Privacy Policy

THE WHOLE COFFEE COMPANY LLC PRIVACY POLICY

The Whole Coffee Company LLC (previously known as Tierra Nueva Fine Cocoa, LLC ) (“TWCC,” “Company” or “we”) is concerned about issues as it pertains to privacy and want you to be familiar with how we collect, use and disclose information. This Privacy Policy (“Policy”) describes our practices in connection with information that we collect from visitors to our Sites (as defined below)through activities that link to this Policy including websites (our “Websites”) and any mobile sites, applications, widgets, and other mobile interactive features (collectively, our “Apps”), through other services that we may offer in connections with our Websites and Apps, such as rewards programs, through our official social media pages that we control (our “Social Media Pages”), as well as through HTML-formatted email messages that we send to you (collectively, including the Social Media Pages, Apps and Websites, the “Sites”). By providing Personal Information to us, you agree to the terms and conditions of the Policy.

 

PERSONAL INFORMATION

Personal Information We May Collect

Personal Information” is information that identifies you as an individual, such as:

  • Name
  • User name
  • Postal address (including both billing and shipping addresses)
  • Telephone number (including both home and mobile phone numbers)
  • Email address
  • Credit and debit card number
  • Profile picture
  • Social media account ID
  • Country of residence

 

In some cases, we may use a third party to perform services for us. In these cases, your Personal Information may be collected by this third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, this third party’s use or disclosure of your Personal Information.

If you submit any Personal Information relating to other people to us or to our service providers in connection with the Sites, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

 

How We Collect Personal Information

We and our service providers may collect Personal Information in a variety of ways, including:

  • Through the Sites: We may collect Personal Information through the Sites, e.g., when you ask our customer service team to support you
  • Offline: We may collect Personal Information from you offline, such as when you contact customer service.
  • Online tracking: Because we do not track our Sites users over time and across third- party websites, we do not respond to browser do-not-track signals.
  • From Other Sources: We may receive your Personal Information from other sources, such as public databases; joint marketing partners and other third parties providing services to us. To the extent permitted by applicable law, the Personal Information you provide through the Sites may be combined with Personal Information and Other Information that you provide to us (via online or offline means), that is publicly available, or that we may otherwise obtain online or offline, including, for example, from providers of demographic and other information, social media platforms and other third parties.

 

How We May Use Personal Information

To the extent permitted by applicable law, we may use Personal Information:

  • to respond to your inquiries and fulfill your requests, such as to send you newsletters or to respond to your questions and comments.
  • to send administrative information to you, for example, information regarding the Sites and changes to our terms, conditions, and policies. Because this information may be important to your use of the Sites, you may not opt-out of receiving these communications.
  • to provide you with updates and announcements concerning our products, promotions and programs and to send you invitations to participate in special programs.
  • to re-contact you if we have not heard from you in a while.
  • to send you advertising/promotional material from our promotional and strategic partners that we reasonably believe will be of interest to you.
  • to personalize your experience on the Sites by presenting products and offers tailored to you.
  • to allow you to participate in polls, sweepstakes, instant win promotions, contests and other promotions and to administer these activities. Some of these activities could have additional rules, which could contain additional information about how we use and disclose your Personal Information, so it is important that you read those additional rules carefully.
  • for our business purposes, such as analyzing and managing our businesses, market research, audits, developing new products, enhancing our Sites, improving our services and products, identifying usage trends, determining the effectiveness of our promotional campaigns, tailoring the Sites experience and content based on your past activities on the Sites, and gauging customer satisfaction and providing customer service (including troubleshooting in connection with customer issues).
  • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

 

How Personal Information May Be Disclosed

To the extent permitted by applicable law, your Personal Information may be disclosed:

  • to our third-party service providers who provide services such as website hosting, data analysis, infrastructure provision, IT services, customer service, email delivery services, auditing services and other services, to enable them to provide services.
  • to our third-party strategic partners with whom we may enter into a special relationship. We will provide you with choices regarding this sharing prior to sharing your Personal Information with a particular strategic partner. Because these third parties will use your Personal Information in accordance with their own privacy practices, you should check their websites for information regarding their privacy practices.
  • to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
  • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

OTHER INFORMATION

Other Information We May Collect

Other Information” is any information that does not reveal your specific identity, such as:

  • Browser and device information
  • Server log file information
  • Information collected through cookies, pixel tags and other technologies
  • App usage data
  • Demographic information and other information provided by you
  • Location information
  • Aggregated information

We may use and disclose Other Information for the above purposes, except where we are prevented from doing so under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then, in addition to the uses listed in the “How We May Collect Other Information” section below, we may use and disclose Other Information for all the purposes for which we use and disclose Personal Information.

