TERMS & CONDITIONS
Last Updated: March 29, 2020
THESE STATEMENTS HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMINISTRATION. THIS PRODUCT IS NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.
I. GENERAL STATEMENT / WEBSITE TERM OF USE
The www.MELLOBEANS.com website, and all related content, mobile applications (if applicable), and associated services (collectively the “Website”), is a service owned and operated by MELLOBEANS.com. We have adopted these Terms and Conditions to inform you of your rights and obligations when using the Website and/or when purchasing any MELLOBEANS.com products or goods (“Products”) (“Terms and Conditions” or “Terms”). Your use of this Website, and/or your purchase of any Products, constitutes your agreement and manifestation of your assent to the following Terms and Conditions. If you do not agree to these Terms and Conditions you may not use the Website or purchase our Products. MELLOBEANS.com may, and reserves the right to, from time to time modify, limit, change, discontinue, or replace the Website and these Terms and Conditions at any time. In the event MELLOBEANS.com modifies, limits, changes, or replaces the Website or these Terms and Conditions, your continued use thereafter constitutes your agreement to such modification, limitation, change, or replacement.
It is your responsibility to review these Terms and Conditions on a regular basis to keep yourself informed of any modifications, limitations, changes, or replacements. MELLOBEANS.com limits purchase of its product via its Website to individuals who are 18 years of age or older. You warrant and agree that you are at least 18 years of age. It is your responsibility to check and understand the local laws in your jurisdiction regarding the legal purchasing age in order to purchase from or access our Website. MELLOBEANS.com does not warrant or guarantee that compliance with these Terms and Conditions will be sufficient to comply with your obligations under applicable laws where you reside or where you use the Website.
Please read these Terms and Conditions carefully to ensure that you understand each provision. These Terms contain a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
II. ELIGIBILITY, SAFETY ACKNOWLEDGMENT, AND REGISTRATION FOR A MELLOBEANS.COM ACCOUNT
This is a contract between you and MELLOBEANS.com. You must read and agree to these Terms and Conditions before using the Website. If you do not agree, you may not use the Website to register for an account. You may use the Website only if you can form a binding contract with MELLOBEANS.com, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use of an account via the Website by anyone under 21 years of age is strictly prohibited and in violation of these Terms.
Our Website contains age-regulated products, which include minimum purchasing and usage age requirements. We take the prevention of underage use very seriously. MELLOBEANS.com products and all other nicotine products should never be used by anyone under the legal purchasing age. An age verification check will occur during the registration process in order to confirm that you are of legal purchasing age. Only persons 21 years of age and older that have been age verified can purchase products and participate in any promotions or offers from the Website. Due to age-restriction laws and regulations, we may use your provided information to conduct age-verification for your purchases and may deny or cancel your purchases due to such regulations.
Additionally, no tobacco-based or nicotine e-liquid product should be considered safe. We encourage consumers to do their own research regarding vapor products and what is right for them. If you have any health concerns about use of MELLÖ BEANS products or any other nicotine delivery or tobacco product, we recommend that you consult with your physician. Inhalation of vapor from MELLÖ BEANS products may trigger reactions such as cough, as well as aggravate pre-existing respiratory or heart conditions.
Additionally, ingestion of nicotine, at any level, may cause other conditions (such as an increase in your heart rate and blood pressure, dizziness, nausea, and stomach pain). MELLÖ BEANS products are designed for adult smokers to transition away from combustible cigarettes. If you do not currently use nicotine containing products, we recommend that you do not start. CALIFORNIA PROPOSITION 65 WARNING: This product contains chemicals known to the state of California to cause cancer and birth defects or other reproductive harm. WARNING: Contains nicotine, which is an addictive chemical and can be poisonous. Avoid contact with skin and eyes. Do not drink. Keep out of reach of children and pets. In case of accidental contact, seek medical help.
When you create an account, you will be required to create a user ID and password. You agree that you will never share your user ID and password with anyone else for any reason. You agree that only you will use your account. You agree to contact MELLOBEANS.com immediately in the event you become aware of unauthorized access to your account. You agree that you are solely responsible for all activity that takes place in connection with your account and you agree to indemnify and hold harmless MELLOBEANS.com from any damages that arise out of or in relation to use of your account. You agree that you will not create more than one account. By registering and obtaining an account you affirm that you will follow the Terms and Conditions of this Website and your registration constitutes your consent to enter into agreements with us electronically.
III. TERMINATION OF ACCOUNT
We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting the MELLOBEANS.com Support Team. You may not open alternate accounts.
