FarisPetro LLC Terms and Conditions of Use
Effective Date: Jan. 01, 2021
FarisPetro LLC (“FarisPetro”). offers this website to allow you to shop for
coffee and other products online, to locate FarisPetro’s products and retail
locations, licensed locations, and grocery stores, and to help you learn more
about FarisPetro’s coffees and products. 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.
Privacy: FarisPetro cares about your privacy. Please read
our Privacy Policy,
which outlines how our site will collect information about you, how information
will be shared and secured, and certain rights you have with respect to your
information. We reserve the right to modify or update our Privacy Policy at any
time. Each time you use this website, you agree to all terms of our current
Privacy Policy.
Trademarks: FarisPetro 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 FarisPetro®, FarisPetro’s Coffee®, farispetro.com®, Knight-Coffee®, Knight Gold®,
Knight Ghost®, Knight No. 41®, Maryland blend®,
Knight Maryland®, Knight Legend®, Knight Arabian®, Knight SNOW®, Knight Snow®, Knight Mediterranean®,
and Knight Italiano®, Knight Aries® among others. You may refer to FarisPetro’s
trademarks in a manner that is not misleading and clearly acknowledges FarisPetro’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 FarisPetro’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
FarisPetro’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 non sublicensable 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.
Accuracy of Information: We attempt to be as accurate as
possible; however, we do not warrant that all product descriptions,
photographs, pricing or other information on the Site is accurate, complete, current,
or error-free. All weights and size dimensions are approximate. All features,
content, specifications, products and prices of products and services described
or depicted on the Sites are subject to change at any time without notice. FarisPetro
makes all reasonable efforts to accurately display the attributes of our
products, including the applicable colors; however, the actual color you see
will depend on your computer system, and we cannot guarantee that your computer
will accurately display such colors. The inclusion of any products or services
on the Site at a particular time does not imply or warrant that these products
or services will be available at any time.
We may make changes in information about price and availability without
notice. The price displayed on the website may differ from the price for the
same item sold as in-store merchandise. While it is our practice to confirm
orders by email, the receipt of an email order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a product or
service. If a product offered by us is not as described or pictured, your sole
remedy is to return it in an unused condition for a refund. In the event of an
error, whether on the Site, in an order confirmation, in processing an order,
in delivering a product or otherwise, we reserve the right to correct such
error and revise your order accordingly, or to cancel the order and refund any
amount charged. Your sole remedy in the event of an error is to cancel your
order and obtain a refund. In the event a product is listed at an incorrect
price or with incorrect information due to typographical error or error in
pricing or product information received from our suppliers, FarisPetro’s Coffee
shall have the right to refuse or cancel any orders placed for product listed
at the incorrect price. FarisPetro’s Coffee shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is canceled, FarisPetro’s Coffee shall immediately
issue a credit to your credit card account in the amount of the charge.
User Accounts: Users of this website age eighteen (18) and
older may register for an account to purchase products and register their FarisPetro’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 sub-license to
others) right to use, copy, publicly 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; and (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. You may not
submit content to the Site or use it in any manner that:
- Is offensive, violent,
promotes racism, bigotry, hatred, harassment or physical harm of any kind
against any group or individual; - Is libelous 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.
Third Party Links: From time to time, the Site may contain
links to websites that are not owned, operated or controlled by FarisPetro or
its respective affiliates. All such links are provided solely as a convenience
to you. If you use these links, you will leave the Site. Neither we nor any of
our respective affiliates are responsible for any content, materials or other
information located on or accessible from any other website(s). Neither we nor
any of our respective affiliates endorse, guarantee, or make any
representations or warranties regarding any other websites, or any content,
materials or other information located or accessible from any other websites,
or the results that you may obtain from using any other websites. If you decide
to access any other websites linked to or from the Site, you do so entirely at
your own risk.
ARBITRATION IF A DISPUTE ARISES (“Arbitration Agreement”)
Any legal dispute between you and FarisPetro concerning or arising out of
these Terms, shall be resolved through binding individual arbitration unless
you opt out of this Arbitration Agreement using the process explained below.
You understand and agree that you are waiving your right to sue or go to court
to assert or defend your rights under this contract. However, either you or FarisPetro
may bring any individual claim in small claims court consistent with the
jurisdictional and dollar limits that may apply, as long as it is brought and
maintained as an individual claim. You may opt out of this Arbitration
Agreement within the first 60 days after the earliest of the first time you (a)
make a purchase from the Site; or (b) you sign up for any service provided by FarisPetro,
including without limitation the Rewards Program, by sending a signed letter to
FarisPetro, contact information below.. The letter should include your printed
name, address, and the words “Reject Arbitration.”
Either party may initiate arbitration, which shall be conducted by the
American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration
Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules
are available on the AAA’s website www.adr.org,
or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or
unwilling to hear the dispute, the parties shall agree to, or the court shall
select, another arbitration provider. Unless you and FarisPetro agree
otherwise, any arbitration hearing shall take place in the county of your
residence. If you live outside the United States, any arbitration will take
place in Montgomery County, MD. We encourage you to call FarisPetro in advance
of filing a claim for arbitration to see if the dispute can be settled prior to
arbitration.
All arbitrations shall proceed on an individual basis. The arbitrator is
empowered to resolve the dispute with the same remedies available in court,
however, any relief must be individualized to you and shall not affect any other
customer. You and FarisPetro also agree that each may bring claims against the
other in arbitration only in your or their respective individual capacities and
in so doing you and FarisPetro hereby waive the right to a trial by jury, to
assert or participate in a class action lawsuit or class action arbitration, to
assert or participate in a private attorney general lawsuit or private attorney
general arbitration, and to assert or participate in any joint or consolidated
lawsuit or joint or consolidated arbitration of any kind. If a court decides
that applicable law precludes enforcement of any of this paragraph’s
limitations as to a particular cause of action, then that cause of action (and
only that cause of action) must remain in court and be severed from any arbitration.
FarisPetro will pay all filing, administrative, arbitrator and hearing costs
and waives any rights it may have to recover an award of attorneys’ fees and
expenses against you.
This Arbitration Agreement shall be governed by, and interpreted, construed,
and enforced in accordance with, the Federal Arbitration Act and other
applicable federal law. To the extent state law applies to any aspect of these
Terms and Conditions, or to any disputes and claims that are covered by the
Arbitration Agreement, the law of the State of California will govern. Except
as set forth above, if any portion of this Arbitration Agreement is deemed
invalid or unenforceable, it will not invalidate the remaining portions of the
Arbitration Agreement.
Severability: If any provision of these terms and
conditions is found to be illegal or unenforceable, the remaining provisions of
these terms and conditions shall be unaffected and shall continue to be fully
valid, binding, and enforceable.
Entire Agreement: These terms and conditions and our
Privacy Policy constitute the entire understanding and agreement between you
and us with respect to the use of our website.
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 FarisPetro; - We may use your feedback in
any lawful manner we deem appropriate without notice, permission or
compensation; and - You have assigned to FarisPetro
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.
Contact Us
You may contact us at:
FarisPetro LLC
19621 Galway Bay Cir #102
Germantown, MD 20874
Customer Service
support@farispetro.com
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 email or regular mail to the following:- Mail:
FarisPetro LLC
19621 Galway Bay cir#102
Germantown, MD 20874 - Email:
support@farispetro.com
Phone: 3019166231 Monday
through Friday, 8 A.M. – 6 P.M. ET
- Mail:
- 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.
- Your
- 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 FarisPetro 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.”
- A physical or
- 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.
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