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Terms of Use

Welcome to Rainmaker Food Solutions LLC (“Rainmaker”) website www.Tchibo.US (the “Site”), where you can purchase Europe’s Tchibo brand coffee and other products.

The Rainmaker Site Requires Agreement to the Terms of Use

Use of the Site is governed by the Terms of Use on this page, and all terms, policies, guidelines, rules and directions published anywhere on the Site, including the Privacy Policy (all of the foregoing is referred to as the “Terms” or “Terms of Use”).

Your use of the Site constitutes your agreement to the Terms. If you do not agree to and understand the Terms, do not use the Site.

Rainmaker may revise the Terms from time to time as deemed necessary or desirable by Rainmaker in its discretion. The revised Terms will be highlighted here and apply to all use of the Site following such revision. One of Your obligations under these Terms is to visit this page periodically to review the current Terms that will then govern your use of the Site. If You do not agree to any revised Terms, do not use the Site from that point forward. You will still be bound by the prior Terms with respect to Your prior use of the Site.

For easier reading, the Terms define certain commonly used words or phrases. Any individual or entity accessing or using the Site is referred to herein as a “User,” “You” or “Your.”

Limited Permission

Rainmaker provides access to the Site in its sole discretion and solely for your personal use consistent with the Terms. No right or license to use the Site other than as expressly set forth in the Terms is granted. All rights are held by Rainmaker.

We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site by one or more users, including you, at any time and for any reason. You agree that Rainmaker shall not be liable to You for the effect of any modification of the Site, or for any consequence of your access to the Site being terminated.

Modifications to the Site and Access Changes

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part or function thereof with or without notice, including modifications of the price charged for use of existing or future portions of the Site (including requiring a fee for use where none previously existed).

You shall not be charged the new price without your prior consent, but shall be prohibited from use of the corresponding feature from that point forward.

You agree that we shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your account and/or your access the Site, for any reason or no reason, including any breach by you of these Terms or conduct by you that we determine to be inappropriate.

Errors and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information on the Site at any time without prior notice.

Ownership of the Site

You acknowledge and agree that the Site is owned by Rainmaker and that the Site in its entirety and portions thereof are protected by applicable intellectual property and other laws.

You acknowledge and agree that you do not acquire any license or ownership rights in, including any intellectual property rights, through your use of the Site. All input, suggestions, or requests for modification of existing or later implemented aspects of the Site shall be owned by Rainmaker.

Except as expressly authorized by us, pursuant to these Terms or other written agreement, you agree not to copy or create derivative works based on the Site.

Respecting Intellectual Property and Other Rights

You acknowledge that the Site may also contains content that is proprietary to third parties or information subject to disclosure restrictions. You agree that you shall not use any information or content obtained from the Site for any purpose other than using the Site in accordance with the Terms.

You are prohibited from using the Site in a manner that interferes with or would reasonably be expected to negatively affect other users’ ability to interact with the Site. Without limitation as to other restrictions, users shall not use or attempt to use the Site for the purpose of:

  • Harassment, threatening or engaging in abusive conduct;
  • Communicating in any manner that is libelous or defamatory or invades the privacy of any person;
  • Communicating expressions of hatred, bigotry, racism or pornography;
  • Violating any law, committing any deception, or breaching any contractual or fiduciary obligations; and/or
  • Transmitting advertisements without prior written authorization from Rainmaker.

You acknowledge that the information and content on the Site is made available solely based on the existence of and adherence to these Terms by users. You, a user, agree that you will not:

  • use or attempt to use the Site to transmit any harmful or unwanted computer code or software, including but not limited to viruses, malware, spyware or ransomware;
  • interfere with, disrupt or attempt to disrupt the operation of the Site, or any servers or networks connected to the Site;
  • override, circumvent, or interfere with, any security or Site access controls, or attempt any of the foregoing;
  • use any automated method to access or use the Site without prior written authorization from Rainmaker;
  • process, computer code or software, to “scrape” the information and content on the Site without prior written authorization from Rainmaker; and
  • reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Site.

