ONLINE TERMS OF USE AGREEMENT
Welcome to the Dunn Brothers Coffee website. This website is operated by Dunn Bros Coffee Franchising, Inc. (“we,” “us,” “our,” or “Dunn Brothers Coffee”). The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”) apply to your use of our website (“Site”), our mobile application, and any information we may access through social media platforms such as Facebook, Twitter or Instagram (collectively, our “System”).
Your use of our System means that you accept and agree to these Terms of Use. If you do not agree to these Terms or our Privacy Policy, do not use or access the System.
We may revise and update these Terms of Use from time to time in our sole discretion, and will post any updates to the Terms of Use on the Site. Your continued use of our Site or System, or any other service provided through www.dunnbrothers.com, means that you accept and agree to the modified Terms of Use.
Trademarks
Dunn Brothers Coffee is the owner of numerous trademarks, logos and emblems. We own several trademarks and service marks that have been registered with the United States Patent and Trademark Office. These include DUNN BROTHERS COFFEE™ and INFINITE BLACK™, as well as our design and stylized marks. You may refer to our trademarks in a manner that is not misleading and clearly acknowledges our ownership of our marks. By using the System, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of our 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 we are affiliated with, endorse, or sponsor any product or service, or in any manner that would disparage our marks and brand. Our System 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.
Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the System. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System or interfere with any other party’s use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use System content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any System content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors except as expressly authorized by these Terms.
Links to Other Websites and Connecting through Social Media
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content or for any breach of contract or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Indemnification
You agree to indemnify, defend and hold harmless Dunn Brothers Coffee, its franchisees, officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the System, your violation of these Terms or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
Electronic Communications
Visiting the Site, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us please send an email stating that you wish to unsubscribe to [email protected].
Warranty and Limitation of Liability
DUNN BROTHERS COFFEE AND/OR ITS FRANCHISEES, AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DUNN BROTHERS COFFEE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUNN BROTHERS COFFEE AND/OR ITS FRANCHISEES, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, THE APPLICATION OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DUNN BROTHERS COFFEE OR ANY OF ITS FRANCHISEES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SYSTEM.
Governing Law, Venue and Jurisdiction
These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms of Use, the Privacy Policy, and any legal notices on this System must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose) or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Miscellaneous Terms
These Terms of Use, together with our Privacy Policy are the entire agreement between you and us related to your use of the System.
How to Contact Us
If you have any questions or concerns regarding the Terms or the System, please contact us at the following email, telephone number or mailing address:
Email: [email protected]
Telephone Number: 1-888-417-0404
Mailing Address:
Dunn Brothers Coffee Franchising
111 3rd Ave S, Suite 130
Minneapolis, Minnesota 55401
