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This website (“Site”) is operated by TWAS Cafe LLC (“TWAS Cafe” or “TWAS”), a limited liability company, organized in the state of Colorado. Throughout this Site, the terms “we”, “us” and “our” refer to TWAS Cafe LLC and www.twascafe.com. TWAS Cafe provides this Site, including all information, features, and services (“Services”) available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our Site and/or making a purchase from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please review these Terms carefully before accessing or utilizing our Site. You agree to be bound by the Terms by accessing or using any part of our website. You should not access or utilize our website if you do not agree to all Terms. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
Any future developments or features added to the online store will be subject to the Terms. The Terms of Service can be reviewed at any time on this page. We reserve the right to update, revise or remove any part of these Terms with a post or update to our website. It is your responsibility to review the Terms of Service. Your continued use of, or access to, the website after the posting of any changes constitutes acceptance of those changes.
Our online store is hosted by www.GoDaddy.com and provides this online e-commerce platform in order for us to make our Service available you.
1. TERMS
By agreeing to these Terms, you represent that you are, or are at least, eighteen (18) years of age; and have given us, your consent to allow any of your minor dependents to use this Site, if applicable. You may not use our items or website for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any viruses or code of a destructive nature. Any breach or violation of the Terms of Service can result in an immediate termination of services, without notice from us.
2. GENERAL CONDITIONS
TWAS Cafe reserves the right to refuse service to any person, at any time or place, for any reason. You understand that your information (except for credit card details), may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer(s) over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of our services, access to or use of our services, or any contact on the website, without the express written consent from us. The headings listed within this agreement are stated for convenience purposes only and do not limit or otherwise affect these Terms.
3. INFORMATION TIMELINESS, ACCURACY, AND COMPLETENESS
TWAS Cafe is not responsible for any information made available on this website that is not accurate, complete, or current. The content on this website is provided for general information purposes only and should not be relied upon or used as the sole basis for making a purchase without consulting any primary, more accurate, more complete, or timelier source(s) of information. Any reliance on the content on this website is at your sole risk. Historical or archived information may be listed on the website. Such information is not considered current and is provided for information and/or references only. We reserve the right to revise the contents of this website at any time, but we are not obligated to update any information on our website. You agree that it is your responsibility to monitor the website for any updates and/or revisions.
4. PRICING AND SERVICE
The pricing for our products is subject to change without notice. TWAS Cafe reserves the right, at any time, to revise, discontinue, or cancel its Service without notice. TWAS Cafe is not liable to you or any 3rd party for any update, price change, cancellation or discontinuance of service.
5. PRODUCTS AND SERVICES
Certain items may be available exclusively through the website. Items may be limited in quantity and are subject to return or exchange pursuant to our Return and Refund Policy. TWAS Cafe makes reasonable efforts to display images and colors of its products as accurately as possible. TWAS cannot guarantee the accuracy of your computer monitor's display screen of any color (or any other digital display screen utilized in the purchase of an item). We reserve the right, but are not obligated, to discount and/or limit the number of sales made, or items sold, to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case event, as legally permitted. All descriptions or pricing of items are subject to change, at any time, without notice, and at the sole discretion of TWAS Cafe. We reserve the right to discontinue an item at any time. An offer for sale of any item on this website is void where prohibited by law. TWAS Cafe does not guarantee the quality of any products, service, information, or other content purchased or obtained by you, from us and/or this website, will meet your expectations, or that any errors in service will be corrected.
6. BILLING AND ACCOUNT INFORMATION
TWAS Cafe reserves the right to refuse any order placed with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card information, and/or orders that use the same billing and/or shipping address. If we make a revision to, or cancel, an order, we will attempt to notify you by the email and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate account information for all purchases made by you. You agree to promptly update your account and other relevant information, including your email address and credit card details, to complete your transactions and contact you as necessary. The submission of your personal information to us is governed by our Privacy Policy.
7. THIRD-PARTY FEATURES
This website may provide access to 3rd party features, for which we do not monitor, do not have any control over, nor have any input. You acknowledge and agree that TWAS Cafe provides access to ”as-is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement from or by TWAS Cafe. We have no liability, of any kind, arising from or relating to the use of 3rd party features or services. The use of any 3rd party feature via this website is entirely at your own risk and discretion. At times, TWAS Cafe may offer new services and/or features via the website (including the release of new features and resources). Any new feature and/or resource offered shall also be subject to these Terms of Service.