 

 

How We May Collect Other Information

We and our third-party service providers may collect Other Information in a variety of ways, including:

 

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, service provider, and the name and version of the Sites (such as the App) you are using. We use this information for statistical purposes as well as to ensure that the Sites function properly.
  • Through server log files: Your “IP Address” is a number that is automatically assigned to the computer or device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user visits the Sites, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many websites. We use IP Addresses for purposes such as calculating Sites usage levels, helping diagnose server problems, and administering the Sites. Please note that we treat IP Addresses, server log files and related information as Other Information, except where we are required to do otherwise under applicable law.
  • Using cookies: Cookies allow a web server to transfer data to a computer or device for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the Sites. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/.
  • Using pixel tags, web beacons, clear GIFs or other similar technologies: These may be used in connection with some Sites pages and HTML-formatted email messages to, among other things, track the actions of Sites users and email recipients, measure the success of our marketing campaigns and compile statistics about Sites usage and response rates.
  • From you: Information, such as date of birth, gender, personal characteristics, hobbies and interests, consumption habits, zip code and your preferred means of communication, may be collected when you voluntarily provide it. Unless combined with Personal Information, this information does not personally identify you or any other user of the Sites.
  • Physical Location: We may collect the physical location of your device by, for example, using satellite, cell phone tower or Wi-Fi signals. We may use your device’s physical location to provide you with personalized location-based services and content, including advertising. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content, including advertising and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you choose to deny such uses and/or sharing, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
  • By aggregating information: Aggregated Personal Information does not personally identify you or any other user of the Sites (for example, we may use Personal Information to calculate the percentage of our users who have a particular telephone area code).
  • From your camera: The Sites may develop functionality that permits you to use live video streams from your device camera, if you have affirmatively activated the camera for use with the Sites. We and our service providers do not collect, capture, or record the video-stream information or any information about faces in the video stream—the information stays on your device and is removed when you turn off the browser or app. However, we and our service providers may collect other information about how you use the functionality, such as how often and how long you use it.

 

In some instances, we may combine Other Information with Personal Information (such as combining your name with your zip code). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

 

THIRD PARTY SITES

In general, TWCC does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide the products or services you have requested, or as required by law, or for our legitimate business purposes as follows:

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which these Sites contain a link. The inclusion of a link on the Sites does not imply endorsement of the linked site by us or by our affiliates.

This Privacy Policy does not govern any e-commerce websites to which the Site may contain a link, unless such a website contains a link to this Privacy Policy. Any Personal Information that you provide through the e-commerce website will be subject to the privacy policy of the e-commerce site, and not this Privacy Policy. We have no control over, and shall not be responsible for, the use of information collected through the e-commerce site.

Additionally, we may provide you with access to third-party functionality that permits you to post content to your social media account(s). Please note that any information that you provide through use of this functionality is governed by the applicable third party’s privacy policy, and not by this Privacy Policy. We have no control over, and shall not be responsible for, any third party’s use of information that you provide through use of this functionality.

We are also not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including in connection with any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

 

THIRD PARTY ADVERTISING-RELATED VENDORS

Please note that our online and email advertising-related vendors may use pixel tags, web beacons, clear GIFs or other similar technologies in connection with the Sites to help manage our online and email advertising campaigns and strengthen the effectiveness of such campaigns. For example, if a vendor has placed a unique cookie on your computer, the vendor may use pixel tags, web beacons, clear GIFs or other similar technologies to recognize the cookie during your visit to the Sites and to learn which of our online advertisements may have brought you to our Sites, and the vendor may provide us with such Other Information for our use. Please note we may link such Other Information provided to us by our vendors to Personal Information about you that we have previously collected. Such combined information will be treated as Personal Information hereunder as long as it is so combined.

We may use third-party advertising companies to target advertisements to you on our Sites, across the web, on your mobile device and on any of your other devices, based on the Personal and Other Information we have collected from and about you, as well as information relating to your and other users’ visits to this and other websites and online services. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags) or recognize an identifier associated with your mobile device. These companies may also use these technologies, along with Personal Information and Other Information they or we collect on the different devices you use, to recognize you across the devices you use, such as a mobile device and a laptop or other computer. If you would like more information about these practices, go to www.aboutads.info. To learn about your choices in connection with these practices on the particular device on which you are accessing this policy, please visit http://www.networkadvertising.org/managing/opt_out.asp and http://www.aboutads.info/ to opt out in desktop and mobile web browsers. You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps. You may also click on the informational icon contained within each interest-based ad.