Notices

The Site may provide notices to you including, without limitation, notices of changes to these Terms or other matters by displaying such notices on the home page of the Site and on this page. You agree that it is your responsibility to review all such notices to be aware of updates and changes.

Digital Millennium Copyright Act

We are under no obligation to, and do not, scan content used in connection with the Site, nor do we monitor the conduct of members, for the use or inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.

If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;

(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;

(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

(f) a statement that the information in the notification 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.

All DMCA notices should be sent to:

Rainmaker Food Solutions, LLC Attn: Legal Compliance 22857 Saint Andrews Drive Southline, MI info@rainmakerfoodsolutions.com Ph: 855-777-3223

Choice of Law

These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, in the State of New York. If any provision of these Terms 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 these Terms remain in full force and effect.

Third-Party Website and Resources and User Generated Information (“Third Party Resources”)

The Site may provide links to third party website and resources, and may provide access or expose you to social media, and user generated information (“Third Party Resources”). You acknowledge and agree that we have no control over Third Party Resources, and you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through or provided by such Third Party Resources. While Rainmaker maintains these Terms, You understand and You agree that we cannot control third parties and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with Third Party Resources.

We may enable social media connectivity on the Site from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these Terms. However, those social media website or applications are also Third-Party Resources. If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective platform.

This function is intended to enable us to connect with social media websites so that you can send newsfeeds about your activities to each of these websites. Such social media website may also be able to use information about action you take on our Site.

However, note that where you choose to publish or share information through the social media links, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site, you do so at your own risk.

Disclosures, Warnings and Disclaimer of Warranties

Rainmaker maintains these Terms to protect Rainmaker’s operations and rights, and because Rainmaker desires to foster the integrity of the Site. However, you understand that these objectives are aspirational. Rainmaker cannot control users of the Site and therefore cannot guarantee that users of the Site will adhere to Rainmaker’s Terms. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE.

WE MAKE NO WARRANTY THAT THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.

ANY MATERIAL OBTAINED FROM THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES THEREOF.

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.

Indemnification

You agree that you shall indemnify Rainmaker for any claims or damages suffered by Rainmaker as a result of their activities in connection with the Site and other users. You agree to hold Rainmaker, and its subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any claim arising out of or related to your use of the Site or use of any information or content on the Site.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Submission of Information to Rainmaker

You represent and warrant that:

  • Your use of the Site is in your personal, individual capacity, or on behalf of an entity which has authorized you to use the Site on the entity’s behalf;
  • If You register, subscribe or otherwise identify Yourself to Rainmaker or another User, You shall identify Yourself accurately and shall not create a fake identity;
  • You are over eighteen (18) years of age;
  • If you provide any information or content to the Site, you are fully authorized to do so, and all such information is true and correct; and
  • You are the owner or authorized user of all information and content submitted to the Site including all right and authority to grant the license granted to Rainmaker herein.

By submitting information or content to the Site, including ideas or suggestions, You thereby grant to Rainmaker an irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, for commercial or other purposes, including exploitation thereof without compensation to You. You also grant to Rainmaker the right to sublicense the foregoing for the purpose of facilitating Rainmaker’s exercise of the foregoing rights.

Accounts

Rainmaker may enable or require Users to create accounts for access to all or a portion of the Site. Account creation requires certain personal information and the creation of login and password information (“User Credentials”). Users shall not provide their User Credentials to any other person or entity. You assume full responsibility for use of your User Credentials including keeping such information confidential. You must immediately notify us if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account. You are liable for any and all activities conducted through your account.

All information provided to Rainmaker or using the Rainmaker platform, including but not limited to information provided to create accounts, must be accurate, current and complete.

If You are creating an account for another party, you represent and warrant that you have the authority to legally bind that entity to these Terms.