Peet's Coffee & Tea Terms and Conditions of Use
Effective Date: January 1, 2013
Peet's Operating Company, Inc. d/b/a Peet's Coffee & Tea offers this website to allow you to shop for coffee, tea and other products online, to locate Peet's products and retail locations, licensed locations, and grocery stores, and to help you learn more about Peet's and how our coffees and teas are grown, purchased, roasted, and blended. By using this website, you agree to these terms and conditions. This website is intended only for the use of persons age eighteen (18) or older. We reserve the right to modify or update these terms and conditions at any time. Please be sure you have read and agree to our current terms and conditions.
Trademarks. Peet's is the owner of numerous trademarks, logos, emblems, and trade dress, all of which represent our vision to provide gold-standard specialty coffees and teas. We own several trademarks and service marks that have been registered with the United States Patent and Trademark Office. These include Peet's®, Peet's Coffee & Tea®, peets.com®, Peet's Coffee®, Peet's Tea®, Blend 101®, e-Cup®, Espresso Forte®, Fresh Truth®, Gaia Organic Blend®, Garuda Blend®, JR Reserve Blend®, Major Dickinson's Blend®, P-Cup®, Peetniks®, Pride of the Port®, Pumphrey's Blend®, Summer House®, Snow Leopard® and Tea Crafted From Experience®, among others. You may refer to Peet's trademarks in a manner that is not misleading and clearly acknowledges Peet's ownership of our marks. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of Peet's marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Peet's is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third party’s marks.
Copyright. As between you and us, we own and reserve all right, title, and interest in and to our website. This includes the copyright in the software and code that allow you to operate the website and the copyright in all content including text, graphics, and images. We hereby grant you a limited nonsublicensable revocable license to use our website for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
User Accounts. Users of this website age eighteen (18) and older may register for an account to purchase products and register their Peet’s card account. If you are under the age of eighteen (18), you may not register for access to an account and you may only purchase our products through and with the consent of a parent or guardian. When you register for an account, you hereby represent that:
- You meet the age requirements posted on the website;
- The information you provide is accurate, current and complete, and you agree to maintain and promptly update your information so that it remains accurate, current and complete;
- You will be responsible for all activities and transactions that take place and all materials posted by you or anyone using your account;
- You will be solely responsible for maintaining the secrecy and security of your account and password and for restricting access to your computer.
We reserve the right to terminate any user account or cancel product orders in our discretion.
Users age eighteen (18) and older may also sign up to receive promotional emails from us. When you ask to be placed on our email list, you hereby confirm that you are over the age of eighteen (18) and that you wish to receive promotional emails from us. If you are receiving promotional email from us and would like to be taken off our list, simply click the link at the bottom of any email to unsubscribe.
Reviews and Other Submissions. We allow visitors age eighteen (18) or over and our own employees to post reviews of our products. We also publish on our website user reviews that we have been permitted to reproduce from other sources, such as social media or other third party websites. Though we welcome users to share their opinions with others, we do not conduct tests to ensure that experiences described by users are typical. Our employees are allowed but not required to post product reviews. Product reviews by our employees on our website are clearly marked as such. We are proud of our workforce and we compensate employees for their work, but we do not provide any special payments or incentives to our employees beyond their normal compensation for them to post product reviews. In some instances we provide samples of our products or other incentives to bloggers who post reviews that appear on our website. We require bloggers who post reviews of our products to disclose the nature of any product sample or incentive we have provided in each such post.
When you submit material to us (including comments, photographs, and other content) such as through our website, by email, or through social media, you (a) acknowledge that you have read and agree to these terms and conditions; (b) grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including the unlimited right to sublicense to others) right to use, copy, publically perform, display, distribute and create derivative works from any content or material you submit; (c) represent that you own all right, title and interest in and to that material; (d) agree that we may publish all material, including but not limited to material that may contain indicia of your personal identity or that of others; and (e) release us from all claims, demands, or liability for any reason resulting from or connected with the publication of all or any part of the material, including but not limited to claims based upon statutory or common law privacy rights of children or others, claims based upon copyright in the material, and claims based upon any unauthorized use, alteration or republication by third parties.
