Terms and Conditions

NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING TULLYS.COM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THE TULLY’S WEBSITE, OR ANY PAGE OR PART OF THE TULLY’S WEBSITE. "TULLY’S" AND “THE COMPANY” MEAN TULLY’S COFFEE CORPORATION. "THIS AGREEMENT" MEANS THE TERMS AND CONDITIONS BELOW.
You are responsible for your use of and activity on the TULLY’S Website.
The use of the TULLY’S Website for illegal activity is strictly prohibited. There should be no expectation of privacy on behalf of any user of the TULLY’S Website. TULLY’S may monitor and record user activity on the TULLY’S Website for any lawful purpose and you agree to such monitoring and recording by TULLY’S.
You may be restricted from accessing certain information, materials, or areas otherwise available in the TULLY’S Website, and you agree not to attempt to gain access to such information, materials, or areas.
The TULLY’S Website contains copyrighted material, trademarks and other proprietary information and material of TULLY’S. The entire contents of the TULLY’S Website are copyrighted as a collective work under the United States copyright laws. You may not modify, publish, transmit, transfer, sell, create derivative works, or in any way exploit any of the content of the TULLY’S Website, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express written permission of TULLY’S. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of trademark legend or copyright notice shall be made.
TULLY’S claims trademark and service mark rights in mark(s) used by TULLY’S and contained in the TULLY’S Website. Any other third party marks are the property of the respective owner(s).
TULLY’S shall have the right at any time to change or discontinue any aspect or feature of the TULLY’S Website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
Information and materials on the TULLY’S Website may contain technical inaccuracies or typographical errors. Information or materials may be changed or updated without notice. TULLY’S may also make improvements and/or changes in the products, services and/or the programs described in this information or materials at any time without notice. INFORMATION AND MATERIALS AVAILABLE IN THE TULLY’S WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRIGEMENT, AND ANY AND ALL WARRANTIES ARE HEREBY DISCLAIMED.
The TULLY’S Website may contain certain "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Such statements are necessarily subject to risks and uncertainties that could cause actual results to vary from stated expectations, and such variations could be material and adverse. Factors that could result in such a variations include, but are not limited to, the inherent unreliability of earnings and revenue growth predictions due to numerous factors, including many beyond the Company's control; potential difficulties, delays and unanticipated expenses inherent in the development and marketing of new products and services; competitive factors; and the numerous risks and potential additional costs, disruptions and delays associated with the establishment of new business initiatives. More detailed and current information about the Company, including additional information concerning these and other factors that could cause actual results to differ materially from the Company's current expectations, is contained in the Company’s reports filed with the Securities and Exchange Commission. Tully’s is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward-looking statements whether as a result of new information, future events or otherwise.
You agree that under no circumstances or legal theory will TULLY’S be liable for any damages (including without limitation direct or indirect, special, incidental, or consequential damages) claim, loss, cost, or expense whatsoever or of whatever nature that may arise out of or otherwise relate in any way to your access or use of the TULLY’S Website, and you expressly assume any and all risks associated therewith. You agree to defend, indemnify and hold harmless TULLY’S, its affiliates and their respective directors, officers, employees and agents from and against all damages (including without limitation direct or indirect, special, incidental, or consequential damages), claims, losses, costs and expenses, including attorneys' fees, arising out of or otherwise relating in any way to the access or use of the TULLY’S Website or any information or materials in the TULLY’S Website by you or by or through the use of your account.
All information submitted to TULLY’S via the TULLY’S Website shall be deemed and remain the property of TULLY’S and TULLY’S shall be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to the TULLY’S Website provides through this site. TULLY’S shall not be subject to any obligations of confidentiality regarding submitted information except as otherwise expressly agreed in writing by TULLY’S or as required by law.
The failure of TULLY’S to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. You agree that all of the terms and conditions of this Agreement are fair and reasonable, and you agree to be bound by them. The construction, interpretation and validity of this Agreement shall be subject to the laws of the State of Washington, United States of America.