Terms and Conditions of Use
Date of Last Revision: October 8, 2010
This is the Website (the “Website”) of Bunn Gourmet. Your voluntary access and use of our Website signifies your acknowledgment and assent to the Terms and Conditions of Use set forth below. If you do not agree to these Terms and Conditions of Use, please do not use this Website.
Acceptance of Terms THESE TERMS AND CONDITIONS OF USE (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND BUNN GOURMET governing your use of this Website, www.bunngourmet.com, and any other website controlled by Bunn Gourmet. By accessing and/or using this Website you signify that you have read, understand and agree to be bound by the Terms and any other applicable law. You shall also be subject to any additional terms posted with respect to individual sections of this Website. If you do not agree with these Terms, please discontinue using this Website.
Bunn Gourmet may change these Terms at any time without notice, effective upon its posting to the Website. You agree to review these Terms regularly to make yourself aware of any changes. Your continued use of the Website shall be considered your acceptance of the revised Terms.
Your use and browsing of this Website is at your risk. If you are dissatisfied with any of the materials contained in this Website, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using this Website.
Contact Us If you have questions or comments, please contact us at:
Address: Bunn Gourmet 1400 Stevenson Drive Springfield, Illinois 62703
Website Content and Use Bunn Gourmet owns all copyrights, and reserves all rights, relating to all Content at this Website. Bunn Gourmet grants those who access this Website limited, nonexclusive permission to download and use materials from the Website (“Content”). You may use the following Content only for your own non-commercial use: Product images (commercial and retail) Operating and Service Manuals Illustrated Parts Guides Product specification sheets Sales material in PDF format Care and cleaning instructions
Nothing in these Terms shall be interpreted as granting any license of intellectual property rights to you.
No right or permission is given to download, copy, use or modify Content from our Website other than those specifically set forth above (even if it is physically possible to save or download such other content from our Website).
You may reproduce and distribute the Content for the following limited purposes: (1) for non-commercial reference and/or informational purposes; (2) for the limited commercial purpose of marketing Bunn Gourmet products and accessories that you sell and services that you provide that make use of Bunn Gourmet products; and
We reserve the right in our sole discretion to terminate or modify permission to use and display the Content, and may request that you modify or delete any use of Content that, in our sole judgment, does not comply with these Terms, or that might otherwise impair our rights in the Content, and you agree to comply with such changes and requests.
The permission to use the Content is subject to the following restrictions:
1. You may not make derivative works of the Content.
2. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website.
3. You must not use the Content in any way that would confuse consumers as to who offers your products and services, or as to the relationship between you and Bunn Gourmet.
4. You may not mimic or make use of our product packaging, product design, Website or advertising in any way that may cause consumer confusion as to the source of your or Bunn Gourmet products and services.
5. You may not use the Content in any parody of Bunn Gourmet, employees of Bunn Gourmet, or Bunn Gourmet’s products, services, or intellectual property.
6. You may not use the Content in any way that would disparage Bunn Gourmet or our reputation and goodwill.
7. You may not use the Content on any aggregation, auction, product comparison or mirror site without prior written permission from Bunn Gourmet.
8. Except for use under the conditions in these Terms, no permission is given to re-post on another website, transmit, change, distribute, sell, or use the Content of this Website (or a portion thereof) for any other purposes, in any media, without prior written approval of Bunn Gourmet.
9. Bunn Gourmet’s permission to use the Content does not create an agency, employment, joint venture, or partnership relationship between you and Bunn Gourmet. You must not use the Content in any way that might mislead consumers into believing that such a relationship exists.
Intellectual Property All intellectual property on the Website (except for User Content) is owned by Bunn Gourmet, which includes materials which may be protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are trademarks or registered trademarks of Bunn Gourmet. All content on the Website (except for User Content), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content ("Content") is a collective work under the United States and other copyright laws and is the proprietary property of Bunn Gourmet. All rights reserved.