You may not submit content that:
- Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual;
- Is libellous or slanderous;
- Is intended to cause commercial harm to us or to benefit a third party at our expense;
- Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material;
- Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages;
- Collects others' names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications;
- Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website;
- Uses any automated or computerized process we have not previously authorized to access, obtain or download data or content;
- Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website;
- Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works;
- Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorized use of or access to a computer or a computer network; or
- Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.
We have the right, but no obligation, to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed to be objectionable or inappropriate for any reason.
Copyright Claim Policy. We do not permit anyone to post materials on our website that infringe the copyrights of others. If you believe any content on our website infringes your rights or if you are acting with consent on behalf of someone who does, please send us notice through our Copyright Infringement Claims Procedure (see below).
Disclaimer of Warranties
EXCEPT AS SET FORTH IN ANY EXPRESS WRITTEN WARRANTY PROVIDED IN CONNECTION WITH THE SALE OF ANY PRODUCT THROUGH THIS WEBSITE, YOUR USE OF THE THIS WEBSITE AND ALL OF THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE IS SOLELY AT YOUR OWN RISK. OUR WEBSITE AND ALL SERVICES MADE AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER OTHER THAN OUR . TO THE FULLEST EXTENT PERMITTED BY LAW, PEET'S COFFEE & TEA AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ANY PORTION OF OUR WEBSITE, THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE, YOUR USE OF OUR WEBSITE, OR ANY WEBSITE TO WHICH OUR WEBSITE IS LINKED, INCLUDING ALL REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PEET'S COFFEE & TEA, AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT: ANY PORTION OF OUR WEBSITE OR THE CONTENT, PRODUCTS, AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THE CONTENT IS ACCURATE, COMPLETE, CURRENT OR RELIABLE; YOUR CONTENT, COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA WILL NOT BE DELETED, LOST, MISDELIVERED, OR CORRUPTED; NO VIRUSES OR OTHER HARMFUL CODE WILL BE TRANSMITTED TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WEBSITE, CONTENT OR SERVICES IS TO CEASE TO USE THE SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR WITHIN NATIONAL JURISDICTIONS.
Limitation of Liability
EXCEPT AS SET FORTH IN ANY EXPRESS WRITTEN WARRANTY PROVIDED IN CONNECTION WITH THE SALE OF ANY PRODUCT THROUGH THIS WEBSITE, UNDER NO CIRCUMSTANCES SHALL PEET’S COFFEE & TEA OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS HAVE ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE, INCLUDING THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR WEBSITE. THIS COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, BUSINESS INTERRUPTION, LOSS OF INCOME, PROFITS OR DATA), EVEN IF AN AUTHORIZED REPRESENTATIVE OF PEET'S COFFEE & TEA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CONTENT POSTED BY A USER OF OUR WEBSITE. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON OUR WEBSITE OR IN CONNECTION WITH YOUR USE OF OUR WEBSITE. WE ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE.
Indemnity. You agree to indemnify and hold harmless Peet's Coffee & Tea, and its respective, officers, directors, employees, agents, licensors and service providers, from any and all third party claims, losses, liability, damages, losses, costs and expenses (including reasonable attorneys' fees and costs) arising from your breach of these Terms & Conditions of Use or infringement of any rights of third parties ("Claims"). We will notify you promptly of any such Claims.
Dispute Resolution. If there is any dispute about or involving Peet's or your use or submission of material to this website, you agree that the dispute shall exclusively be governed by California law, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts located in Alameda County, California. If any provision of these terms and conditions is held by a court of competent jurisdiction to be contrary to law, invalid or unenforceable, this provision shall be considered revised and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. In such cases, the remaining provisions of these terms and conditions shall remain in full force and effect. These same conditions also apply to any contractual gaps.
