CONDITIONS OF USE
Welcome to www.genehicks.com a web site operated by Gene Hicks Gourmet Coffee. Gene Hicks Gourmet Coffee provides their services to you subject to the following conditions. If you view the catalog, view the website, communicate or conduct business with Gene Hicks Gourmet Coffee in any manner, you accept these conditions. Please read them carefully. In addition, when you use any current or future Gene Hicks Gourmet Coffee service or visit or purchase from any business affiliated with Gene Hicks Gourmet Coffee, whether or not included in the Gene Hicks Gourmet Coffee web site or catalog, you also will be subject to the guidelines and conditions applicable to such service or business.
All content included on this site and within our catalog, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Gene Hicks Gourmet Coffee or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site and within our catalog is the exclusive property of Gene Hicks Gourmet Coffee and protected by U.S. and international copyright laws. All software used on this site is the property of Gene Hicks Gourmet Coffee or its software suppliers and protected by United States and international copyright laws.
Gene Hicks Gourmet Coffee; Gene Hicks, The Gene Hicks Logo, www.genehicks.com, the Gene Hicks catalog and other marks indicated on our site are trademarks of Gene Hicks Gourmet Coffee or its subsidiaries, in the United States and other countries The Gene Hicks Logo and other Gene Hicks Gourmet Coffee graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Gene Hicks Gourmet Coffee or its subsidiaries. Gene Hicks Gourmet Coffee\'s trademarks and trade dress may not be used in connection with any product or service that is not Gene Hicks Gourmet Coffee\'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Gene Hicks Gourmet Coffee All other trademarks not owned by Gene Hicks Gourmet Coffee or its subsidiaries that appear on this site and within our catalog are the property of their respective owners, who are not affiliated with, connected to, or sponsored by Gene Hicks Gourmet Coffee or its subsidiaries.
LICENSE AND SITE ACCESS
Gene Hicks Gourmet Coffee grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Gene Hicks Gourmet Coffee This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. No part of the Gene Hicks Gourmet Coffee web site may be reproduced, duplicated, copied, sold, resold, visited, stored in or introduced into a retrieval system, or transmitted, in any form, or by any means (electronic, mechanical, photocopying, recording, or otherwise), or otherwise exploited for any commercial or non-commercial purpose without express written consent of Gene Hicks Gourmet Coffee
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gene Hicks Gourmet Coffee and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Gene Hicks name or trademarks without the express written consent of Gene Hicks Gourmet Coffee Any unauthorized use terminates the permission or license granted by Gene Hicks Gourmet Coffee You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Gene Hicks Gourmet Coffee so long as the link does not portray Gene Hicks Gourmet Coffee, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gene Hicks Gourmet Coffee logo or other proprietary graphic or trademark as part of the link without express written permission.
Gene Hicks Gourmet Coffee reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
If you do submit material, and unless we indicate otherwise, you grant Gene Hicks Gourmet Coffee a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Gene Hicks Gourmet Coffee the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Gene Hicks Gourmet Coffee or its affiliates for all claims resulting from content you supply. Gene Hicks Gourmet Coffee has the right but not the obligation to monitor and edit or remove any activity or content. Gene Hicks Gourmet Coffee takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from Gene Hicks Gourmet Coffee are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Gene Hicks Gourmet Coffee attempt to be as accurate as possible. However, Gene Hicks Gourmet Coffee does not warrant that product descriptions, prices, photographs or other content of this site or our catalog is accurate, complete, reliable, current, or error-free. Gene Hicks Gourmet Coffee is not responsible for typographical errors, manufacturer delays in delivery or changes to products. All product descriptions, case assortments, variations, prices and ship dates are subject to change and availability without notice. We reserve the right to limit the quantity of items sold. We reserve the right to refuse any sale. If a product offered by Gene Hicks Gourmet Coffee itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Gene Hicks Gourmet Coffee ON AN "AS IS" AND "AS AVAILABLE" BASIS. Gene Hicks Gourmet Coffee MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Gene Hicks Gourmet Coffee DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Gene Hicks Gourmet Coffee DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Gene Hicks Gourmet Coffee ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Gene Hicks Gourmet Coffee WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By viewing the catalog, the website, communicating with or conducting business with Gene Hicks Gourmet Coffee you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Gene Hicks Gourmet Coffee or its affiliates.
Any dispute relating in any way to your visit to www.genehicks.com or to products you purchase through Gene Hicks Gourmet Coffee shall be submitted to confidential arbitration in Ely, Minnesota, except that, to the extent you have in any manner violated or threatened to violate Gene Hicks Gourmet Coffee\'s intellectual property rights, Gene Hicks Gourmet Coffee may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator\'s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Ordering and our Shipping and Returns polices. These policies also govern your visit to www.genehicks.com and your purchase in our catalog. We reserve the right to make changes to our site, catalog, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. In addition, the Retail Partner Program agreement policy supersedes any and all other policies and legal disclaimers, either on the website or verbally.
Gene Hicks Gourmet Coffee
P.O. Box 223
Ely, MN 55731