Bunn Gourmet trademarks (including any of the trademarks listed below) may only be used to identify authentic Bunn Gourmet products or services and then only in accordance with our Trademark Usage Terms and the Graphics Standards included in those terms. Our logos may only be used without modification as provided on our logo download page, and such use must always comply with the Trademark Usage Terms. Other uses of Bunn Gourmet logos and trademarks is strictly prohibited.
Trademark Attribution Your use of any of the trademarks listed below must be in accordance with our Trademark Usage Terms.
Trademark Paragraph AutoPOD, AXIOM, BrewLOGIC, BrewMETER, Brew Better Not Bitter, BrewWISE, BrewWIZARD, BUNN Espress, BUNN Family Gourmet, BUNN Gourmet, BUNN Pour-O-Matic, BUNN, BUNN with the stylized red line, BUNNlink, Bunn-OMatic, Bunn-O-Matic, BUNNserve, BUNNSERVE with the stylized wrench design, Cool Froth, DBC, Dr. Brew stylized Dr. design, Dual, Easy Pour, EasyClear, EasyGard, FlavorGard, Gourmet Ice, Gourmet Juice, High Intensity, iMIX, Infusion Series, Intellisteam, My Café, PowerLogic, Quality Beverage Equipment Worldwide, Safety-Fresh, savemycoffee.com, Scale-Pro, Silver Series, Single, Smart Funnel, Smart Hopper, SmartWAVE, Soft Heat, SplashGard, The Mark of Quality in Beverage Equipment Worldwide, ThermoFresh, 392, A Partner You Can Count On, Air Brew, Air Infusion, Beverage Bar Creator, Beverage Profit Calculator, Brew better, not bitter., BUNNSource, Coffee At Its Best, Cyclonic Heating System, Digital Brewer Control, Nothing Brews Like a BUNN, Pouring Profits, Respect Earth, Respect Earth with the stylized leaf and coffee cherry design, Signature Series, Tea At Its Best, Phase Brew, The Horizontal Red Line, Titan, trifecta, Ultra, Velocity Brew are either trademarks or registered trademarks of Bunn-O-Matic Corporation.
International Trademark Paragraph (with country/countries of listing) AXIOM - Europe, Mexico; BrewWISE - Canada, Mexico, Japan, Europe, Taiwan, Australia, China, Hong Kong; BrewWIZARD – Canada; BUNN - Korea, Brazil, China, Argentina; BUNN® with stylized redline – Turkey; BUNN Family Gourmet – Canada; BUNN Gourmet Ice – Canada; BUNN Pour-Omatic – Canada, Japan; Bunn-O-Matic (block letters) - Brazil, Japan; BUNNserve - Argentina, Benelux, Canada, China, Europe, UK, Japan, Mexico; Cool Froth - Canada; Dual – Canada; FlavorGard - Canada, Europe, Japan, Taiwan; Gourmet Ice - Taiwan, Mexico; Gourmet Juice – Mexico; High Intensity – Canada; iMIX - Canada, Australia, Europe; Infusion Series - Canada, Japan; My Cafe – Canada; Pour-Omatic – Japan; PowerLogic - Mexico, Canada; Safety-Fresh – Canada; Scale-Pro – Canada; Silver Series - Europe, Canada; Single – Canada; Smart Funnel - Australia, Mexico, Europe, Japan, Taiwan; Smart Hopper – Canada; SmartWAVE - Australia, Canada, Europe, Japan, Mexico, Taiwan; Soft Heat - Argentina, Australia, Canada, China, UK, Japan, Mexico; ThermoFresh - Canada, Europe, Japan, Mexico; 392 – Canada; AXIOM - Canada, Japan; Brew Better Not Bitter – Canada; BrewLOGIC – Canada; BUNNlink – Canada; BUNNSERVE with the stylized wrench – Canada; Bunn-O-Matic (block letters) – Canada, Turkey; Intellisteam – Canada; My Cafe – Europe; Quality Beverage Equipment Worldwide – Canada; Respect Earth - Canada, Europe, Mexico; Titan – Canada, are either trademarks or registered trademarks of Bunn-O-Matic Corporation.