Feedback. We welcome your feedback, suggestions and other communications regarding our website and the information, products and services made available through our website. Feedback may be provided through our website, social media forums, email, mail, surveys, verbal communications or other means. By providing such feedback you understand and acknowledge that:
- Any feedback you provide is the exclusive property of Peet's;
- We may use your feedback in any lawful manner we deem appropriate without notice, permission or compensation; and
- You have assigned to Peet's all worldwide rights, title, interests, copyrights and other intellectual property rights in, to and from your feedback.
You should only provide feedback that you wish us to use accordingly.
You may contact us at:
Peet's Coffee & Tea Home Office
1400 Park Ave
Emeryville, CA 94608
(800) 999-2132 Monday through Friday, 6 A.M. – 6 P.M. PT
(From Mexico and countries outside of North America, please call 510.594.2950)
Copyright Infringement Claims Procedure. We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
- Notice to Designated Agent. If you claim ownership of copyright in material posted on our website and you believe that posting it infringes your copyright -- or if you are authorized to act on behalf of a person who makes such a claim -- you may send us notice of your claim by filling out and submitting the attached form or you may send an email or regular mail to the following:
Peet's Copyright Agent
c/o Customer Service
Peet's Coffee & Tea
1400 Park Avenue
Emeryville, CA 94608
800.999.2132 Monday through Friday, 6 A.M. – 6 P.M. PT
(From Mexico and countries outside of North America, please call 510.594.2950)
- Notice Requirements.To be sure we are able to address your claim, you must include the following information in your notice:
- Your physical or electronic signature. The notice should be signed either by the copyright owner of the infringing work or by someone authorized to act on the copyright owner’s behalf;
- Identification of the copyrighted work you claim was infringed. If multiple copyrighted works are covered by the same notification, you may provide a representative list of the infringed works.
- Identification of where on our website the copyrighted material can be found. Please provide a complete URL and any additional information necessary to enable us to locate and identify the claimed infringing material.
- Your contact information. Please provide an address, telephone number, and, if available, an email address at which we can contact the complaining party.
- Certification of Infringement. The notice must certify that the complaining party has a good faith belief that use of the material on our website is not authorized by the copyright owner, its agent, or the law.
- Certification of Accuracy. The notice must also state that the information supplied is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you fail to comply substantially with these notice requirements you may experience delay while we seek supplemental information. In the event we are unable to obtain supplemental information that substantially complies with these requirements we may deny your request to remove or disable the material.
- Takedown Upon Notice. Upon receipt of proper notification of claimed copyright infringement, we will respond promptly to remove, or disable access to, the material.
- Counter Notification.After disabling or removing the alleged infringing material, we will take reasonable steps promptly to notify the user who posted the material that the material was removed or access was disabled. Thereafter, the user may provide a counter notification. To submit a proper counter notification a user must provide:
- A physical or electronic signature of the user providing the counter notification.
- Identification of the material that was removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled.
- A statement by the user that "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
- The user's full name, address, telephone number, and user name.
- If the user's address is located within the United States, the following statement: "I consent to the jurisdiction of the Federal District Court in which my address is located and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
- If the user's address is not located within the United States, the following statement: "I consent to the jurisdiction of the Federal District Court for any judicial district in which Peet’s Coffee and Tea may be found and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person."
- Actions Upon Counter Notification. Upon receipt of a counter notification of the type described above we will promptly provide the person who gave the original notice of infringement a copy of the counter notification. We will also inform the original claimant that we will replace the removed material or cease disabling access to the material unless we receive notice, no more than 10 business days thereafter, that the claimant has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material.
- Repeat Infringers. Posting infringing materials is a violation of our website's terms and conditions. We will not permit repeated violations of this policy. In appropriate circumstances, we may terminate any user account, disable the user’s password, or take other appropriate action with respect to any user or users if we make a reasonable determination that the user or users are repeat infringers.
- Misrepresentations. The DMCA, 17 U.S.C. § 512(f), provides for penalties against persons who knowingly materially misrepresent that material or activity is infringing or that material or activity was removed or disabled by mistake or misidentification. If you have questions about any notification or counter notification to be provided hereunder, please seek advice from knowledgeable counsel. THE INFORMATION PRESENTED HERE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL ADVICE.