Terms of service

These Terms apply to the websites at www.thehumanbean.com (the “Site”) and franchise.thehumanbean.com (the “Franchise Site”), and any other website, application or digital property owned by us that points to these Terms (collectively the “THB Services”). Your access to the THB Services is on condition that you do not violate these Terms. The THB Services are owned and operated by Casey Hawkins, Inc. (“THB”). AN AGREEMENT TO ARBITRATE CLAIMS AND CERTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY ARE ESSENTIAL PARTS OF THESE TERMS.  If THB materially alters these Terms in a way that diminishes your rights, THB will notify you about the new Terms. Your continued use of the THB Services after notice of changes means you accept the changes.  If you do not agree to any of the changes, you will (as your sole remedy) stop using the THB Services. However, if applicable law requires us to notify you and seek your consent to the changes by other means, we will follow the applicable law. Your personally identifiable information will be treated in accordance with our Privacy Policy. These Terms can not be changed except as specified, and any attempt by you to modify these Terms unilaterally is void.  

The THB Services are intended for individuals who are at least 16 years of age and residents of the United States. Products advertised for sale through the Site are only available in U.S. stores, or to ship to addresses in the U.S. If you are under 13 years of age, you should not use the THB Services. All discount codes, coupons and similar promotional offers must be entered prior to payment. Misuse of such codes or coupons violates these Terms. 

License to Use 

You may use the THB Services for their intended purposes as long as you comply with these Terms.  

Prohibited Conduct 

You may not use the THB Services to transmit any content or engage in any conduct which: 

  • Infringes any intellectual property right owned by THB or a third party; 
  • Violates these Terms; 
  • Harasses or threatens others;  
  • Involves the use or distribution of malware, meaning and any computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data, resources or user information; 
  • Involves using the THB Services to send unsolicited communications about any goods or services; 
  • Involves accessing the THB Services using any automated means such as bots, harvesters, scrapers, or spiders, except by permission of THB or in accordance with its Robots Exclusion Protocol; 
  • Involves impersonating any person or entity, or misrepresenting your affiliation with any person or entity; 
  • Includes denial of service attacks or other acts that unduly burden the infrastructure of the THB Services; or 
  • Is in violation of applicable law.  

 

We may withdraw permission to use the THB Services at any time, for any reason, including but not limited to your violation of these Terms. In addition to terminating your access, THB reserves all legal rights and remedies in response to a violation of these Terms. 

 

THB Intellectual Property 

The THB Services and their content are protected by copyright, trademark, trade dress and other intellectual property rights. You may only use the THB Services consistently with our rights.  

THE HUMAN BEAN® is a registered service mark of THB. Our marks include, without limitation, the following:  

Mark 

USPTO Registration Number 

THE HUMAN BEAN 

2,493,213 

THE HUMAN BEAN ESPRESSO COFFEE ETC. 

2,760,822 

THE HUMAN BEAN DRIVE THRU 

2,805,579 

H2B 

3,264,873 

 

5,545,858 

 

5,545,866 

 

The THB logos, and other trademarks, service marks, labels, product and service names (“Marks”) are owned or licensed by THB. You will not use the Marks in any way likely to cause confusion, or in connection with any product or service that is not authorized or sponsored by THB. A fair use of the Marks is use to refer to us consistent with the preceding sentence. The THB Services, and all their content including without limitation look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, content in html and other markup languages, and all scripts associated with it are owned by THB or by its licensors or content providers.  Reproduction or republication of entire THB Sites is strictly prohibited. Any content copied, downloaded or printed from the THB Services must retain all copyright, trademark and other notices of proprietary rights. The device of a user, who is using the THB Services as intended, may store and display certain content from the THB Services. 

Required Notices Via Email 

You agree to receive exclusively via email, to the address last provided by you to THB, any notice that we are required to send to you. You will keep your contact information current and promptly notify THB if you discover any unauthorized use of your information. 

Representations and Indemnification 

You represent that any information you provide through the THB Services is true, current, and complete. You agree to defend, indemnify and hold harmless THB and its officers, directors, employees, and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”) arising from or related in any way to your misuse of the THB Services, or your breach of your representations, or your breach of any material provision of these Terms. 

Disclaimer of Warranties 

THB strives to provide the THB Services in accordance with industry standards for accuracy, reliability, and security. However: 

  • Your use of the THB Services is at your sole risk. The THB Services are provided on an “as is” and “as available” basis. THB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that information provided by the THB Services will fulfill any of your particular purposes or needs. 
  • THB does not guarantee or warrant that your use of the THB Services will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the THB Services will be accurate or reliable; or that any errors in the technology will be corrected. 
  • No information, whether oral or written, obtained by you from THB or through a THB Service will create any warranty not expressly stated in these Terms. 

Limitations and Exclusions of Liability 

To the extent permitted by applicable law, THB will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, or the cost of getting substitute goods or services, or the use, inability to use, unauthorized use, performance or non-performance of any third-party account (even if THB has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from your use of or inability to use the THB Services. If you are dissatisfied with the THB Services, or any of the information contained therein, or if you refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use.  If you are a California resident, you waive the provisions of Section 1542 of the California Civil Code, which states as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, and any other municipal, local, state, or federal law, common or statutory, which may have arisen, or which may arise, prior to, or at the time of, the execution of this Agreement.” 

Disputes and Arbitration 

Any claim or controversy arising out of or relating to the use of the THB Services, other goods or services provided by THB, or any acts or omissions for which you may contend THB is liable, including any claim or controversy as to arbitrability (“Dispute”), will be finally and exclusively settled by arbitration. The arbitration will be before one (1) arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA rules”). The arbitration will take place in a venue reasonably convenient to you. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties will select an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms, the parties will jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin arbitration, you must make a written demand for arbitration. This agreement is not an agreement to joinder or consolidation of arbitration with arbitration of disputes or claims of any non-party, regardless of the nature of the issues involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.    

THIS AGREEMENT PROVIDES THAT DISPUTES BETWEEN YOU AND THB WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT BY A JUDGE OR JURY.  

If this arbitration agreement is deemed inapplicable or unenforceable by a court of competent jurisdiction, or in any instance of any lawsuit between you and THB, sole jurisdiction and venue will be in the state or federal courts of Oregon. If either party employs attorneys to enforce any right in connection with any dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs, both at trial on appeal. 

General Terms 

These Terms constitute the entire agreement between you and us with respect to their subject matter. If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws. These terms are deemed made and fully performable in Jackson County, Oregon. 
 
© 2003-23 Casey Hawkins, Inc. All rights reserved.