Links Hyperlinking to our Website is permitted only if our Website content is shown in its entirety, without alteration and without framing. You may hyperlink directly to specific pages or files available on our Website provided that your intended visitors’ use is for informational and/or reference purposes only. You may not use links to access pages, files, or graphics on our Website or otherwise use our Website to host content for your website. We are not responsible for (and under no circumstances shall be liable for) updating your website or any links you make to our Website or for providing you notice regarding changes to our Website that may affect your links.
Limitations of Liability Although Bunn Gourmet has attempted to provide accurate information on this Website, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. Bunn Gourmet shall have no liability for incorrectly listed information, including but not limited to, content, text, drawings, specifications, manuals, guides, and prices on this Website and may cancel any affected information, content, or orders at any time upon notice to you.
USER ACCESSES THIS WEBSITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.
NEITHER BUNN GOURMET NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE, THE INABILITY TO USE, THE UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS WEBSITE, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) ANY USER CONTENT, EVEN IF BUNN GOURMET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BUNN GOURMET’S LIABILITY IN ALL EVENTS IS LIMITED TO, AND SHALL NOT EXCEED, THE AMOUNTS, IF ANY, PAID BY YOU TO US DIRECTLY RELATED ONLY TO THE MATTER AT ISSUE. YOUR ONLY REMEDY AGAINST BUNN GOURMET FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE.
BUNN GOURMET EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO GOODS AND SERVICES SOLD ON OR THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
User Content "User Content" includes, but is not limited to, any messages, comment, screen names, computer files, communications, profiles, notes, information, opinions, website links, images, photographs, text, symbols, music, videos, designs, graphics, sounds, and any other content that you and/or other Website users publish, display, upload, disclose, transmit, store, share or otherwise make available ("post") on or through the Website, except to the extent the content is owned by Bunn Gourmet. By posting on the Website you agree to be:
Responsible You are solely responsible for your User Content, your interactions with other users and your activity on the Website. Do not take any action or post anything that may expose Bunn Gourmet or its users to any harm or liability of any type.
Relevant and Constructive Stay on topic and post only constructive comments and questions. Unless the Website feature asks for it, don't talk about policies, future products, speculations, or rumors about Bunn Gourmet and Bunn Gourmet products, or anything else off topic.
Courteous and Appropriate Flaming and insults are prohibited. Do not post User Content, or a link to a website, that, in Bunn Gourmet's sole discretion is considered to be illegal, unlawful, offensive, libelous, defamatory, libelous, infringing, inflammatory, deceptive, inaccurate, misleading, malicious, fraudulent, false, indecent, harmful, harassing, intimidating, threatening, hateful, abusive, violent, vulgar, obscene, pornographic, sexually explicit, invasive of privacy, violates another parties’ right of publicity, intellectual property, proprietary or contractual rights, offensive in a sexual, racial, cultural, or ethnic context, will harm or threaten the safety of others, embarrassing to any other person or entity, encourages conduct that would be considered a criminal offense, give rise to civil liability, or infringes on the ability of others to enjoy the Website, or is otherwise inappropriate or objectionable. Do not post photos or videos of another person or location without consent from the other person or the owner of the location. Do not "stalk," intimidate, abuse, harm or harass another Website user or person.
Private Do not post personal information of your own or another person, including, but not limited to, personal email address, IM address, account information, social security numbers, credit card or banking information, phone number personal phone number, personal address, and personal photograph. Do not collect or solicit personally identifiable information from other Website users or send unsolicited emails or other communications. Do not collect, use, or post on the Website personal information of another person, without their consent or for illegal purposes, including, but not limited to, personal email address, IM address, account information, social security numbers, credit card or banking information, phone number personal phone number, personal address, and personal photograph.
Personal The Website is not to be used for any personal commercial purpose. Do not post nor transmit any advertising, solicitation or commercial content whatsoever on or through this Website or accept payment from a third party in exchange for your performing commercial activity on the Website. Do not post any User Content that involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming." Do not use nor launch automated scripts to collect information from, or otherwise interact with, the Website. Do not use nor launch automated means, including “robots,” “spiders,” or “offline readers” that accesses this Website in a manner that sends more request messages to the Bunn Gourmet servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the website and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content).
