Return and Refund Policy

Thank you for trying Boot Hill coffee from the Boot Hill Trading Company!  We are building our website to provide opportunities to purchase coffee and other products from upcoming lines as well as provide information about our company and products.  The website, including submissions to The High Noon Tribune, products available for purchases are collectively known as “Services.”

ACCEPTANCE

The following terms govern your access to and use of the Services.  By using our Services, you agree to these terms. Sometimes we update the Terms of Service, and those changes are effective immediately upon posting and continued use of the Services means you accept the new terms.

PRIVACY

We value your privacy. Please review our Privacy Policy.  Any information provided to us via the Services is subject to our Privacy Policy.

INTELLECTUAL PROPERTY RIGHTS

The Services including the website, images, text, video, audio and other information are owned by Boot Hill Coffee, LLC, d.b.a, Boot Hill Trading Company.  The individual authors of material submitted for publication to The High Noon Tribune retain all rights to their creative works including copyright and all rights to otherwise withdraw, market, sell or license their work for their sole compensation.  Boot Hill Coffee, LLC, d.b.a, Boot Hill Trading Company is not responsible for material published to The High Noon Tribune, and the individual authors retain all responsibility for the content of their creative works.

The Services and the providers of material to The High Noon Tribune are protected by U.S. and international copyright, and other intellectual property or proprietary rights laws.  

These terms permit you to use our Services for your personal, non-commercial use only. Reproduction, distribution, and transmission are expressly prohibited except as follows:

• You may store files that are automatically cached by your web browser.

• You may print or download one copy of a reasonable number of pages of our Services for your own personal, non-commercial use and not for further reproduction, publication or distribution.

PROHIBITED USES

You agree not to use our Services in any way that violates any applicable federal, state, local or international law or regulation.  By using our Services, you agree you will never:

• Use our Services in any manner that could disable,damage, or interfere with any other party's use of our Services.

• Use any automatic device, process or means to access our Services for any purpose, including monitoring or copying any of the material on our Services.

• Introduce any material which is malicious or technologically harmful.

• Attempt to gain unauthorized access to, damage or disrupt any parts of our Services, the server on which our Services are stored, or any server, computer or database connected to our Services.

• Attack our Services via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise attempt to interfere with the proper working of our Services.

RELIANCE ON SERVICES INFORMATION

The information presented on our Services is made available solely for general information purposes.  Efforts are made to ensure the accuracy of information in the Services, however, any reliance placed on such information is strictly at your own risk. Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company disclaims all liability and responsibility arising from any reliance placed on such materials from anyone.

PURCHASING OUR PRODUCTS

You may only register for a Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company account and purchase our products if you are at least 18 years old. 

When you register for an account, you represent that you are at least 18 years of age, you have provided accurate information, that you are solely responsible for all transactions that take place using your account and are solely responsible for maintaining the security of your account. 

We reserve the right to refuse service, terminate your account or your participation in any rewards program offered, or cancel your orders in our sole discretion, including, without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company does not itself process payment for any of our products or services. 

To facilitate payment for our products and services via a payment card, we use third-party payment processors. If you make a payment for our products or services via a payment card, you may be subject to the terms and conditions as well as privacy policies of those third-party payment processors, currently GoDaddy or Square.

CHANGES TO THE SERVICES

We update the content on our Services from time to time, but such content is not necessarily complete or up to date. Any material on our Services may be out of date at any given time, and we are under no obligation to update such material.

LINKING TO THE SERVICES

You may link to our Services, provided you do not damage our reputation.  You must not establish a link in a way to suggest any association, approval or endorsement on our part without express written consent from Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company.

LINKS FROM THE SERVICES

Any links from the Services to sites and resources provided by third parties are provided for your convenience only. Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company has no control over the content of those sites or resources and accepts no responsibility for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites and resources linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such sites and resources.

DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. 

You are responsible for implementing protocols to satisfy your requirements for anti-virus protection, data backup and the security of technological devices.

We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your equipment, data or programs due to your use of our Services.  Your use of our Services or items obtained through our Services is at your own risk.  Our Services are provided “as is” and “as available” without warranties of any kind, neither express nor implied.  Boot Hill Coffee, LLC nor any associated person warrants the completeness, security or availability of Services nor that Services will otherwise meet your needs or expectations.

To the maximum extent permitted by law, Boot Hill Coffee, LLC disclaims all warranties of any kind, statutory or otherwise, including but not limited to merchantability, non-infringement and fitness for a particular purpose.

LIMITATION ON LIABILITY

Boot Hill Coffee, LLC, its affiliates, licensors, service providers, employees, agents, officers or directors are not liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our services, any websites linked, any content on our services or such other websites or any services or items obtained through our services or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of our Services, including, but not limited to, any use of our content, services and products other than as expressly authorized in these Terms or your use of any information obtained from our Services.

Proposition 65 Warning:

Acrylamide may be present in roasted coffee.  Acrylamide is a naturally occurring byproduct formed when sugars and amino acids react when coffee is roasted. The U.S. Food and Drug Administration (FDA) has not determined that the low levels of acrylamide naturally found in roasted coffee have any public health impact. 

For additional information:

https://www.fda.gov/food/process-contaminants-food/acrylamide

www.oehha.ca.gov/prop65.html

GOVERNING LAW AND JURISDICTION

All matters relating to our Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of the state of Arizona, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these Terms or our Services is subject to the exclusive jurisdiction of the federal and state courts located in Pima County, Arizona. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

DISPUTE RESOLUTION AND BINDING ARBITRATION

You and Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company agree to resolve any claim, dispute or controversy arising from or relating in any way to your use of the services, including your purchase of products through the services, excluding any claim, dispute or controversy that qualifies for small claims court, exclusively and finally by binding, bilateral arbitration before a neutral arbitrator rather than in court by a judge or a jury.

This agreement to arbitrate is intended to be broadly interpreted and expressly includes claims brought under the Telephone Consumer Protection Act, 47 U.S.C. § 227, or any other statute, regulation, or legal or equitable theory.

Arbitration Rules:

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.

Small Claims Court:

You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so. The small-claims court proceeding will be limited solely to your individual dispute or controversy.

Class Action Waiver:

You agree to an arbitration on an individual basis. In any dispute, neither you nor Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.

WAIVER AND SEVERABILITY

No waiver by Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.

RECURRING SUBSCRIPTIONS

When starting a Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company, you agree to be billed in a recurring fashion on a per-order basis until your subscription is canceled or paused. If paused, the subscription will remain paused until the requested resume date or if a resume date is not specified, the subscription will remain paused indefinitely.

Your subscription may be cancelled at any time via phone, or email communication with our service team. You mustcontact us at least 72 hours before the date you are nest scheduled to be charged.

You will be charged the same amount for each order that is generated from your subscription unless configuration changes are made to the subscription, or you cancel and then resume that subscription.  The term of your subscription is continuous.

ENTIRE AGREEMENT

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Boot Hill Coffee LLC, d.b.a. Boot Hill Trading Company with respect to our Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Services. In the event you later agree to additional terms and conditions applicable to the Services, such as terms and conditions governing a rewards program, such terms and conditions are made part of these Terms of Use by reference.

FEEDBACK

We welcome your comments and suggestions regarding our Services.  Contact us at service@boothilltradingco.com or 520-261-1545 to provide feedback.