8. THIRD-PARTY LINKS
Some content, products, and services available via our Service may include materials from 3rd parties. Third-party links on this Site may direct you to 3rd party websites, that are not affiliated with TWAS Cafe. We do not, nor are not responsible for, examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any 3rd party materials or websites, or for any other products or services of 3rd parties. We are not liable for any harm or damages related to the purchase or usage of goods, services, resources, content, or any other transaction made in connection with any 3rd party websites. Please carefully review 3rd party policies and practices and ensure you understand them thoroughly before engaging in a transaction. Complaints, claims, concerns, or questions relating to 3rd parties and/or their products should not be directed to TWAS Cafe.
9. COMMENTS, FEEDBACK, AND SUBMISSIONS
If you send certain specific submissions (i.e., contest entries, update communication requests, etc.), with or without a request from us, or you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, postal mail, or otherwise (collectively, “comments”), you agree that TWAS Cafe may, at any time, without restriction, edit, copy, publish, distribute, translate and/or otherwise use in any medium any Comments that you forward to us. We are, and will be, under no obligation to: (a) maintain any Comments in confidence; (b) pay compensation for any Comments; or (c) acknowledge or respond to any Comments received. We may, but are not obligated to monitor, revise, or remove any content that we determine in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any of these Terms. You agree that any Comments you provide will not violate any rights of any 3rd party, including copyright, trademark, privacy, or other personal/proprietary rights. You further agree that any Comments will not be libelous or otherwise unlawful, abusive, or obscene in nature, nor contain any computer viruses or other malware that could in any way affect the Service’s operation or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or any 3rd parties as to the origin of any Comments. You are solely responsible for any Comments made or provided by you, as well as, for the accuracy of such Comments. TWAS Cafe is not responsible, nor assumes any liability for Comments posted by you or any 3rd party.
10. ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our website, or in services, that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any such events, and to revise or update information, or cancel orders, if any information in the Service or on any related website is inaccurate, at any time, without prior notice (including after you have submitted an order). We are not obligated to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
11. PROHIBITED USAGE
In addition to other prohibitions set forth by TWAS, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of our Service or any related website for violating any of the prohibited uses.
12. WARRANTIES AND LIMITATION OF LIABILITY DISCLAIMERS
TWAS Cafe does not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk and discretion. The Service and all items delivered through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. At no time will TWAS Cafe, its owner(s), officers, affiliates, agents, suppliers, service providers or licensors, as applicable, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any item, usage of Service, or for any other claim related in any way to the use of an item purchased from us or service provided via the website, including, but not limited to, any errors or omissions in content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or item) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability is limited to the maximum extent permitted by law in the states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless TWAS Cafe and any affiliates, partners, owner(s), officers, agents, contractors, licensors, service providers, subcontractors, and suppliers, as applicable, harmless from any claim or demand, including reasonable attorneys’ fees, made by any 3rd party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a 3rd party.
14. SEVERABILITY AND TERMINATION
In the event that any provision of these Terms is deemed to be unlawful, void or unenforceable, such provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable language are to be deleted from these Terms, and such change(s) shall not affect the validity and enforceability of any remaining portions of the Terms.
Any parties’ obligations and liabilities incurred prior to the termination date will survive the termination of this agreement for all purposes. The Terms remain effective unless, and until, terminated by either you or us. You may terminate these Terms at any time by notifying us or when you cease using the website.
If determined by TWAS Cafe's sole-discretion that you fail, or we suspect that you have failed, to comply with any Terms, TWAS Cafe may terminate, at any time, without notice to you, and you will remain liable for all amounts due, up to and including, the date of termination.
15. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms does not constitute a waiver of any rights or provisions. The Terms and any policies or operating rules published on this site or relating to the Service constitutes the entire agreement and understanding between you and TWAS Cafe and governs your usage of the Service, superseding any prior and/or current agreement, terms, communications and/or offers, whether verbal, electronic, or written, between you and TWAS Cafe. The drafting party of these Terms is not liable for any ambiguities in the interpretation of these Terms.
16. TERM REVISIONS
The most current version of the Terms of Service can be viewed on this page at any time. TWAS Cafe reserves the right, at its sole discretion, to update, revise or remove any part of these Terms by posting revised Terms. It is your responsibility to review the Terms on this page periodically. The continued usage of, or access to, our website, or Service, constitutes your acceptance of the Terms of Service including current and future updates, as applicable. TWAS Cafe is not liable for your failure to review the Terms of Service.
17. GOVERNING LAW
The Terms of Service and any other agreement or related interactions between you and TWAS Cafe are governed by and construed in accordance with the appropriate laws of United States.
18. CONTACT INFORMATION
Inquiries regarding these Terms can be sent to TWAS Cafe via:
Email: namaste@twascafe.com
Mailing address: PO Box 440800, Aurora, CO 80044
***TWAS does not ship to: Alaska, Hawaii, or Puerto Rico***
Copyright © 2023 TWAS Cafe LLC - All Rights Reserved.
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