IV. ELECTRONIC COMMUNICATION – MELLOBEANS.COM ACCOUNT SPECIFIC
With the creation of an account, you agree that we may send to your e-mail electronic notices or other communication regarding MELLOBEANS.com and this Website. These types of electronic communications will be sent to the e-mail address that was provided during registration and/or the e-mail address associated with your account. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication. You can stop receiving these notices and communications at any time with the deactivation of your account.
V. ELECTRONIC COMMUNICATION – MARKETING COMMUNICATION
By completing the registration process on the Website and providing your e-mail address, you are representing you are of legal age to receive MELLOBEANS.com’ Newsletter and will receive electronic communications and exclusive offers. These exclusive offers may be unavailable depending on your state and local regulations or other restrictions. All offers are Void Where Prohibited. MELLOBEANS.com Products material are not intended to imply that the Products have been approved by the Food and Drug Administration or that the Food and Drug Administration has deemed this Product to be safe for use by consumers. This Product is not intended to diagnose, treat, cure, or prevent any disease, including the treatment of nicotine addiction and/or dependence.
VI. COMMUNICATIONS WITH MELLOBEANS.COM
Customers and visitors are encouraged to forward comments or other communications to MELLOBEANS.com via MELLOBEANS.com or via e-mail. You agree that you will not transmit content to MELLOBEANS.com that is 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 agree that you will not use a false e-mail address, impersonate a third-party person or entity, or otherwise mislead MELLOBEANS.com as to the origin of a communication. Communications violating the restrictions of this paragraph shall constitute a violation of these Terms and Conditions and may result in the termination of your account at the sole discretion of MELLOBEANS.com.
You agree to pay for all purchase orders you place through the Website.
Except where noted otherwise, the prices displayed for MELLOBEANS.com Products represent the full retail price listed on the product itself. All prices are quoted and payable in U.S. dollars, regardless of where an order is placed or shipped. Foreign exchange rates apply and may depend on the date your order was placed.
Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. Payment of taxes and duties due are your responsibility unless such sales taxes or duties are collected by MELLOBEANS.com at the time of your purchase, in which case MELLOBEANS.com will submit your taxes and/or duties to the appropriate authority on your behalf. MELLOBEANS.com shall not be responsible for failure to pay taxes or duties you owe, unless MELLOBEANS.com has collected such taxes or duties at the time of the purchase.
In the event that you dispute the amount or validity of any payments made to MELLOBEANS.com through this Website, you must notify MELLOBEANS.com in writing, within ten (10) days of payment, of any such dispute by mail at the address listed below. You expressly agree that your failure to notify MELLOBEANS.com of any dispute within ten (10) days of payment will constitute your express waiver of any claims related to the disputed payment.
You agree that you will pay all costs and expenses of collection, including attorneys’ fees, incurred by MELLOBEANS.com in the event of failure to make payment.
VIII. CANCELLATION POLICY
Orders submitted cannot be cancelled once the tracking information has been generated. Generally, tracking information is generated 24 hours from the time that the order was submitted. To cancel an order placed before tracking information is generated, please contact MELLOBEANS.com’s Support Team as soon as possible.
IX. RETURN POLICY
In no event will MELLOBEANS.com accept return of and/or issue any refund for purchases made other than through the Website. You have the right to withdraw from the purchase agreement with MELLOBEANS.com and to return any new, unused item purchased through the Website for a refund without giving any reason up to three (3) days following the receipt of the item purchased. To exercise the right of withdrawal, you must inform us of your decision to withdraw from the purchase agreement by contacting MELLOBEANS.com. If you withdraw, MELLOBEANS.com will reimburse to you all payments received from you, including the costs of shipment, within fourteen (14) days from the day you inform us of your decision to withdraw. However, MELLOBEANS.com will not reimburse you for any supplemental costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us at the time of purchase.
If you elect to withdraw, you must return the new, unused item purchased to MELLOBEANS.com within seven (7) days of notifying us of your election. We shall withhold reimbursement until we have received the purchased item. No refunds will be issued for items not returned within seven (7) days of notifying MELLOBEANS.com that you would like to return the items for a refund. You agree that you will be responsible for the cost of return shipment in the event you elect to withdraw from the purchase agreement and to return an item for a refund.
Because of the nature of the products sold through the Website, for sanitary reasons, MELLOBEANS.com accepts returns of and will issue refunds only for new and unused devices. If the tamper proof seal is broken, we will be unable to accept the returned product and we will not issue a refund.
