Terms and Conditions

Last Updated January 2020

ALL SHOULD CAREFULLY READ THE FOLLOWING RoastPATH TERMS OF SERVICE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE RoastPATH.

Welcome to Mill City Roasters LLC’s application called “RoastPATH”” and “Roast Path”. This agreement applies to all aspects of the application RoastPATH, including the website, web services, client software and any other materials distributed by Mill City Roasters, LLC. You must accept the EULA and TERMS OF USE defined below to use this application RoastPATH. The application is available for use by users who accept this agreement. Any use, modification, reproduction or distribution of the Application not expressly authorized by the terms of the RoastPATH Agreements is prohibited.

Grant of a Limited License to Use the Service

Subject to your agreement to and continuing compliance with the RoastPATH Agreements, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Application Client. You may not use the Service for any other purpose, or in connection with any other software. Attempting to use the application RoastPATH with a modified client, or manipulating the communication of the client and server is not allowed under the License, and is a violation of this Agreement.

By agreeing to the terms of this agreement you, the user, agree you will NOT:

use hacks, automation software (bots), or any other unauthorized software, hardware, or mechanical device designed to modify the RoastPATH experience;
employ the use of automated devices, even if operating within the defined parameters of the appolication experience, to create a personal advantage;
communicating directly with the web services in the application via any software not distributed by RoastPATH;
modify data files or cookies used by RoastPATH software;
attempt to duplicate the web services of the application in any fashion to intercept, redirect or disrupt the use and experience for RoastPATH;
violate any applicable law or regulation in connection with your use of the application or the service;
will not violate the abuse policies in the Terms of Service

Eligibility.

You represent that you are an adult, or if not an adult. you have the permission of a parent or guardian to use RoastPATH. You also agree to these Terms of Use or a parent or legal guardian has agreed to the terms of this agreement on your behalf.

Ownership.

All rights and title in and to the Service (including without limitation any user accounts, roasters, computer code, themes, objects, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, profile information, recordings of roasts) are owned by RoastPATH. The Application and the Service are protected by United States and international laws, and RoastPATH may enforce their rights in the event of any violation of this Agreement.

No Ownership Rights to Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A RoastPATH SYSTEM, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF RoastPATH.

Account Suspension/Deletion.

RoastPATH MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY ACCOUNT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU AND WITHOUT REFUND. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.

Privacy

RoastPATH will not sell or redistribute personal information of the users to any outside party. RoastPATH reserves the right to email users for important updates or reminders.

User’s may select a username for use in the application. All users will be identified to other users through the username they select. Users may change their username once selected through their account settings in the web portal. RoastPATH reserves the rights to disable, delete or modify the accounts of any user, at its sole discretion, without warning or notice, if the users username is deemed inappropriate.

Changes to the Terms of Use or the Application.

RoastPATH reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Application or the Service, hours of availability, content, data, software or equipment needed to access the Application or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Application. Your continued use of the Application following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. RoastPATH may change, modify, suspend, or discontinue any aspect of the Application at any time. RoastPATH may also impose limits on certain features or restrict your access to parts or all of the Application without notice or liability.

Termination.

This Agreement is effective until terminated. You may terminate this Agreement by deleting the Application and Bridge and terminating all RoastPATH accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made RoastPATH. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. RoastPATH may terminate this Agreement (and your access to the Application) with or without notice for any reason, or for no reason. All provisions of ownership and rights to data defined under the agreement will survive termination.

Warranty Disclaimer.

THE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, AND RoastPATH DOES NOT WARRANT THAT THE APPLICATION OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPLICATION OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RoastPATH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability.

IN NO EVENT SHALL RoastPATH, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE APPLICATION OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall RoastPATH’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to RoastPATH during the six (6) months immediately prior to the time such claim arose.

Indemnification.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS RoastPATH, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE APPLICATION AND/OR THE SERVICE.

Force Majeure.

RoastPATH shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of RoastPATH, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond RoastPATH control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, cyber attacks, internet or hosting disruptions, power outage, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Acknowledgments.

You hereby acknowledge and agree that:

WHEN THE APPLICATION IS RUNNING, RoastPATH MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER OR MOBILE DEVICE, INCLUDING WITHOUT LIMITATION YOUR DEVICE SPECIFICATIONS, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE APPLICATION AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY RoastPATH AGREEMENT.
RoastPATH may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if RoastPATH believes that doing so may protect your safety or the safety of others.
RoastPATH MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR APPLICATION ACTIVITY, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that RoastPATH is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

Equitable Remedies.

In the event that you breach this Agreement, you hereby agree that RoastPATH would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that RoastPATH shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as RoastPATH may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with other terms of this agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.

Dispute Resolution and Governing Law.

A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and RoastPATH agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. RoastPATH will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to MILL CITY ROASTERS, LLC , 1050 33rd AVE SE, Minneapolis, MN, USA ATTN: Legal Department.

