Online Barista Training Terms & Conditions

  TERMS OF SERVICE of ONLINE BARISTA TRAINING (For our Privacy Policy, Click Here) —– Welcome to Online Barista Training! The Online Barista Training Website and services are provided by Bellissimo Coffee Advisors (“Online Barista Training”, “we” “us” or “our”). These Terms and Conditions ( “Terms” or “Terms and Conditions”) govern your (“you” or “your”) access to and use of the Onlinebaristatraining.com web site (the “Website”) and all services provided by Online Barista Training via the Website including without limitation our monthly subscription and service (collectively, the “Services”). Online Barista Training provides a subscription service for a monthly subscription to barista training. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Online Barista Training Privacy Policy available on the Website at the following link: https://onlinebaristatraining.com/privacy-policy/ Acceptance of Terms By using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at  https://onlinebaristatraining.com/terms-and-conditions/ ‎   Scope of Service Online Barista Training maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. Website Content Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website. Registration and Membership; Product Sales In order to start your ongoing Online Barista Training monthly subscription, you must register as a member on our Website. To register you can simply provide your address and billing information, and your valid email address and password to create your login profile. For your convenience as an Online Barista Training member, all information that you provide to Online Barista Training is subject to Online Barista Training‘s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Website. As a registered user of Online Barista Training, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter. You may opt-out from receiving special promotions or our newsletter by emailing [email protected] or selecting to unsubscribe as may be provided in the applicable e-mail correspondence. Monthly Subscriptions; Automatic Renewal; Cancellation Policy As a subscribed Online Barista Training member, you will have access to our online videos and content. There will periodic updates and changes to material in order to keep everything up to date, relevant, and to help you continue your learning. CONTINUOUS SUBSCRIPTION AND AUTOMATIC RENEWAL TERMS. BY SUBSCRIBING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (1) ONLINE BARISTA TRAINING (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY OR ANNUAL BASIS AT THE THEN-CURRENT SUBSCRIPTION RATE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES WITHOUT FURTHER AUTHORIZATION FROM YOU, AND (2) YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR SUCCESSIVE MONTHLY PERIODS UNTIL YOU CANCEL YOUR MONTHLY SUBSCRIPTION RENEWAL. CANCELLATION POLICY. If you are not completely satisfied with Online Barista Training, you can cancel your membership and discontinue your monthly payments at any time. In order to cancel before you are re-billed for the next month, you need to log in to your account, click “My Account,”scroll the bottom of the page and hit the button which reads, “Cancel/Close Account.” If you have any issues, please e-mail your request with date of cancellation to [email protected]. Subscriptions for Onlinebaristatraining.com does not accept returns for online subscription services. Upon cancellation, the subscription will run to the end of the subscription period. The subscription will not be a pro-rated or refunded. All sales are final because the data delivered by Onlinebaristatraining.com cannot be returned once access is granted. Please preview the available content we offer before you buy to make sure you feel that the subscription is worth the subscription fee. Contact [email protected] or call 800-655-3955 for questions regarding this policy.  Billing and Payments All information that you provide to register with Online Barista Training including your credit card information is subject to Online Barista Training‘s Privacy Policy. The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of Products. We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Online Barista Training the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Online Barista Training will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current versions is attached as a link at https://www.braintreepayments.com/legal. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology. International Access This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations. Limitation of Liability IN NO EVENT SHALL ONLINE BARISTA TRAINING OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE ONLINE BARISTA TRAINING’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ONLINE BARISTA TRAINING IN THE THEN-PRIOR CALENDAR MONTH. Indemnification By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Online Barista Training from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account. Content Submitted by Users Accuracy: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you. Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Online Barista Training. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website. Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that Online Barista Training, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website. Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Online Barista Training, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions. Prohibited Content By accessing our Website or any chat room, online discussion forum, or other service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
  • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Online Barista Training.
  • Use a name or language that Online Barista Training, in its sole discretion, deems offensive.
  • Post defamatory statements.
  • Post hateful or racially or ethnically objectionable Content.
  • Post Content which infringes another’s copyright, trademark or trade secret.
  • Post unsolicited advertising or unlawfully promote products or services.
  • Harass, threaten or intentionally embarrass or cause distress to another person or entity.
  • Impersonate another person.
  • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
  • Exploit children under 18 years of age.
  • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
  • Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
  • Obtain unauthorized access to any computer system through the Website.
  • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
  • Solicit personal information from children under 13 years of age.
  • Violate any federal, state, local, or international law or regulation.
  • Encourage conduct that would constitute a criminal or civil offense.
Submitted Content Online Barista Training does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Online Barista Training a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Online Barista Training the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. Online Barista Training will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you. Minors Online Barista Training services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers. Intellectual Property Rights Unless otherwise noted, all Content contained on this Website is the property of Online Barista Training and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners. We do not claim ownership of Content submitted by users without compensation by Online Barista Training and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems. Copyright Infringement; Notice and Take Down Procedures If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers. Security When you register to participate in Online Barista Training services on this Website, you may be required to establish a login identifier and a password. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your login and password. Disclaimer of Warranty YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR YOUR USE AND CONSUMPTION. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES. Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN ONLINE BARISTA TRAINING’S DISCRETION. YOU MAY RETURN DEFECTIVE PRODUCTS WITHIN THIRTY (30) DAYS OF DELIVERY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ONLINE BARISTA TRAINING DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Exclusions 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. Links to Third-Party Websites This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Online Barista Training, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites. No Implied Endorsements In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Online Barista Training of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Online Barista Training does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution. Jurisdictional Issues We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. Termination We may terminate any user’s monthly subscription or access to our Website or Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services. Severability If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Entire Agreement These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting. For Additional Information If you have any questions about these Terms and Conditions, please contact [email protected] Bellissimo Coffee Advisors 1028 SE Water Ave. Suite 275 Portland, OR 97214