SECURITY

We use reasonable organizational, technical and administrative measures to protect Personal Information under our control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below (note that physical mail notification will delay the time it takes for us to respond to the problem).

 

CHOICES AND ACCESS

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes.

  • If at any time you wish to stop receiving phone, mail, SMS, and email marketing communications from us, please just let us know by emailing, calling or writing to us using the contact information listed below in the “Contacting Us” section or by using the unsubscribe feature in the marketing email you received. In your request, please indicate that you wish to stop receiving email marketing communications from us.
  • In addition, we will not disclose your Personal Information to third parties for the third party's direct marketing purposes if we have received and processed a request from you that your Personal Information not be shared with third parties for that purpose. If you would like to submit such a request, please just let us know by emailing, calling or writing to us using the contact information listed below in the “Contacting Us” section. Please clearly indicate that you request that TWCC not disclose your Personal Information to other third parties for their direct marketing purposes.

Please note that changes may not be effective immediately. We will endeavor to comply with your request(s) as soon as reasonably practicable. Please also note that if you do opt-out of receiving marketing-related messages from us, we may still send you important administrative messages, and you cannot opt-out from receiving administrative messages.

 

How you can access, change or suppress your Personal Information

To review, correct, update, suppress, delete or otherwise limit our use of your Personal Information that has been previously provided to us, please email, call or write to us using the contact information listed below in the “Contacting Us” section and clearly describe your request.

In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. Note that despite our efforts, there may be residual information that will remain within our databases and other records, which will not be removed or changed. Further, please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion).

If you are a resident of the European Union or a U.S. state that provides you with a right to object to processing of your personal information, you may object to our using your personal information for the above purposes at any time by contacting support@wholecoffee.co. If you do so, we will cease using your personal information for the above purposes (i.e., under a legitimate interest set out above) and remove it from its systems unless such personal information is permitted to be used by us for another purpose set out in this Privacy Policy or we determine and demonstrate a compelling legitimate interest to continue in processing your personal information. See “Contacting Us.”

 

RETENTION PERIOD

We will retain your personal information only for as long as is necessary for the purposes set out in this Policy, or as required or permitted by law, and then will delete it as required by law. For example, we will retain your information as long as required to comply with applicable tax/revenue laws, cybersecurity and privacy laws, laws and regulations that affect the conduct of our business; to resolve disputes, enforce our agreements, cooperate with law enforcement requests or to meet other legal obligations. We may also retain log files for internal analysis purposes, though we would retain them for only a brief period except in cases where we are legally required to retain them for longer periods, and in cases where they are used for site safety and security or to improve website functionality.

 

USE OF SITES BY MINORS

Tierra Nueva complies with the Children's Online Privacy Protection Act, which requires the consent of a parent or guardian for the collection of personally identifiable information from children under 13 years of age. We do not knowingly collect, use or disclose personal information from children under 13, or equivalent minimum age in the relevant jurisdiction, without verifiable parental consent. However, it is possible that we may inadvertently receive information pertaining to children under 13. If you believe that we have received information about your child that is under the age of 13, please do not hesitate to notify us at hello@eatnudge.com. When we receive your notification, we will obtain your consent to retain the information or will delete it permanently.

 

CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or service providers, and by using our Sites you consent to the transfer of information to countries outside of your country of residence, including the United States, which may provide for different data protection rules than in your country.

 

SENSITIVE INFORMATION

we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health or medical condition, criminal background or trade union membership) on or through the Sites or otherwise to us.

 

UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy. Please take a look at the “Last Updated” legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on a Site. Your use of the Sites following these changes means that you accept the revised Privacy Policy.

 

CONTACTING US

If you have any questions about this Privacy Policy, please contact us as follows:

  1. You may email us at: hello@eatnudge.com
  2. You may call us at 1 800-255-6861
  3. You may send mail to the following postal mail address:

 

Attn: Website Privacy Policy
Industry and Consumer Affairs
THE WHOLE COFFEE COMPANY LLC
1130 NW 159th Drive
Miami, FL 33169
USA

 

Please note that email communications are not always secure; so please do not include credit card information other sensitive personal information in your emails to us.

