or damage or any misadventure howsoever caused.
- – Any act, omission, default of independent contractor such as hotelier, hotel owner, owner of any airlines or shipping company, railway, ferryboat owner, operator, coach owner, operator, etc. or any other person or by any servant or agent, employed by them who may be engaged or concerned in the provision of accommodation, refreshment, carriage facilities or service for the Client or for any person travelling with him, howsoever caused.
- – The temporary or permanent loss of or damage to baggage or personal effects howsoever caused, in this condition, the expression “howsoever caused” includes negligence on the part of any person except the negligence on the part of 5sento Coffee.
- – No liability on the part of 5sento Coffee arising in any way out of this contract in respect of any tour, holiday, excursion facility, shall exceed the total amount paid or agreed to be paid for the tour/holiday and shall in no case include any consequential loss or additional expense whatsoever.
- – Each of these conditions shall be severable from the other and if any provisions were invalid, illegal or not enforceable the remaining provisions shall nevertheless have full force and effect.
5.8 Important Advice
Each and every party/or passenger (hereinafter called Client), shall deal with 5sento Coffee on an express and specific condition and understanding that notwithstanding any clause, provision, custom or usage, 5sento Coffee shall not be liable to in any manner whatsoever in connection with the documentation, baggage, registration, reservation, transportation, insurance, accident, delay, cancellation, suspension, improper arrangements or any other eventuality. The Client dealing with 5sento Coffee shall be bound by this specific understanding and shall not bring, make or raise any action, demand or claim against 5sento Coffee and/or it’s employees, Directors and shall also indemnify 5sento Coffee, if any claim is made or action is brought by any party claiming through the client against it because of his dealing with 5sento Coffee and shall always keep 5sento Coffee and or it’s employees fully indemnified against any claims howsoever caused.
No claim or complaint of whatsoever nature and or any claim for damages shall be entertained and or admitted for consideration if lodged with the company beyond 10 days of end of our services and beyond 7 days at the end of package tour services. Whilst every effort has been made to ensure that the information contained in the 5sento Coffee brochures / websites / communiqués is correct at the time of going to press / being published, 5sento Coffee reserves the right to vary, amend, cancel, withdraw, change the operator, services.
The Currency Calculator on the website is offered purely as a convenience, and for reference purposes only. The exchange rates of the currencies are based on the previous day’s close, and do not reflect real-time fluctuations in the rate. We are in no way responsible for the decisions taken on the basis of the use of the application.
6. License to Access and Use Our Sites and Content
Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the 5sento Coffee logo and all designs, text, graphics, pictures, information, data, software, sound files, User Content (as defined in Section 11), other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of 5sento Coffee or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Sites and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Sites or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Sites or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and (f) use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of 5sento Coffee or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Sites and Content may include software components provided by 5sento Coffee or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
7. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Sites by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe that anything on the Sites infringes any copyright that you own or control, you may file a notification of such infringement with our designated agent as set forth below:
Name of Designated Agent:
Address: 9590 NW 40th Street Rd Doral FL 33178
“5sento Coffee,” the 5sento Coffee logo and any other 5sento Coffee Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of 5sento Coffee and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “5sento Coffee” or any other name, trademark or Product or service name of 5sento Coffee without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of 5sento Coffee and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by 5sento Coffee.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray 5sento Coffee or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a 5sento Coffee logo or other proprietary graphic of 5sento Coffee to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any 5sento Coffee trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.
5sento Coffee makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
10. Third Party Content
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that 5sento Coffee is not responsible or liable in any manner for such interactions or Third Party Content.
11. User Conduct
You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites. You agree that you will abide by these Terms and will not:
- – Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- – Use or attempt to use another user’s account without authorization from such user and 5sento Coffee;
- – Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- – Reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Content, area or code of the Sites;
- – Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Sites that you are not authorized to access;
- – Develop any third party applications that interact with User Content or the Sites without our prior written consent;
- – Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Sites, extract data or otherwise interfere with or modify the rendering of Site pages or functionality;
- – Bypass or ignore instructions contained in the robots.txt file, accessible at www.5sento.coffee/robots.txt, that controls all automated access to the Sites; or
- – Use the Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
12. User Content
The Sites may include interactive features and areas that allow users to create, post, share or store content, including, but not limited to, recipes, reviews, photos, videos, music, sound, text, graphics, code, items or other materials (collectively, “User Content”). In the event you decide to share your User Content with others through the Sites or third party platforms, you understand that this User Content will be viewable by others in accordance with the privacy settings you establish. You agree that you are solely responsible for your User Content and for your use of any interactive features and areas of the Sites.
