1. Introduction

These Terms and Conditions (“Terms”) govern your access and use of the website www.CutbowCoffee.com (“Website”), operated by Cutbow Coffee Roasting Company (“we”, “us”, or “our”). Please read these Terms carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

2. Use of the Website

You may use the Website for its intended purpose, which is to purchase coffee, merchandise, and related services offered by us. You may not use the Website for any other purpose, including, but not limited to, any illegal or unauthorized activity. 

3. User Content

You may be able to submit content to the Website, such as product reviews, photos, or comments. You are solely responsible for the content you submit. You represent and warrant that the content you submit:

• is your original creation and you own all necessary rights to it;
• does not violate any third-party rights, including intellectual property rights or privacy rights;
• is not illegal, obscene, defamatory, or otherwise harmful; and
• complies with all applicable laws and regulations.

We reserve the right to remove any content from the Website at any time for any reason, without notice.

4. Intellectual Property

The Website and its content, including text, graphics, logos, images, designs, and software, are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws. You may not use any of our intellectual property without our express written permission.

5. Disclaimer of Warranties

The Website is provided “as is” and without any warranties, express or implied. We disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Website will be uninterrupted, error-free, or secure.

6. Limitation of Liability

We will not be liable for any damages, including, but not limited to, direct, indirect, incidental, consequential, or punitive damages, arising out of or in connection with your use of the Website.

7. Indemnification

You agree to indemnify and hold us harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of the Website or your violation of these Terms.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of laws provisions.

9. Dispute Resolution

Any dispute arising out of or in connection with these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be held in Albuquerque, New Mexico. The decision of the arbitrator shall be final and binding on the parties.

10. Shipping Policy

All of our orders are shipped via USPS or UPS. You will receive an email update with your tracking number once your order has shipped.

11. Delivery Times:

All orders are processed within 3 business days. Orders are not shipped on Sundays, Mondays or holidays. Nationwide shipping delays (such as those caused by holiday volumes or inclement weather conditions) may have an impact on your estimated delivery date.

12. Missing Orders

If the order appears to be lost during shipping, always contact Cutbow Coffee Roastology first. Do not attempt to file a claim with USPS or UPS yourself. Cutbow Coffee Roastology will file a claim on your behalf, and a refund will be issued if approved by USPS or UPS. Cutbow Coffee Roastology is not responsible for orders after they have been delivered.

13. Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Website. These Terms supersede all prior or contemporaneous communications and proposals, whether oral or written.

14. Amendments

We may amend these Terms and Conditions at any time by posting the amended Terms on the Website. The amended Terms will be effective immediately upon posting. You are responsible for reviewing the Terms periodically for updates.

15. Links to other sites

Our website may contain links to third-party web sites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

16. Termination

We may terminate your access to the Website at any time for any reason, without notice.

17. Contact Us

If you have any questions about these Terms, please contact us by email at [email protected].