 

Terms of Use


Last Updated: December 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCESS TO OR USE OF THE SITE (AS DEFINED BELOW) CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF USE THEN IN EFFECT.

 

  1. Acceptance of Terms of Use. Your access to and use of any site owned or controlled by The Whole Coffee Company LLC ( previously known as Tierra Nueva Fine Cocoa, LLC) (“TWCC,” ”Company”, ”we” or ”us”) and which links to these Terms (as defined below), together with any successor site(s), and including the Content, Services and Software (each as defined below) accessible in connection with such site (collectively, the “Site”) are governed by the terms of use set forth herein (the “Terms of Use” or ”Terms”'). By accessing or using the Site, you accept, without limitation or qualification, these Terms of Use, and acknowledge that any other agreements between you and Company are superseded with respect to this subject matter. If you do not agree to accept these Terms of Use without limitation or qualification, please exit the Site and cease all access to and use of the Site. These Terms govern your access to and use of the Site regardless of how you access the Site – e.g., whether through the Internet, through Wireless Access Protocol (commonly referred to as “WAP”), through a mobile network or otherwise.

    BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

 

  1. Rules of Conduct. While accessing or using the Site, you are required to comply with all applicable laws, rules and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your access to and use of the Site is conditioned on your compliance with these Terms of Use, including the rules of conduct set forth in this section.

    You agree not to:
  • Use the Site to harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Site.
  • Impersonate any person or entity, including without limitation any Site moderator or any representative of Company or an Affiliated Entity (as defined below); falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  • Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.
  • Restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site.
  • Use the Site to advertise or offer to sell or buy any goods or services for any business purpose, without Company's express prior written consent.
  • Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
  • Remove any copyright, trademark or other proprietary rights notice from the Site or from materials originating from the Site.
  • Frame or mirror any part of the Site or any Software or Service without Company's express prior written consent.
  • Create a database by systematically downloading and storing content from any Site.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, 'scrape,' 'data mine' or in any way gather content from any Site or reproduce or circumvent the navigational structure or presentation of the Site. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site's root directory, Company grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials, but not caches or archives of such materials. Company reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
  1. Changes. We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.


    Your use of the Site following any changes to these Terms will constitute your acceptance of such changes. The “LAST UPDATED”' legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. You agree that neither we nor any parent, subsidiaries, sponsors, or affiliated companies (collectively, ”Affiliated Entities”') shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any Service, Software, Content, feature or product offered through or in connection with the Site
  2. Description of the Services and Software. We may provide users of the Site with access to certain specialized content and services, including without limitation games, quizzes, activities, challenges, services, social media and blogging capabilities (such content and services, collectively, the 'Services'). We may also make available to users of the Site a variety of software tools that can be used to interact with other Site users (the 'Software').When accessing or using any Services or Software, you agree that you are subject to any additional guidelines, rules, terms and conditions posted by us and applicable to such Services or Software, which rules, terms and conditions are hereby incorporated by reference into these Terms. In addition, you agree that you are subject to any third party's guidelines, rules, terms and conditions applicable to the posting of Off-Site Submissions and Off-Site Creations (each as defined below).
  3. Information Submitted Through or in Connection with the Site. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise, will be used by TWCC in accordance with the Site's Privacy Policy, located at TWCC link to Privacy policy. Any other communication or material you transmit to the Site, either directly or indirectly (for example, through the use on a third-party social media site of a Company-designated hashtag), including Submissions, Creations and the like, will be treated as non-confidential and non-proprietary. For purposes of clarity, you acknowledge that any information in a Submission or Creation is public information and will be treated as such. You represent and warrant that any information you provide in connection with your access to or use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, or not in compliance with the Terms of Use, we may terminate your use of the Site.
  4. Registration; User Names and Passwords. You may be required to register with Company and to agree to certain additional rules or other terms and conditions in order to access certain Services, Software, and areas of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Company, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your account on the Site.
  5. Feedback. If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Company under any fiduciary or other obligation.
  6. Company's Proprietary Rights. The Services and Software, and all of the content made available through the Site, including, but not limited to, all text and images (”Content”), and all software used to make the Site available are and shall remain the property of Company and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. From time to time Company may permit you to download and view one (1) copy of selected Content and Software on the Site to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these Terms, and solely for so long as you are permitted by Company to access and use the Site and provided that you keep intact all copyright and other proprietary notices. Except as otherwise expressly authorized here and otherwise in writing in advance by Company, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Services or Software, all or any part of the Site, or any Content made available through the Site. Certain Software may be governed by an additional end user license agreement or 'EULA' to which you may be required to agree before using such Software.