B. Binding Arbitration. If you and RoastPATH are unable to resolve a Dispute through informal negotiations, either you or RoastPATH may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, RoastPATH will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and RoastPATH may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

C. Restrictions. You and RoastPATH agree that any arbitration shall be limited to the Dispute between RoastPATH and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

D. Exceptions to Informal Negotiations and Arbitration. You and RoastPATH agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or RoastPATH intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

E. Location. If you are a resident of the United States, any arbitration will take place at any reasonable location within the United States convenient for the representatives of RoastPATH. For residents outside the United States, any arbitration shall be initiated in Ramsey County, State of Minnesota, United States of America. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Ramsey County, State of Minnesota, United States of America, and you and RoastPATH agree to submit to the personal jurisdiction of that court.

F. Governing Law. Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Minnesota, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For our customers who access the Service from Canada, Chile, Mexico, Argentina, Australia, Singapore, Thailand, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above, and in such an event, shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you access the Service from New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (“Act”) may apply to the Application and/or the Service as supplied by RoastPATH to you. If the Act applies, then notwithstanding any other provision in this Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this Agreement. Those who choose to access the Service from locations outside of the United States, Canada, Australia, Singapore, or New Zealand do so on their own initiative contrary to the terms of this Agreement, and are responsible for compliance with local laws if and to the extent local laws are applicable.

Miscellaneous.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and RoastPATH concerning the Service, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and RoastPATH; provided, however that this Agreement is in addition to, and does not replace or supplant, the EULA or the BNET TOU. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE APPLICATION IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

TERMS u0026amp; CONDITIONS: TERMS OF SERVICE

Last Updated January 2020

ALL USERS MUST CAREFULLY READ THE FOLLOWING TERMS OF USE AGREEMENT (THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES WE PROVIDE.

Welcome to Mill City Roasters, LLC’s (the “Company”) application called “Roast Path” (“RoastPATH”). This agreement applies to RoastPATH and all associated services provided at or through Company’s website, RoastPATH.COM. Your use of RoastPATH is subject to and governed by this Agreement, which incorporates the separately posted Privacy Policy (as amended), as well as any modifications to this Agreement issued by Company, and all applicable laws and regulations other than as specifically provided in any separate formal agreement between you and Company. This Agreement may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend this Agreement, unless otherwise agreed to in a written agreement signed by both you and Company, is prohibited.

BY USING RoastPATH, YOU AGREE TO COMPLY WITH THESE TERMS AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF RoastPATH. Please read this Agreement and the Privacy Policy so that you understand our policies. If you do not agree with the terms of this Agreement or the Privacy Policy, you may not use RoastPATH.

The Company shall have the legal right at any time, without prior notice, and in its sole discretion, to revise this Agreement or impose new terms and conditions with respect to access to or use of RoastPATH. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on our website. You should check the terms of this Agreement periodically for any modifications or revisions. Continued use of RoastPATH after we post changes to this Agreement constitutes your acceptance of the changes.

Grant of a Limited License to Use RoastPATH

Subject to your agreement to and continuing compliance with this Agreement, you may use RoastPATH solely for your own purposes by accessing it with an authorized, unmodified software that communicates with Company’s server installed on a mobile device or computer. You may not use RoastPATH for any other purpose, or in connection with any other software. Attempting to manipulating the communication of the mobile device or computer and server is not allowed, and is a violation of this Agreement.

Intended for Users Over 13

RoastPATH is intended for use by individuals 13 years of age or older. RoastPATH is not meant for use by children under the age of 13. Users under the age of 13 must get the assistance of a parent or guardian to sign-up and use RoastPATH.

Prohibited Use.

RoastPATH may only be used for lawful purposes. Activities including, but not limited to, tampering with RoastPATH, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on RoastPATH are prohibited. If you use RoastPATH, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of RoastPATH or any activity being conducted on RoastPATH.

You are prohibited from violating or attempting to violate the security of RoastPATH, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) using RoastPATH for unintended purposes or trying to change the behavior of RoastPATH; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to RoastPATH, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) forging communications on behalf of RoastPATH (impersonating RoastPATH) or to RoastPATH (impersonating a legitimate user); (g) accessing, navigating or searching RoastPATH through the use of any automated or electronic devices, including but not limited to browsers, spiders, robots, avatars or intelligent agents, or any other similar technology either now know or hereafter developed, other than search agents provided by Company or generally publicly available Internet browsers; (h) soliciting, facilitating, encouraging or agreeing to provide access to or otherwise remarket or redistribute, or take affirmative steps to allow or permit such access to, or remarketing or redistribution of, any RoastPATH content or data to any third party, through any process, including but not limited to screen scraping, spiders, web “bots” or other device, technology, software or system now known or hereafter discovered; (i) sending unsolicited and unauthorized e-mail on behalf of Company, including promotions and/or advertising of products or services; (j) using hacks, automation software (bots), or any other unauthorized software designed to modify the RoastPATH experience; (k) employing the use of the software, even if operating within the defined parameters of the application experience, to create a personal advantage ; (l) communicating directly with the services in RoastPATH via any software not distributed by Company; (m) modifying data files or cookies used by Company software; (n) attempting to duplicate the services of Company in any fashion to intercept, redirect or disrupt RoastPATH; or (o) violating any applicable law or regulation in connection with your use of RoastPATH;

Ownership.

