Written by CQI Developer
Saturday, 08 October 2011 22:50
Last Updated on Tuesday, 30 November 1999 00:00
CQI Terms of Service
Thank you for visiting coffeeinstitute.org., the website of the Coffee Quality Institute ("CQI"). We provide the services on this site to you, subject to the following Terms of Service ("TOS"). We reserve the right to changes the TOS at any time, and you agree that each visit to this site is subject to the then-current TOS. We ask that you please read this TOS carefully, before using any of the services described below. By using these services you are acknowledging that you have read and understand this TOS and that you agree to be bound by its terms. If you do not agree to be bound by this TOS, please exit this page and this site without accessing or using any of the services.
In this TOS "User" refers to all permitted users of the Site: owners, current and prospective Q Graders and Guests
Copyright and Trademarks
All pages within this website and any material made available for download (collectively the "Site") are the property of CQI and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of CQI. This Site is for your own personal use or the use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
Any intellectual property rights not expressly granted by this TOS or any applicable end user license are reserved by CQI.
Trademark Notice Coffee Quality Institute ®, the "Q" logo, "Beaker" logo, Q Grader , Q Coffee , and Café Q are the, trademarks and service marks of CQI. All other trademarks and service marks used in this Site are the trademarks and service marks of their respective owners.TM TM TM
Information We Receive
Personal information. When you register on this Site, you provide us with your name, email, gender, address, phone number and other items, depending the type of User. During the registration process we give you the opportunity to provide additional profile information, such as where you work, your title and the ability to add a picture of yourself or your company logo. You may edit your profile information at any time by going to your profile page and clicking "Edit My Profile." Information will be updated immediately. If you wish to delete your profile, email a request to
Site activity information. We keep track of the actions you take or post about on the Site, such as grading a coffee, contacting another User, attending a course, creating a photo album, managing your personal profile and managing your Market Linkages profile. For example, if you post a photo album, we might log the fact that you posted it. All activity in relation to the Q Coffee System, including assigning Q Graders to grade a coffee, grading a coffee, submitting grades or editing your profile will be logged and archived.How We Share and Use Information
To help improve or promote our service. Sometimes we share aggregated information with third parties to help improve or promote our organization. But we only do so in such a way that no individual user can be identified or linked to any specific action or information.
To contact you. We may contact you with service-related announcements from time to time. In order to receive CQI's newsletter, you must check the box to subscribe to our newsletter. We may include content you see on the Site in the emails we send to you.
To provide you with services. We may provide information to service providers that help us bring you the services we offer. For example, we may use third parties to help host our website, send out email updates about the Site, and remove repetitive information from our User lists. These service providers may have access to your personal information for use for a limited time, but when this occurs we implement reasonable contractual and technical protections to limit their use of that information to helping us provide the service.
Information You Share With Third Parties
We take reasonable steps to ensure that others use information that you share on the Site in a manner consistent with your privacy settings, but we cannot guarantee that they will follow our rules. Read the following section to learn more about how you can protect yourself when you share information with third parties.
Sharing information on the Site. We designed our privacy settings to enable you to control how you share your information on our Site. You should review the default privacy settings to make sure they reflect your preferences. Here are some specific things to remember:
You can control the visibility of most of the information you share on the Site through the privacy settings you select. To make your profile available to the general public, you must go to "Edit My Privacy Settings" under "Edit Profile" and choose "Public." If you wish to keep your profile viewable by Site Members only, choose "Site Members." The default setting is "Site Members."
Even after you remove information from your profile or delete your account, copies of that information may remain viewable elsewhere to the extent it has been shared with others, it was otherwise distributed pursuant to your privacy settings, or it was copied or stored by other users.
You understand that information might be re-shared or copied by other users.
Certain types of communications that you send or share cannot be removed, such as photo albums, evaluations for coffees and Preliminary Assessments.
You understand that all information, data, text, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not CQI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. CQI does not control the Content posted by Users on the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is inaccurate, untrue, offensive, indecent or
objectionable. Under no circumstances will CQI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site. Without limiting the previous disclaimer, CQI is not a party to any order, commitment, contract or other obligation (collectively "Contract") that may be formed between Users and is not responsible in any way for the performance or failure to perform of such Contracts.
You agree to not use the Site to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Impersonate any person or entity, including, but not limited to, a CQI staff member, forum leader, or host, or falsely state or otherwise misrepresent your affiliation with any person or entity;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
Intentionally or unintentionally violate any applicable local, state, national or international law, and any regulations having the force of law;
Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"Stalk" or otherwise harass another; or
Create multiple profiles or identities for the same person or entity.
You agree to use the Site in full compliance with the obligations you have to CQI and other Users, under other agreements, including but not limited to, the Owner Terms and Conditions, Q Coffee Licensing Agreement and In-Country Partner (ICP) Agreements.
You acknowledge that CQI may or may not pre-screen Content, but that CQI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content. Without limiting the foregoing, CQI and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by CQI or submitted to the Site.
You agree to indemnify and hold CQI and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Site, your use of the Site, your violation of the TOS, or your violation of any rights of another.
You agree that CQI may, without prior notice, immediately terminate, limit your access to or suspend your Site registration and access. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Site (or any part of it), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you to CQI. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CQI's sole discretion and that CQI shall not be liable to you or any third party for any termination of your registration or access to the Site.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CQI AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CQI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE.
Choice of Law and Forum.
You and CQI each agree that the TOS and the relationship between us shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and CQI, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Central District of California. You and CQI agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles
Clara, California or the Central District of California, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
By becoming a User of the Site, you confirm that you have read the above provisions and agree to abide by them. Please contact us with any questions regarding this TOS.