    Any content that is a trademark, logo, or service mark is also a registered or unregistered trademark of TWCC or others. Your use of any Content, except as provided in these Terms of Use, without the written permission of the Content owner is strictly prohibited. The trade names, trademarks and service marks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company's. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Company's trade names, trademarks or service marks without our express prior written consent. Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
  7. Third Party Web Sites; Links. The Site may provide links to other web sites and online resources. Because Company has no control over such sites and resources, you acknowledge and agree that neither Company nor the Affiliated Entities are responsible for the availability of such external sites or resources, or endorse or are responsible or liable for any content, advertising, products or other materials on or available through, or any purchases or other transactions made through, such sites or resources.

    It is possible that other web sites will provide links to the Site with or without our authorization. You acknowledge and agree that Company and the Affiliated Entities do not endorse such sites, and are and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

    YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES..

    Company shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice
  8. Limitations of Liability and Disclaimer of Warranties. THE SITE AND ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING WITHOUT LIMITATION THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED BY US ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY SOFTWARE, SERVICES, PRODUCTS OR MATERIALS (INCLUDING THIRD PARTY PRODUCTS AND SERVICES, AND SUBMISSIONS AND CREATIONS) AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE.

    Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

    While Company tries to maintain the integrity and security of the Site and the servers from which the Site is operated, Company does not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with these Terms.
  9. Indemnity. You agree to defend, indemnify and hold harmless Company and the Affiliated Entities, and their respective directors, officers, employees, agents, shareholders, licensors, parent companies and representatives, from and against all claims, losses, costs and expenses (including without limitation attorneys’ fees) arising out of (a) your use of, or activities in connection with, the Site, the Services, or the Software; (b) any violation of these Terms by you or through your account; or (c) any allegation that any materials that you make available or create through or in connection with the Site, the Services, or the Software infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
  10. Termination. These Terms of Use are effective until terminated by Company. Company may terminate your access to or use of the Site if we believe that you have violated or acted inconsistently with these Terms. Upon any such termination, your right to access and use the Site, Services and Software will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that Company may immediately deactivate or delete your user name and password, and all related information and files associated with it and/or bar any further access to such information or files. You agree that neither Company nor any Affiliated Entity will be liable to you or any third party for any termination of your access to the Site or to any such information or files or will be required to make such information or files available to you after any such termination.
  11. Jurisdictional Issues. The Site is controlled and operated by Company from the United States and is not intended to subject Company or any Affiliated Entity to the laws or jurisdiction of any territory other than that of the United States. Company does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The Software is further subject to United States export controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a 'terrorist supporting' country; or (b) on any of the U.S. government lists of restricted end users.
  12. Miscellaneous. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Company. These Terms and your use of the Site are governed by the laws of the State of Florida, U.S.A., without regard to its choice of law provisions. You agree that (i) any and all disputes, claims, and causes of action arising out of or connected with your use of the Site shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association, in Miami-Dade County, Florida; (ii) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased. However, issues or questions arising out of your participation in a promotion governed by specific rules that provide for the application of the laws of another jurisdiction shall be governed by the law of the jurisdiction stated in those rules. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Company may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms or any or all of your rights or obligations under these Terms without Company's express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms, together with all policies or rules referred to herein, is the entire agreement between you and Company relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in Company 's discretion. The Site may also provide notices of changes to these Terms or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Company will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
  13. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from Common Sense (https://www.commonsensemedia.org) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services identified on such sites.
  14. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to support@wholecoffee.co. You may also contact us by writing to The Whole Coffee Company LLC, 1130 NW 159th Drive, Miami, FL 33169, or by calling us at 1 800-255-6861. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
  15. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the ”DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice by mail, e-mail or fax, requesting that Company remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices can be sent by mail, email or facsimile to Tom Ferguson, whose contact information is as follows:

Tom Ferguson
Chief Executive Officer
The Whole Coffee Company LLC
1130 NW 159th Drive
Miami, FL 33169
Phone: 786-364-4444
Fax: 305-622-8618
Email: tom@wholecoffee.co

We suggest that you consult your legal advisor before filing a notice or counter notice. Please be aware that there are penalties for false claims under the DMCA.