Yourself Do not post anonymously or impersonate any person or entity. Do not misrepresent yourself, your age, or your affiliation with any person or entity. Do not register for more than one Bunn Gourmet account, register a Bunn Gourmet account on behalf of another individual, group or entity, or sell or transfer your profile or account. Do not use or attempt to use another person's account, username, or password.
Original You promise that you own or control all rights in any User Content that you post on the Website. You are responsible for ensuring that any User Content that you post does not, and will not, infringe or violate anyone else's rights, including copyright, trademark, patent, trade secret, privacy, publicity or other personal or proprietary rights. You promise not to submit User Content unless you are the owner or have permission from the owner to post such User Content and grant Bunn Gourmet all of the license rights granted in these Terms. You agree to maintain any and all copyright or other proprietary notices embedded in or attached to any User Content.
Legal Do not post any User Content, take any action or use the Website in a way that violates any law, would create liability, or promotes illegal activities. Do not take any action on the Website designed to interfere, disrupt, damage, disable, overburden, or limit the functionality of the Website, servers, or networks connected to the Website, or any computer software or hardware, telecommunications equipment. Do not post User Content that contains software viruses, or any other computer code, files, or programs designed to modify, alter, interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. Do not circumvent, disable, or modify any security or data-protection measures implemented by Bunn Gourmet.
CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THIS WEBSITE OR ANOTHER WEBSITE BY USE OF THIS WEBSITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, BUNN GOURMET RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
Rights to User Content Your User Content is in no way confidential or proprietary. You retain all of your ownership rights in User Content you provide to the Website. By providing User Content you grant to Bunn Gourmet, and warrant you have the right to grant, a non-exclusive, royalty-free, worldwide, irrevocable, transferrable, and perpetual right and license to use in any manner or media now or later developed, for any purpose, editorial, commercial, promotional, advertising, or otherwise, in connection with Bunn Gourmet products, services and other uses of any kind including, but not limited to, the right to translate, display, reproduce, modify, change, adapt, publish, translate, create derivative works, sublicense, distribute, assign and commercialize in whole or in part, without further review or participation from you and without any payment due to you. Bunn Gourmet may license or sublicense, in whole or in part, to third parties rights in User Content as appropriate to distribute, market, or promote such products, services and other uses of any kind. You also agree that we may make User Content available to users of the Website who may display and redistribute it in the same way that we make other Content available.
User grants Bunn Gourmet the right to use, in Bunn Gourmet’s sole discretion, the name or other identification information submitted by User in connection with User Content. User represents and warrants: that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify Bunn Gourmet for all claims resulting from the User Content. Bunn Gourmet takes no responsibility and assumes no liability for any User Content.
Warranty Disclaimer Bunn Gourmet is not responsible or liable for any User Content or other Content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, User Content, Content, and the materials and products on this Website are provided “AS IS” and without warranties of any kind. To the fullest extent permitted by law, Bunn Gourmet disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Bunn Gourmet cannot guarantee and does not promise any specific results from use of the Website. Bunn Gourmet does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Bunn Gourmet does not make any warranties or representations regarding the use of the materials or Content in the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that you download or otherwise obtain Content at your own risk, and that you will be solely responsible for your use and any damage to your computer system, loss of data or other harm of any kind that may result. Bunn Gourmet reserves the right to change any and all Content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Management of User Content The Website may include information from a variety of sources, individuals, and organizations other than and unrelated to Bunn Gourmet. Bunn Gourmet neither endorses nor guarantees the accuracy of any User Content. We do not routinely monitor, preview, censor, approve, edit, or endorse User Content and cannot guarantee that inappropriate, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable material will not be posted. Bunn Gourmet is merely acting as a passive channel for such distribution and is not undertaking any obligation or liability relating to any User Content or activities of users on the Website. We reserve the right (but assume no obligation) to review, edit, move, remove, delete, or refuse to post any User Content from time to time that comes to our attention that we consider in our sole discretion to be unacceptable or inappropriate, whether for legal or other reasons. Conduct by any user that, at the sole discretion of Bunn Gourmet, restricts or inhibits any other user from using or enjoying the Website will not be permitted. We reserve the right to refuse access to the Website to any user for any reason, including, without limitation, a reasonable belief that the user in question has violated these Terms, any other operating rules or terms currently posted on the Website, or any of the intellectual property laws of the United States.
