Terms of Service

Welcome to JoJo Java. We at Jojo Java hope you find our services, website, and most of all our coffee, enjoyable. As a condition to and in consideration of your access and use of the JoJo Java website and its services and features, you the “User” agrees to be bound by these Terms of Service, hereafter referred to as “TOS” and the JoJo Java Privacy Policy. The TOS constitute an agreement which is entered into by and between JoJo Java and any individual, corporation, association, agency, company, or other entity who accesses or uses the JoJo Java website and/or its Services, hereafter referred to as "User" or "you". If User is accessing or using the JoJo Java website on behalf of a business, User represent and warrant to JoJo Java that User has authority to accept the TOS on behalf of that business and that that business agrees to be bound by the TOS. Use of or access to the JoJo Java website shall constitute acceptance of and agreement to be bound by the TOS. IF YOU DO NOT WISH TO BE BOUND BY THE TOS, DO NOT ACCESS JOJO JAVA. JoJo Java may modify the TOS at any time in its sole discretion. User is responsible for periodically checking for changes and is bound by any changes should User choose to continue to use JoJo Java and/or its Services.

Our Privacy Policy and all other policies, site rules, and agreements referenced herein are fully incorporated into the TOS, which the User hereby agrees to as a condition of use.

Use of Website: JoJo Java authorizes User to view or download the files, documents, text, photographs, images, audio, video, and any other materials accessed through or made available for use or download through the JoJo Java website (collectively, “Content”) solely for User’s personal, noncommercial use. User may not copy, distribute, modify, create derivative works of, reproduce, publish or use, in whole or in part, any Content for any commercial or other purposes except as explicitly authorized by the TOS. User may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any content from the JoJo Java website, unless expressly authorized by JoJo Java.

User’s Access to JoJo Java: User is responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the internet and access the JoJo Java website and are responsible for all internet access charges, telephone charges or other fees or charges incurred in connecting to the internet and accessing the JoJo Java website.

User Conduct: User agrees to access and use the JoJo Java website and/or services only for lawful purposes. User is  solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) User’s use of the JoJo Java website and services, (ii) the use of any networks or other services connected to the JoJo Java website, and (iii) the communications means by which User connect Users modem, computer, or other equipment to the JoJo Java website and services. User acknowledges that User is solely responsible for the substance of User’s uploads, posts, comments, ideas, suggestions, feedback, information, files, videos, images, audio files, or other materials to the JoJo Java website (“User Generated Content”). By accessing the JoJo Java website, User agrees that not to:

(a) restrict or inhibit any other user from using and enjoying JoJo Java and/or its services;

(b) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;

(c) post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder

(d) post or transmit any information, software or other material which contains a virus or other harmful component;

(e) alter, damage or delete any content or other communications that created and posted by User or to otherwise interfere with the ability of others to access the JoJo Java website and/or its services;

(f) claim a relationship with or to speak on behalf of any business, association, institution or other organization for which User is not authorized to do so;

(g) not to copy and/or collect any content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent:

(h) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available any application programming interface ("API");

(i) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the API, any website code, or any software used to provide the JoJo Java website and/or its services;

(j) use the JoJo Java website and/or its services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.

Right to Regulate: JoJo Java retains the right to regulate access to and use the JoJo Java website and/or its services in its sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or termination of access/license/account. User agrees not to bypass any such regulation. User further agrees that JoJo Java is not liable for regulating or not regulating, and no action and/or inaction by JoJo Java shall constitute a waiver of the right of JoJo Java to regulate.

Disclaimer & Liability: To the full extent permitted by law, JoJo Java, and its officers, directors, employees, agents, licensors and successors in interest (collectively “JoJo Java”) (1) make no promises, warranties, or representations as to the JoJo Java website and/or its services, including its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) provide the JoJo Java website and/or its services on an "AS IS" and "AS AVAILABLE" basis and any risk of using the JoJo Java website and/or its services is assumed by User; (3) disclaim all warranties, express or implied, including as to accuracy, merchantability, fitness for a particular purpose, and non-infringement, and all warranties arising from course of dealing, usage, or trade practice; and (4) disclaim any liability or responsibility for acts, omissions, or conduct of User or any third -party in connection with the JoJo Java website and/or its services. JoJo Java shall NOT be liable for any direct, indirect, consequential, incidental, special, punitive, or other losses, including lost profits, revenues, data, goodwill, etc., arising from or related to the JoJo Java website and/or its services, and in no event shall such liability exceed $100. Some jurisdictions restrict or alter these disclaimers and limits, so some may not apply to certain Users.

Third Party Websites and Information: The JoJo Java website may link you to other websites on the Internet or otherwise include references to information and/or services provided by other parties. These other websites are not under the control of JoJo Java and User acknowledges that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor are we responsible for errors or omissions in any references to their products and/or services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by JoJo Java.

Indemnification: Upon a request by JoJo java, User agrees to defend, indemnify, and hold harmless JoJo Java, and its officers, directors, employees, agents, licensors and successors in interest (collectively “JoJo Java”), from all liabilities, claims, and expenses, including attorneys’ fees, that arise from User’s use or misuse of the JoJo Java website and/or its services. JoJo Java reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User agrees to cooperate with JoJo Java in asserting any available defenses.

Order Cancellation and Refund Policy: JoJo Java will refund and allow cancellation of orders up to seven (7) days from the date of order.

Product Backorders: JoJo Java work to ensure that items which are out-of-stock are shown as such on the JoJo Java website. As soon as JoJo Java learns of the backorder status of any product, we will give you a choice between a full immediate refund and a delayed shipment.

Risk of Loss: Items purchased from the JoJo Java website which are subject to physical delivery are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon delivery to the carrier

Gift Cards, Vouchers: JoJo Java gift cards purchased through the JoJo Java website have no fees and they never expire. JoJo Java gift cards must be redeemed through the JoJo Java website. Gift cards are not redeemable for cash and cannot be returned for a refund. If User’s order exceeds the amount of User’s gift cards, User must pay for the balance with a credit card. JoJo Java gift cards and their use are subject to these TOS. Our determination of the value remaining on a gift card is final. JoJo Java is not responsible for lost or stolen gift cards.

Choice of Law and Forum: These TOS shall be governed by the laws of the United States and the State of Michigan, without regard to its conflict of law provisions. User agree that any cause of action that may arise under these TOS shall be commenced and be heard in the appropriate court in the State of Michigan, County of Kent, and further agrees to submit to the personal and exclusive jurisdiction of the courts located in the County of Kent, in the State of Michigan. User agrees and waives all respective rights to trial by jury. It is acknowledged and agreed that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the JoJo Java website and/or its Services, must be filed within two (2) years of the date in which the it arose or the time in which it could have been reasonably discovered or shall be forever barred.

Entire Agreement: These TOS and the JoJo Java’s Privacy Policy, constitutes the entire agreement between the User and JoJo Java and shall supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to JoJo Java and/or its services.

Waiver and Severability of Terms: If at any time, JoJo Java should fail to exercise or enforce any right or provision of these TOS, such failure shall not constitute a waiver of such right or provision. If any provision of these TOS are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and all other Terms of Services shall remain in full force and effect and the validity or enforceability shall not be affected.

CONTACT US

JoJo Java

30 N. Gould St. Suite R

Sheridan, WY 82801

 

866-482-1729

csupport@jojojavasupport.com