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Terms and Conditions of Use

Welcome to www.mauicoffee.com. www.mauicoffee.com and its affiliates provide their services to you subject to the following Terms and conditions. If you visit or shop at www.mauicoffee.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future mauicoffee.com services (e.g., Your Profile, Gift Certificates) you also will be subject to the guidelines, terms and agreements ("Terms") applicable to such service. If these conditions are inconsistent with such Terms, the Terms will control.

PRIVACY POLICY

www.mauicoffee.com collects your Name, Address and other pertinent information to properly process your orders and provide the services you have requested. The information you provide to us is not shared with or sold to any entity, other than the processors of the payment you have made for your purchases on www.mauicoffee.com

ELECTRONIC COMMUNICATIONS

When you visit www.mauicoffee.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of mauicoffee.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of mauicoffee.com and protected by U.S. and international copyright laws. All software used on this site is the property of mauicoffee.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

WWW.MAUICOFFEE.COM, www.mauicoffee.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of THE COFFEE STORE of Maui, HI in the U.S. and/or other countries. THE COFFEE STORE of Maui, HI trademarks and trade dress may not be used in connection with any product or service that is not THE COFFEE STORE's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THE COFFEE STORE. All other trademarks not owned by THE COFFEE STORE that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by THE COFFEE STORE of Maui, HI.

LICENSE AND SITE ACCESS

Mauicoffee.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mauicoffee.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of THE COFFEE STORE of Maui, HI. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.mauicoffee.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mauicoffee.com's name or trademarks without the express written consent of Mauicoffee.com. Any unauthorized use terminates the permission or license granted by Mauicoffee.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Www.mauicoffee.com so long as the link does not portray Mauicoffee.com, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mauicoffee.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Mauicoffee.com does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use Www.mauicoffee.com only with involvement of a parent or guardian. Mauicoffee.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Mauicoffee.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Mauicoffee.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mauicoffee.com and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mauicoffee.com for all claims resulting from content you supply. Mauicoffee.com has the right but not the obligation to monitor and edit or remove any activity or content. Mauicoffee.com takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Mauicoffee.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us by calling 808-573-2020.

RISK OF LOSS

All items purchased from Mauicoffee.com are made pursuant to a shipment contract. We will accept complete responsibility, and will replace and reship FREE of any additional charges to you any order lost or misplaced that was shipped following our regular shipping procedures that require a signature at the time of delivery of the shipment to you. You may request to remove the "recipient signature" requirement (in writing or verbally) from any and all shipments made to you. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Please Note: USPS is the least expensive Shipping Option. However, USPS DOES NOT guarantee delivery of your package by any certain date. It only provides Estimated delivery guideline(3 to 7 days for shipments from Hawaii to US Mainland). We CAN NOT accept responsibility for packages lost or damaged by USPS, because USPS does NOT accept insurance claims until after 30 days from the date of Shipment.

FedEx Guarantees 2nd Day delivery of your package from Hawaii to most US mainland destinations (some exceptions may apply). We will Refund or Replace and Re-Ship lost or damaged packages handled by FedEx at no extra cost to you, pursuant to the RISK OF LOSS close stated above. FedEx is our preferred default Shipping Option.

PRODUCTS, DESCRIPTIONS and REFUNDS

Mauicoffee.com attempts to be as accurate as possible. However, Mauicoffee.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mauicoffee.com itself is not as described, your sole remedy is to return it in unused condition.
Only unused and unopened PRODUCT items are subject to refunds under our refund Policy and Procedures. Only Returns made with proper Return Authorization (RA), will be considered valid, and will be subject to Refund in accordance with our refund Policy and Procedures. Obtaining a RA does not automatically guarantee the issuance of a refund; it merely serves as a pre-condition for returning the unused and unopened products. Only the cost of certain products are subject to refund under our refund Policy and Procedures. Such items as Custom Roasted and/or Custom Flavored and/or Custom Ground coffee are not subject to Refunds under any condition unless the item(s) were delivered to you damaged or faulty. The shipping costs are NOT refundable.

If you placed your order in error and wish to change or cancel your order you MUST contact us by calling TOLL FREE 1-800-327-9661 from anywhere in the USA or 1-808-573-2020 from other countries and state your request. Your change/cancellation requests must be done as soon as possible, but no later than 24 hours after you placed your initial order. Changes/Cancellations requested after the 24 hour period will not be accepted, if the order(s) were already shipped out. You may, if you wish to duplicate your request in the e-mail. However, e-mail alone is NOT a valid form for change/cancellation requests, since its delivery may be delayed or it may be deleted or lost.

If you supply us with the incorrect shipping address and we have to resend the products we will charge your credit card to cover the additional costs associated with resending your order. Mauicoffee.com will NOT accept responsibility for the lost merchandise or any other losses, when the Shipping Address provided by the purchaser was incorrect. It is the sole responsibility of the purchaser to trace, locate and retrieve packages that were sent to the incorrect address provided by the purchaser.

Please note that your purchases using Mauicoffee.com are charged to your credit card at the time you place your order. All change/cancellation requests resulting in additional debit or credit will be posted accordingly to your credit card on record.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY MAUICOFFEE.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAUICOFFEE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAUICOFFEE.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAUICOFFEE.COM DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM MAUICOFFEE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAUICOFFEE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting www.mauicoffee.com, you agree that the laws of the state of Hawaii, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mauicoffee.com.

DISPUTES

Any dispute relating in any way to your visit to Www.mauicoffee.com or to products or services sold or distributed by Mauicoffee.com or through www.mauicoffee.com in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $500 shall be adjudicated in any state or federal court in Maui County, Hawaii and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to www.mauicoffee.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS:

THE COFFEE STORE at
www.mauicoffee.com
2120 Lilikoi Road, Haiku, HI, 96708
USA

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