Terms of Use

Last Revised: MAY 10, 2016

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

These Terms of Use apply to your access to, and use of, all or part of any website or mobile application of Park Avenue Coffee or its subsidiaries and affiliated companies including Ann & Allen Baking Company and any other site.

This agreement contains disclaimers and other provisions that limit our liability to you.

In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on our site, these Terms of Use will govern.

While we make efforts to provide accurate information about Park Avenue Coffee on our website, you should not assume that information is up to date or relevant.

Park Avenue Coffee reserves the right to change or modify these Terms of Use or any policy or guideline of the site, at any time and in its sole discretion. If we make material changes to these Terms of Use, we will inform you by posting a notice on the site(s). Any changes or modifications will be effective immediately upon posting the revisions to the site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the site will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our site. If you do not agree to the amended terms, you must stop using the site.

Eligibility, Registration and Account

The site are not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE SITE. If you are between the ages of 13 and 18, you may only use the site under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. 

In order to participate in certain areas of our site, you will need to register for an account. You agree to (a) create only one account; (b) provide accurate, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Park Avenue Coffee if you discover or otherwise suspect any security breaches relating to the site; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Site Disclaimer

The materials and information on the site may include technical inaccuracies or typographical errors. The materials, information and services on the site are provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Park Avenue Coffee disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, availability, that the site is free from viruses, and non-infringement as to the site and the information, content and materials contained therein.

Copyright and Limited License

Unless otherwise indicated, the site and all content and other materials therein, including, without limitation, the Park Avenue Coffee logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Park Avenue Coffee or its licensors or users and are protected by U.S. and international copyright laws. 

You are granted a limited, non-sublicensable license to access and use the site for personal, informational and shopping purposes only. Such license is subject to the Terms of Use and does not include: (a) any resale or commercial use of the site or Site Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials; (d) modifying or otherwise making any derivative uses of the site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the site, the Site Materials or any information contained therein, except as expressly permitted on the site; or (g) any use of the site or the Site Materials other than for their intended purpose. Any use of the site or Site Materials other than as specifically authorized herein, without the prior written permission of Park Avenue Coffee, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith.

Trademark Information

Park Avenue Coffee and the Park Avenue Coffee logo are registered trademarks of Park Avenue Coffee. All other Park Avenue Coffee trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the site are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Park Avenue Coffee or its affiliates or licensors. Restrictions on Use

The site may include interactive areas in which you or other registered users may create, post, send or store messages, materials, data, information, text, music, sound, photos, video, graphics, applications, tags, code, links or other items or materials on the site ("User Content"). By using the site, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the site any of the following: 

  1. Unless specifically requested by Park Avenue Coffee, any “sensitive” personally identifiable information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, social security numbers, credit cards, bank accounts or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters); 
  2. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, otherwise objectionable or which threatens our relationships with our employees, partners, customers or suppliers; 
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; 
  4. User Content that impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; 
  5. Spam, direct marketing communications or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content; 
  6. User Content that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any party or that creates liability or violates any applicable local, state, national or international law; 
  7. Viruses, spyware, Trojan horses, Easter eggs or any other harmful, disruptive or destructive files; and 
  8. User Content that violates these Terms of Use or, in the sole judgment of Park Avenue Coffee, is objectionable, restricts or inhibits any other person from using or enjoying the site or which damages the image or rights of Park Avenue Coffee, other users or third parties. 

You further agree not to (i) use technology or other means to access Park Avenue Coffee or the site or Site Materials that is not authorized by Park Avenue Coffee; (ii) use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access Park Avenue Coffee or the site or Site Materials; (iii) attempt to gain unauthorized access to Park Avenue Coffee computer network or user accounts; or (iv) attempt to damage, disable, overburden, or impair Park Avenue Coffee servers or networks. 

Park Avenue Coffee does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Park Avenue Coffee liable for any user conduct or any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. The interactive areas are generally designed as open and public community areas for connecting and sharing with other people. When you participate in these areas, you understand that certain information and content you choose to post may be displayed publicly. You are solely responsible for your use of the site and agree to use the interactive areas at your own risk. 

If you become aware of User Content that you believe violates these Terms of Use you may report it by contacting Park Avenue Coffee. Enforcement of these Terms of Use, however, is solely in our discretion and absence of enforcement in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the site will not contain any content that is prohibited by these Terms of Use. Although Park Avenue Coffee has no obligation to screen, edit or monitor any of the User Content posted on the site, Park Avenue Coffee reserves the right, and has absolute discretion, to remove, screen or edit any User Content on the site at any time and for any reason without notice. You are solely responsible for creating backup copies and replacing any User Content you post or store on the site at your sole cost and expense. 

If you are viewing the site on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off the site and the computer system you are using to prevent unauthorized User Content.

Links to Site

You are granted a limited, non-exclusive right to create text hyperlinks to the site for noncommercial purposes, provided such links do not portray Park Avenue Coffee in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Park Avenue Coffee's logo or other proprietary graphics to link to our site without our express written permission.

Third Party Content, Products and Services (including Advertising and Promotions)

Park Avenue Coffee may provide third party content on the Site (including embedded content) and links to web pages and content of third parties, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Park Avenue Coffee of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Park Avenue Coffee is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you visit other site via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our terms and policies no longer govern, and that the terms and policies of those third party site will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Site.

Limitation on Liability

To the maximum extent permitted by applicable law, Park Avenue Coffee and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the site, the content or the materials contained in or accessed through the site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Park Avenue Coffee, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Park Avenue Coffee's records, programs or services. In no event shall the aggregate liability of Park Avenue Coffee, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the site, exceed any compensation you pay, if any, to Park Avenue Coffee for access to or use of the Site. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Park Avenue Coffee, its independent contractors, service providers and consultants, and their respective directors, officers, employees, agents, parents, subsidiaries, and other affiliates, from and against any claims, suits, damages, costs, liabilities, penalties, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the site; (b) any User Content or Ideas you provide; (c) your violation of these Terms of Use; (d) your violation of any rights of any third party; or (e) your conduct in connection with the site. Park Avenue Coffee reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

Modifications to the Site

Park Avenue Coffee reserves the right to modify or discontinue, temporarily or permanently, the site or any features or portions thereof without prior notice. You agree that Park Avenue Coffee will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

Termination

Notwithstanding any of these Terms of Use, Park Avenue Coffee reserves the right, without notice and in its sole discretion, to terminate your license to use the site and to block or prevent your future access to and use of the site. Park Avenue Coffee failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

Severability

If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Contact Us

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the site.

You may contact us at:

Park Avenue Coffee

5105 Columbia Avenue

St. Louis, MO 63139

Phone: 1.314.265.5000