E-commerce You agree to abide by any relevant terms and conditions of purchase supplied by any party with whom you deal with or through this Website, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You agree that all the information you provide in connection with any purchase made on or through our Website will be true and accurate.
Indemnification To the fullest extent permitted by law, you agree to indemnify and hold Bunn Gourmet, its directors, officers, shareholders, parents, subsidiaries, affiliates, employees, agents, and licensors harmless from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Website, your conduct in connection with the Website or with other Website users, or any violation of any of these Terms, any law, or the rights of any third party. Bunn Gourmet reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you agree to fully cooperate with Bunn Gourmet in asserting any available claims and/or defenses.
General You acknowledge and agree that this Website shall be deemed a passive website solely based in Illinois, which does not give rise to personal jurisdiction over Bunn Gourmet in jurisdictions other than Illinois. You agree that this Website, Terms, Policy and any dispute between you and Bunn Gourmet shall be governed by and construed in all respects in accordance with the laws of the State of Illinois, without regard to choice of law provisions. You consent to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Illinois. If you are an agent for or an employee of a non-U.S. company but operate in a place of business in the U.S. or its territories, you expressly agree that any dispute regarding this agreement shall be adjudicated within the U.S. in the manner described herein.
If Bunn Gourmet is obligated to go to court to enforce any of the Terms and/or any of its rights, you agree to reimburse Bunn Gourmet for its respective legal fees, costs, and disbursements if Bunn Gourmet is successful.
Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Bunn Gourmet products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in the State of Illinois.
Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of Bunn Gourmet products) must be commenced within one (1) year after the claim or cause of action arises.
Bunn Gourmet may assign its rights and duties under this Agreement to any party at any time without notice to you.
By using the Website, you agree to receive certain electronic communications from Bunn Gourmet. You agree that any notice, agreement, disclosure or other communication that Bunn Gourmet sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Bunn Gourmet’s failure to insist upon or enforce strict performance of any of these Terms shall not be considered a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall modify any of these Terms.
Severability If any provision herein is found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between such Terms and these provisions, such specific Terms shall control. These Terms and any other operating rules or Terms currently posted on the Website constitute the entire agreement between Bunn Gourmet and the users of the Website, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No action of Bunn Gourmet may be construed as a waiver of any part of these Terms. Specific areas or pages of this Website may include additional or different terms relating to the use of this Website or the rights or obligations of you or Bunn Gourmet.
Copyright © 2003-2013 Bunn Gourmet. All rights not expressly granted herein are reserved.
Bunn Gourmet reserves the right in its sole discretion to limit and/or terminate your access to the Website, delete any of your User Content, and restrict your use of all or any part of the Website for any or no reason, without notice, and without liability to you or anyone else. Bunn Gourmet also reserves the right to block users from certain IP addresses and prevent access to the Website.
PEASE'S and LINCOLN LOGS are registered trademarks, and RAGGEDY MACS, RAGGEDY ANNS, TRINIDUGS, the stylized "P" in the circle of dots, and the pink and brown packaging with white lettering for use with candy, nuts, and confections are trademarks of Bunn-O-Matic Corporation.
© 2015-2016 Bunn-O-Matic Corporation. All Rights reserved.
Disclaimer: Oreo® and Nutter-Butter® are registered trademarks of Intercontinental Great Brands LLC; m&m's® is a registered trademark of Mars, Incorporated; Twinkies® is a registered trademark of Hostess Brands, LLC; and Peeps® is a registered trademark of Just Born, Inc.
These brands are not affiliated with Pease's Candy.