TERMS OF SERVICE

Introduction

Welcome to the &BACK website. We are committed to protecting your privacy. As such, all collection, use and disclosure of Personal Information by &BACK is governed by these Terms of Service (“TOS”), this Privacy Policy and any applicable legislation.

The TOS explain what Personal Information is collected by &BACK and how it is used. It also explains how you can ask questions, make suggestions, and address concerns about our privacy practices.

The Privacy Policy applies to Personal Information collected by &BACK and its Sites (defined below) and indicates exactly how your private information is protected and used by &BACK.

By using the &BACK Sites, you hereby agree to the following TOS and Privacy Policy. We welcome your feedback and ideas on how to improve these terms. Please contact us with any and all suggestions.

TERMS OF SERVICE

1. Acceptance of Terms

&BACK provides its services to you, subject to the following TOS, which may be updated by us without express notification. You can always review the most current version of the TOS at any time by visiting www.andback.com and clicking on the Privacy Policy & Terms of Service link in the footer. In addition, please note that particular &BACK services will be subject to posted guidelines or rules provided by staff of &BACK. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. Description of Services

&BACK’s mission is simple: to create a great cup of coffee that empowers women coffee farmers. We believe that business done right can be a powerful force for good to help us uplift, connect, and regenerate.

&BACK’s products and services shall be referred to in this TOS and Privacy Policy as the “Services”. Any new features that would improve the current Services, including the release of new &BACK sites and features, shall be subject to the TOS.

3. Your Obligations as a Visitor

In exchange for your use of the Services, you agree to provide true, accurate, current and complete information about yourself when we kindly ask for such information (e.g., mailing lists, registration forms, etc.). If you provide any information that is untrue, inaccurate, not current or incomplete, or &BACK has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, &BACK has the right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).

&BACK collects personal contact information that you provide (for example, name, address, email address and telephone numbers). This information is used to fulfill your request, respond to your inquiries and (if you ask us to keep you in the loop), empower you to take world-changing actions on issues and programs that are important to you.

4. Visitor Conduct

All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you are responsible for any Content that you upload, post, email, transmit or otherwise make available via the Services (and &BACK will not be responsible). &BACK will have limited control of the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will &BACK be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via any of the Services.

You agree to not use any of the Services to:

• Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
• Harm other visitors in any way;
• Impersonate any person or entity, including, but not limited to, an &BACK staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• Intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law;
• “Stalk” or otherwise harass another user of the Service or other person; or
• Collect or store personal data about other users.

You acknowledge that &BACK may not pre-screen Content, but that &BACK and its agents and designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Without limiting the foregoing, &BACK and its agents and designees shall have the right to remove any Content that violates these TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by &BACK or submitted to &BACK.

You acknowledge and agree that &BACK may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with court order, legal process or the inquiry of any court, administrative proceeding, regulatory body or other judicial proceeding; (b) enforce these TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of &BACK, our visitors and the public.

5. International Use

Recognizing the global nature of the Internet, that visitors to the Sites may be reside in many different countries, and that &BACK is an international organization which conducts work in several countries around the world, you agree to comply with all applicable local rules (regardless of where you reside) regarding online conduct and acceptable Content. You also understand and agree that your Personal Information may be shared outside of the country in which you reside and may become subject to the laws of those countries. You also specifically agree to comply with all applicable laws regarding the transmission of technical data exported from Canada, the United States, the United Kingdom or the country in which you reside.

6. Materials Submitted or Made Available for Inclusion on the Service

&BACK does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant &BACK the following worldwide, royalty free and non-exclusive license, as applicable:

With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

7. Exemption from Penalties

You agree to exempt from penalties and hold &BACK, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service or your violation of any rights of another.

8. Other Web Links

The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because &BACK has no control over such sites and resources, you acknowledge and agree that &BACK is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that &BACK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. General Information

These TOS constitute the entire agreement between you and &BACK and govern your use of the Services, despite any prior agreements between you and &BACK. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Content, or third-party software. The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern the TOS, and the relationship between you and &BACK. You and &BACK agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of &BACK to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

10. Modifications to Service

&BACK reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that &BACK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. Termination

You agree that &BACK, in its sole discretion, may remove your information from our database system or use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if &BACK believes that you have violated or acted inconsistently with the letter or spirit of the TOS. &BACK may also in its respective sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that &BACK may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that &BACK shall not be liable to you or any third-party for any termination of your access to the Service.

12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. &BACK HAS EXPRESSLY DISCLAIMED ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT 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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM &;BACK OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

13. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT &BACK SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF &BACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

14. Violations

Please report any violations of the TOS to &BACK.

15. Privacy Policy

Your privacy is very important to us and we have put together the following Privacy Policy that we require you to review and that is being incorporated by reference. You hereby agree with the terms of our Privacy Policy which may be modified or revised without express notification to you. You can always review the most current version of the Privacy Policy at any time by visiting andback.com and clicking on the Privacy link in the footer.

Read the full Privacy Policy.