Terms & Conditions
Please read this Agreement carefully before accessing our using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
1. Your gradyscoldbrew.com Account. You agree that you are liable for purchases made through your gradyscoldbrew.com Account and assume responsibility for taking reasonable action to safeguard your account information to prevent unauthorized purchases. You further agree to notify Grady's Cold Brew promptly should you become aware of any actual or potential compromise of your Account information so that Grady's Cold Brew may take appropriate actions to safeguard Grady's Cold Brew's legal interests.
2. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which gradyscoldbrew.com links, and that link to gradyscoldbrew.com. Grady's Cold Brew does not have any control over those non-Grady's Cold Brew websites and webpages, and is not responsible for their contents or their use. By linking to a non-Grady's Cold Brew website or webpage, Grady's Cold Brew does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Grady's Cold Brew disclaims any responsibility for any harm resulting from your use of non-Grady's Cold Brew websites and webpages.
3. Copyright Infringement and DMCA Policy. As Grady's Cold Brew asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by gradyscoldbrew.com violates your copyright, you are encouraged to notify Grady's Cold Brew in accordance with Grad's Cold Brew's Digital Millennium Copyright Act ("DMCA") Policy. Grady's Cold Brew will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
4. Intellectual Property. This Agreement does not transfer from Grady’s Cold Brew to you any Grady’s Cold Brew or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Grady’s Cold Brew. Grady’s Cold Brew, gradyscoldbrew.com, the gradyscoldbrew.com logo, and all other trademarks, service marks, graphics and logos used in connection with gradyscoldbrew.com, are trademarks or registered trademarks of Grady’s Cold Brew or Grady’s Cold Brew’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Grady’s Cold Brew or third-party trademarks.
5. Changes. Grady’s Cold Brew reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Grady’s Cold Brew may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
6. Termination. Grady’s Cold Brew may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your gradyscoldbrew.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties. The Website is provided “as is”. Grady’s Cold Brew and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Grady’s Cold Brew nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
8. Limitation of Liability. In no event will Grady’s Cold Brew, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for any amounts that exceed the fees paid by you to Grady’s Cold Brew. Grady’s Cold Brew shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. Coffee Return Policy. Due to the perishable nature of our coffee products, we do not accept returns. However, we are quite willing to resolve problems as they arise. If you have any issues with your coffee, or if there are errors in your order, please contact us at firstname.lastname@example.org within 2 days of delivery. We will do our best to ensure that you are satisfied.
11. Mobile Terms of Service.
10. Return Policy Merchandise (non-coffee items). We would like you to be satisfied with your purchase. All Returns or Exchanges on merchandise (non-coffee) items must be done within 30 days of the purchase date. Items purchased online can only be returned to our Headquarters, they can’t be returned to our café locations. Please email your order number, name, reason for a Return/Exchange, and the item and quantity you wish to Return/Exchange to email@example.com . We will contact you with information on how your return will be processed. We will not refund the price of shipping. All non-coffee returns should be sent to:
Grady's Cold Brew
Attn: Mail Order Return
819 Garrison Ave
The Bronx, NY 10474
11. Security for your credit card. Grady’s Cold Brew does not store any sensitive card holder information. When you place an order with us, your information is encrypted using strong encryption and directly and securely transmitted to our card processor. Our card processor is a leader in secure payment processing, and is fully compliant with all industry standards, including PCI compliance. On subsequent orders, or in the case of subscriptions, they use the stored information to process the charge, and let us know payment has been made. Grady’s Cold Brew staff doesn’t have access to any sensitive card holder data at any time during an electronic purchase.
12. As Is. All items sold are sold “As is” and without warranty of any kind. Grady’s Cold Brew disclaims any warranty whether implied or implicit.
13. Indemnification. You agree to indemnify and hold harmless Grady’s Cold Brew, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
14. Miscellaneous. This Agreement constitutes the entire agreement between Grady’s Cold Brew and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Grady’s Cold Brew, or by the posting by Grady’s Cold Brew of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Albany, New York.