California Residents. The provider of services is set forth herein. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
X. DAMAGED / INCOMPLETE / INCORRECT ORDERS
You have a legal guarantee of conformity in connection with items purchased through the Website. You agree to immediately inspect any goods purchased upon receipt of your purchase order. If you received an order shipped from MELLOBEANS.com that is damaged, incorrect, or incomplete, please contact MELLOBEANS.com Support immediately to explain the problem with your order and to request a refund or replacement goods. MELLOBEANS.com may require you to return damaged items, in which case MELLOBEANS.com will pay for the cost of return shipment.
XI. PRODUCT RESALE OR OTHER EXPLOITATION PROHIBITED
You agree not to sell, resell, distribute or make available to others, or otherwise use or exploit for any commercial purposes (including, without limitation, in contests, sweepstakes and/or giveaways) any portion of any Products or services purchased from this Website or otherwise obtained from MELLOBEANS.com or a MELLOBEANS.com representative without prior written permission of an authorized representative of MELLOBEANS.com. Any person or entity that sells, resells, distributes or makes available to others, or otherwise uses or exploits any Products or services for commercial purposes without such prior written permission will have no right or remedy under the product warranty, and may be subject to civil action and/or criminal penalty, as prescribed by law.
XII. COMPLIANCE WITH LAW; INDEMNIFICATION
You agree that your use of any MELLOBEANS.com Products and/or MELLOBEANS.com services will comply at all times with all applicable laws and regulations, in all relevant jurisdictions, including without limitation laws and regulations related to product use, resale, marketing, advertising, and/or other forms of promotion.
You agree to indemnify, defend, and hold harmless MELLOBEANS.com and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of and access to any MELLOBEANS.com Products or services, or this Website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties herein or your obligations under this Section 12; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Website with your unique username, password or other appropriate security code.
XIII. THIRD PARTY LINKS
XIV. PRIVACY STATEMENT
XV. ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER
Read this Section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from MELLOBEANS.com. For any dispute with MELLOBEANS.com, you agree to first contact us via e-mail and attempt to resolve the dispute with us informally.
Arbitration. In the unlikely event that MELLOBEANS.com has not been able to resolve a dispute it has with you after sixty (60) days, you and MELLOBEANS.com each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, the breach or alleged breach thereof, or your purchase or use of MELLÖ BEANS Products (collectively, “Claims”), by binding arbitration by AECADR, under the Optional Expedited Arbitration Procedures then in effect for AECADR, except as provided herein (including the exclusion of any claims brought by MELLOBEANS.com for injunctive or other equitable relief as provided in Section 16 below).
AECADR may be contacted at www.aecadr.com. The arbitration will be conducted online, unless you and MELLOBEANS.com agree otherwise. If you are an individual using MELLOBEANS.com Products, services, or the Website for non-commercial purposes: (i) AECADR may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AECADR; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction consistent with the requirements in Section 16 below.
Class Action and Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Website or MELLOBEANS.com Products or services for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless MELLOBEANS.com’ agrees otherwise, the arbitrator may not consolidate more than one person’s claims.
You agree that, by entering into this agreement, you and MELLOBEANS.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
XVI. GOVERNING LAW AND VENUE
These Terms and Conditions will be governed by and interpreted under the laws of the State of California, USA, without regard to its principles of conflict of laws. Exclusive venue for any action to determine the enforceability of the arbitration provision in Section 15 or the arbitrability thereunder of any dispute, or to enforce an arbitral award rendered pursuant to these Terms and Conditions will be the state or federal courts of Los Angeles, California. You agree that Los Angeles, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision in Section 15 is found to be unenforceable. You agree not to bring any such actions in any other venue and you expressly agree to waive all objections to these venues.
You expressly consent to be subject to the personal jurisdiction of the state and federal courts of California. You agree that: (i) the Website and MELLOBEANS.com Products and services shall be deemed solely based in California; and (ii) the Website and MELLOBEANS.com’ services shall be deemed passive ones that do not give rise to personal jurisdiction over MELLOBEANS.com, either specific or general, in jurisdictions other than California.
The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED.