By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:
- – User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- – User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- – User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- – User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- – User Content that impersonates, or misrepresents your affiliation with, any person or entity;
- – User Content that references or depicts 5sento Coffee or our Products but fails to disclose a material connection to us, if you have one (for example, if you are a 5sento Coffee employee or paid blogger);
- – User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
- – User Content that contains any private or personal information of a third party without such third party’s consent;
- – User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
- – User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- – User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Products, or that may expose 5sento Coffee or others to any harm or liability of any type.
We are not responsible or liable for any User Content. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
13. Rights in User Content
We do not claim any ownership interest in your User Content. However, by uploading, posting or submitting User Content to the Sites or to our pages or feeds on third party social media platforms (e.g., 5sento Coffee’s Facebook page, Instagram, LinkedIn page or Twitter feed), you hereby grant 5sento Coffee a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, and your name, likeness, voice and persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.
By uploading, posting or submitting User Content to 5sento Coffee through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) such User Content is nonconfidential, (b) you own and control all of the rights to the User Content or you otherwise have all necessary rights to post such User Content, (c) you authorize 5sento Coffee to use such ser Content for the purposes described in these Terms, (d) the User Content is accurate and not misleading or harmful in any manner, and (e) the User Content, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third party right.
Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about 5sento Coffee, the Sites or the Products (collectively, “Feedback”). Feedback is nonconfidential and shall become the sole property of 5sento Coffee. 5sento Coffee shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless 5sento Coffee, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “5sento Coffee Parties”), from and against all actual or alleged 5sento Coffee Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify 5sento Coffee of any third party Claims and cooperate with the 5sento Coffee Parties in defending such Claims. You further agree that the 5sento Coffee Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and 5sento Coffee.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, PREPARATION, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN OUR PRODUCTS AND PRODUCTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS).
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. 5sento Coffee DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS.
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
17. Limitation of Liability; Release
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 5sento Coffee OR ANY OF THE OTHER 5sento Coffee PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM 5sento Coffee, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, 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 5sento Coffee’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF 5sento Coffee AND THE OTHER 5sento Coffee PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM 5sento Coffee EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF COFFEE, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE 5sento Coffee AND THE OTHER 5sento Coffee PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE 5sento Coffee AND THE OTHER 5sento Coffee PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH 5sento Coffee PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.
18. Modifications to the Sites and Products
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.
19. Dispute Resolution; Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH 5sento Coffee AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
19.1. Binding Arbitration
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and 5sento Coffee agree (a) to waive your and 5sento Coffee’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Products, resolved in a court, and (b) to waive your and 5sento Coffee’s respective rights to a jury trial. Instead, you and 5sento Coffee agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).
19.2. No Class Arbitrations, Class Actions or Representative Actions
You and 5sento Coffee agree that any Dispute arising out of or related to these Terms or the Sites, Content or Products is personal to you and 5sento Coffee and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and 5sento Coffee agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and 5sento Coffee agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
19.3. Federal Arbitration Act
You and 5sento Coffee agree that these Terms affect interstate commerce and that the enforceability of this Section 18 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (The “FAA”), to the maximum extent permitted by applicable law.
19.4. Notice; Informal Dispute Resolution
You and 5sento Coffee agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to 5sento Coffee shall be sent by certified mail or courier to 5sento Coffee, Inc., Attn: Legal Department, 9590 NW 40th Street Rd Doral FL 33178. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your 5sento Coffee account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 3 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and 5sento Coffee cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or 5sento Coffee may, as appropriate and in accordance with this Section 19, commence an arbitration proceeding or, to the extent specifically provided for in Section 19.1, file a claim in court.
Except for Disputes arising out of or related to a violation of Section 10 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and 5sento Coffee agree that any Dispute must be commenced or filed by you or 5sento Coffee within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and 5sento Coffee will no longer have the right to assert such claim regarding the Dispute). You and 5sento Coffee agree that (a) any arbitration will occur in the State of Florida, County of Miami Dade, Borough of Miami (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Florida County of Miami Dade, Borough of Miami and the United States, respectively, sitting in the State of Florida , County of Miami Dade, Borough of Miami, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
19.6. Authority of Arbitrator
As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
19.7. Rules of JAMS
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
If any term, clause or provision of this Section 18 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 18 will remain valid and enforceable. Further, the waivers set forth in Section 18.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.
19.9. Opt-Out Right
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by writing to: G&G US Business Trading LLC, Attn: Legal Department, 9590 NW 40th Street Rd Doral FL 33178. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
20. Governing Law and Venue
These Terms, your access to and use of the Sites and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to conflict of law rules or principles (whether of the State of Florida or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Florida and the United States, respectively, sitting in the State of State of Florida, County of Miami Dade, Borough of Miami.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your 5sento Coffee account: all defined terms and Sections 1, 3, 4, 5 (first paragraph only), 6, 7, 8 (second paragraph only), 9 through 23.
These Terms constitute the entire agreement between you and 5sento Coffee relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of 5sento Coffee. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and 5sento Coffee’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.