All content included on or comprising RoastPATH, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, user accounts, titles, computer code, themes, objects, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, “applets,” transcripts of the chat rooms, profile information, recordings of roasts, greens, coffees and other material (collectively, “Content”) is protected by and subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Company, one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Company owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

You may not use material displayed on RoastPATH for any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

Company logos and other trademarks on RoastPATH are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Company and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

No Ownership Rights in Account.

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON ANY SYSTEM OF THE COMPANY, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF THE COMPANY.

Account Suspension/Deletion and RoastPATH modification.

Company may suspend, limit, terminate, modify, or delete any account any time for any reason or for no reason, with or without notice to you and without refund, in its sole discretion. In the event that Company limits or terminates your access to RoastPATH, Company assumes no responsibility or liability for any losses, damages, or other consequences of any kind resulting from your inability to access RoastPATH. The Company may also, in its sole discretion and with or without prior notice, change, modify, add to, supplement or delete, at any time, RoastPATH or any feature of RoastPATH, its hours of availability, theme, content, data, software or equipment needed to access RoastPATH.

Username Guidelines

Users may select a username to use while using RoastPATH. All users will be identified to other users through the username they select. Users may change their username once selected through in-application services. The Company reserves the rights to disable, delete or modify the accounts of any user, in its sole discretion, without warning or notice, if the user’s username is deemed inappropriate.

Guidelines for common decency in selecting code names follow

Users should not select a username that is offensive.
Users should not choose usernames of a celebrity or public figure, unless it is the real name of the user.
Usernames containing trademarks or service marks not owned by the user are prohibited.
Usernames that are sexual, criminal or violent in nature, or make references to drugs are prohibited.
Usernames that are religiously, politically, or culturally offensive are prohibited.
Alternate spellings of words and names may not be used to circumvent any of the naming guidelines outlined.

Abuse and Offensive Material

RoastPATH users are encouraged to express their creativity and individuality within the application. However users should not allow the privacy afforded through in-application anonymity to be an invitation to behave outside the bounds of civil interaction. Users must respect the rights and perceptions of the other users in the application are required to interact in a professional manner.

The following guidelines for common decency apply to in-application interaction

Users may not select a profile picture that is offensive, RoastPATH shall have sole responsibility for determining offensiveness using guidelines for images being appropriate in the audience of minors who may be using the application.
Users concerned with privacy should not use a photo of themselves as their profile picture.
Images containing trademarks or service marks not owned by the user are prohibited for use within the application.
RoastPATH users are permitted to use RoastPATH trademarked and copyrighted images within the application. This right to use RoastPATH trademarks and copyrighted material does not extend outside the application.
Profile pictures that are sexual, criminal or violent in nature are prohibited
Images containing offensive words, including profanity or threats are not allowed in the application.
Images and/or public messages containing information that would pose a privacy risk of another user is prohibited in the application.
Users may not use the in-application communication tools to send threats of violence that result in a concern for personal safely.
Users may not use the in-application communication tools to convey messages that are culturally, politically, racially, or sexually offensive.
Users should avoid the use of profanity when using the in-application communication tools unless it is known the recipient of the message condones such language without offense. Such language should never be used a public forum.
RoastPATH reserves the right to take action on all user initiated content RoastPATH deems inappropriate, including deleting content and permanently or temporarily revoking the user’s ability to post additional content. This includes the right to temporary or permanently block access to the application. Reference the Application Suspension section in this document.

Warranty Disclaimer.

RoastPATH IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS, AND THE COMPANY DOES NOT WARRANT THAT RoastPATH WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT RoastPATH IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.

Limitation of Liability.

IN NO EVENT SHALL THE COMPANY, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS RoastPATH, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH RoastPATH, YOUR USE OF OR RELIANCE UPON RoastPATH OR ANY OF THE INFORMATION OR MATERIALS AVAILABLE ON RoastPATH, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Company’s aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Company during the six (6) months immediately prior to the time such claim arose.

YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF RoastPATH, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND OTHER DEVICES OWNED, MAINTAINED OR SERVICED BY THIRD PARTIES OVER WHICH THE COMPANY HAS NO CONTROL. ACCORDINGLY, THE COMPANY WILL NOT BE LIABLE FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF RoastPATH.

Indemnification.

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF RoastPATH.

Equitable Remedies.

In the event that you breach this Agreement, you hereby agree that Company would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Company shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Company may otherwise have available to it under applicable laws.

Dispute Resolution and Governing Law.

To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. The Company will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Mill City Roasters LLC, Minneapolis, MN, 55414, USA, Attn: Legal Department.

If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available that the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.

Except as expressly provided otherwise, this Agreement shall be governed by, and will be construed under, the Laws of the United States of America and the law of the State of Minnesota, without regard to choice of law principles.

Miscellaneous.

If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and Company concerning your use of RoastPATH, and this Agreement supersedes any prior or contemporaneous agreement, either oral or written, and any other communications with regard thereto between you and Company. This Agreement may only be modified as set forth herein. The section headings used herein are for reference only and shall not be read to have any legal effect.