XVII. RELEASE AND WAIVER OF CLAIMS; ASSUMPTION OF RISK
YOU HEREBY AGREE TO THE FOLLOWING, WHICH IS PERMITTED BY LAW: (i) to waive any and all claims, other than claims for personal injury, that you have or may have in the future against MELLOBEANS.com, or any of its distributors, resulting from use of the Website and MELLOBEANS.com Products and services; and (ii) to release MELLOBEANS.com or any of its distributors from any and all liability from any loss, damage, injury or expense, other than liability for personal injury, that you or any users of this Website and any MELLOBEANS.com Products or services may suffer as a result of the use of any of the foregoing, due to any cause whatsoever, including negligence or breach of contract on the part of MELLOBEANS.com, in the design or manufacture of the Website or of any MELLOBEANS.com Products or services.
In the event of your death or incapacity, these Terms shall be effective and binding upon your heirs, next of kin, executors, administrators, assigns and representatives.
You hereby expressly waive any and all rights and benefits conferred upon you by the provisions of Section 1542 of the Civil Code of California (or any applicable analogous law), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known to him or her must have materially affected his or her settlement with the debtor.”
You and MELLOBEANS.com understand and agree that claims or facts in addition to or different from those which are now known or believed by each of them to exist may hereafter be discovered, but it is your intention to release all claims you have or may have against MELLOBEANS.com, other than claims for personal injury, and any and all of its successors, subsidiaries, parents, affiliates, investors, branches or related entities, or those entities’ officers, directors, employees, stockholders, partners, members, consultants, agents, attorneys, employee benefit plans or assigns, whether those claims are known or unknown, suspected or unsuspected.
XVIII. USE OF MATERIAL FROM THIS WEBSITE
All content of this Website, including but not limited to, any text, software, files, graphics, photos, images, designs, music, musical compositions, video, audio visual works, and data found on this Website (collectively the “Materials”), are the property of and owned by MELLOBEANS.com or its licensors, and are protected by copyright, trademark, and/or other laws. You expressly agree that you are prohibited from, including but not limited to, the following: reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials.
The Website and related content are provided for informational purposes only. Your use of this Website is at your sole risk. This Website is provided on an “AS IS” and on an “as available” basis. Although we make all reasonable efforts to ensure that the content of the Website is updated and corrected, we do not guarantee the accuracy of any content. The material contained on this Website may contain inaccuracies and typographical errors. You agree that we have no duty to screen content that is provided to the Website by you or others, nor are we liable for such content. We have the right, at our sole discretion, to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material. Changes are periodically made to the Website and may be made at any time period. If you download any materials from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any such materials.
XIX. WARRANTY LIMITATIONS
MELLOBEANS.COM PRODUCTS AND SERVICES, AND THIS WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE FOREGOING IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT NOT COVERED UNDER THE LIMITED WARRANTY, MELLOBEANS.COM EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS WARRANTIES OF ANY KIND, AND LIMITS THE DURATION OF ANY AND ALL IMPLIED WARRANTIES OF ANY KIND (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), WHETHER RELATED TO USE OF THIS WEBSITE OR MELLOBEANS.COM PRODUCTS OR SERVICES. NO ADVICE OR INFORMATION CONCERNING THE USE OF ANY MELLOBEANS.COM PRODUCTS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MELLOBEANS.COM OR THROUGH ANY MELLOBEANS.COM PRODUCT OR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, EXCEPT AS PROVIDED IN THE LIMITED WARRANTY (A COPY OF WHICH MAY BE REVIEWED AT WWW.MELLOBEANS.COM/WARRANTY), AND EXCEPT TO THE EXTENT PROHIBITED BY THE LAWS OF ANY STATE, MELLOBEANS.COM, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT OR ANY INFORMATION ON THE WEBSITE, IS OR WILL BE COMPLETE, ACCURATE, ADEQUATE, RELIABLE, USEFUL, TIMELY, OR CORRECT; THAT THE MELLOBEANS.COM PRODUCTS AND SERVICES, AND THIS WEBSITE, WILL MEET YOUR REQUIREMENTS OR BE FREE FROM DEFECTS, INCLUDING PRODUCT OR DEVICE LEAKING; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MELLOBEANS.COM PRODUCTS OR SERVICES, OR THIS WEBSITE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.
MELLOBEANS.COM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MELLOBEANS.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
YOU ACKNOWLEDGE THAT YOU MUST REGISTER AN ONLINE ACCOUNT AND AGREE TO MELLOBEANS.COM’S TERMS AND CONDITIONS TO RECEIVE WARRANTY SERVICE.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS. LIMITATIONS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
XX. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER MELLOBEANS.COM NOR ANY OF ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RELATING TO OR RESULTING FROM: 1) PURCHASE AND/OR USE OF ANY MELLOBEANS.COM PRODUCTS OR SERVICES; 2) USE OF, ACCESS TO, OR INABILITY TO USE THIS WEBSITE; 3) USE OR INABILITY TO USE ANY OTHER WEBSITE YOU ACCESS FROM A LINK THROUGH THIS WEBSITE; OR 4) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF E-MAIL MESSAGES YOU SEND US; IN EACH CASE, IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MELLOBEANS.COM HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF TRANSMISSIONS AND DATA AND ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR AS A RESULT OF NEGLIGENCE, OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS WEBSITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
XXI. LOST DEVICE REPLACEMENT PLAN
This Section governs the services provided by MELLOBEANS.com under the MELLOBEANS.com Loss Protection Plan (the “Plan”), which is incorporated into the Terms by reference. “You” “your” and similar terms refer to end user consumer purchasers subject to the terms of the Plan. Except as specified in this Plan, benefits under this Plan are additional to your rights under applicable laws, the Limited Warranty and any technical support. The Plan covers MELLÖ BEANS devices contained in MELLÖ BEANS collections and MELLÖ BEANS products (collectively, “Covered Devices”) purchased by end user consumers. Coverage begins when you purchase a Covered Device and continues for one year after the date of the purchase of such Covered Device (the “Plan Term”).
If during the Plan Term, you submit a valid claim by notifying MELLOBEANS.com that you have lost a Covered Device, MELLOBEANS.com will allow you to purchase a replacement device up to two (2) times within one (1) year from the date of purchase of the original Covered Device at a discounted rate of five ($5) dollars off a MELLÖ BEANS product, but not more often than one (1) time per 24 hours.
All replacement devices provided under this Plan will at a minimum be functionally equivalent to the original product but may not be the exact same model.
Exclusions apply as described below. Further, services under the Plan expire and all of MELLOBEANS.com’ obligations to you under the Plan are fulfilled in their entirety once MELLOBEANS.com has provided you with the maximum number of replacement devices allowed under the plan. You may obtain service or Technical Support by contacting customer support. MELLOBEANS.com may change the method by which MELLOBEANS.com provides Plan services to you, and your Covered Device’s eligibility to receive service. Service options, availability and response times may vary. You may be responsible for shipping and handling charges to facilitate service in a location where service is available and will be responsible for all associated taxes and charges.
To receive service or support under the Plan, you agree to (i) provide proof of purchase of your original Covered Device, (ii) provide information about the loss of the Covered Device, (iii) respond to requests for information, and (iv) follow instructions MELLOBEANS.com gives you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MELLOBEANS.COM AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED DEVICES FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM MELLOBEANS.COM’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF MELLOBEANS.COM AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE COVERED DEVICE.
(a) MELLOBEANS.com is not responsible for any failures or delays in performing under the Plan that are due to events outside MELLOBEANS.com’s reasonable control;
(b) This Plan is offered and valid only in the fifty states of the United States of America and the District of Columbia, except where prohibited by local law or regulation. Persons who have not reached the age twenty-one (21) years at time of purchase are ineligible for the Plan;
(e) The terms of the Plan shall prevail over any conflicting, additional, or other terms of any purchase order or other document and constitute your and MELLOBEANS.com’s entire understanding with respect to the Plan;
(f) Except where prohibited by law, the laws of the State of California govern the Plan as issued to U.S. customers. If these terms are inconsistent with the laws of any jurisdiction where you reside, then the laws of that jurisdiction will control; and
(g) You are not eligible to receive service under the Plan if:
(i) such service is disallowed or limited by federal, state, or local law or regulation;
(ii) the purchase of a Covered Device was not made by you;
(iii) MELLOBEANS.com has reason to believe that a claim is invalid due to fraud or misrepresentation, or is otherwise the result of a scheme to manipulate the Plan;
(iv) you purchase MELLÖ BEANS Products for resale — the Program is only available to end user consumers of MELLÖ BEANS Products; or
(v) you have already made a claim under the Warranty for the Covered Device.
Orders must be placed before 3:00 p.m. ET for next-day delivery. Additionally, all orders placed in California must receive an automated telephone message to confirm purchase pre-delivery.
Severability: A finding that any term or provision of these Terms and Conditions is invalid or unenforceable will be removed from these Terms and Conditions and will not affect the validity or enforceability of the remaining Terms and Conditions.
Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by MELLOBEANS.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. No waiver by MELLOBEANS.com of any breach of this Agreement is effective unless in writing.
Mello Beans Coffee LLC
d/b/a Mellö Beans Coffee