Terms of Use

(Effective June 2018)

IMPORTANT – PLEASE READ THE FOLLOWING TERMS OF USE (“TOU”) BEFORE USING THE WWW.HOWARDSCHULTZ.COM WEBSITE (the “Site”). THE OWNER AND OPERATOR OF WWW.HOWARDSCHULTZ.COM (“HOWARDSCHULTZ.COM”) IS WILLING TO LICENSE AND PERMIT USE OF THE SITE SUBJECT AT ALL TIMES TO ACCEPTANCE OF THIS TOU.

  1. License Grant. This TOU provides to you (identified herein as "You" or a "user" or with “Your”) a personal, revocable, limited, non-exclusive, royalty-free, nontransferable, and nonsublicensable license to use this Site conditioned on Your continued compliance with all of the terms and conditions of this TOU. You may print and download materials and information from this Site solely for Your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that You do not further distribute or disclose such materials and information.

  2. This TOU is only a license and not an assignment or sale. Notwithstanding the foregoing, howardschultz.com reserves all rights not expressly granted. Accordingly, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein this Site. You may not engage in any activity that disables the Site or otherwise impedes its operation or limits its availability to others.

  3. User Obligations. You access the Site on Your own volition. You will, at all times, provide lawful and accurate information. You represent that You are at least the legal age of majority (and if not the legal age of majority, You have reviewed this TOU with Your parent or legal guardian and have had Your parent or legal guardian accept this TOU on Your behalf). In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to Your use of the Site. If You permit any minor child to use this Site, You will be solely responsible for: (i) the online conduct of such minor child; (ii) the monitoring of such minor child's access to and use of the Site; and (iii) the consequences of any such usage. But, for purposes of this TOU, references to “You” or “Your” shall also include, as applicable, Your parent or legal guardian that is required to agree and accept this TOU.

  4. Other Terms and Conditions. Additional notices, terms, and conditions may apply to the Site. You agree to abide by such other notices, terms, and conditions, as applicable.

  5. Privacy Policy. The Site may request the submission and use of personal information. Please see the Privacy Policy (available at https://howardschultz.com/privacy).

  6. Proprietary Rights. This Site and its contents are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the U.S. and other countries; this Site is also protected as a collective work and/or compilation under U.S. copyright laws and other laws and treaties. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Site (the “Intellectual Property Rights”) shall, as between you and howardschultz.com, at all times be and remain the sole and exclusive property of howardschultz.com. All present and future rights in and title to the Site (including the right to exploit the Site and any portions of the Site over any present or future technology) are reserved to howardschultz.com for its exclusive use. Except as specifically permitted herein, you shall not use howardschultz.com’s Intellectual Property Rights or the Site, or the names of any individual participant in, or contributor to, the Site, or any variations or derivatives thereof, for any purpose, without howardschultz.com’s prior written approval. You acquire no rights or licenses in or to the Site and materials contained within the Site other than the limited right to utilize the Site in accordance with the TOU.

  7. Howardschultz.com may provide links, in its sole discretion, to other sites on the World Wide Web for Your convenience in locating or accessing related information, products, and/or services and to provide access to the social media network groups with which howardschultz.com participates. These sites, and especially any social media network group, are maintained by third parties over which howardschultz.com exercises no control. Accordingly, howardschultz.com expressly disclaims any responsibility whatsoever for the content on these third-party sites. These third-party sites have their own privacy policies and we do not accept any responsibility or liability for these policies. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.

  8. This Site provides access to community and other interactive features and functionality, where You can share and exchange information or content (with such shared or exchanged information or content referenced collectively as “Posting(s)”). You agree and represent that You have all rights necessary to make available any Posting and allow use by howardschultz.com, and by using this Site You will not upload, post, display, or transmit any of the following:

    • anything, which interferes with or disrupts the Site
    • anything, which is contrary to the interests of howardschultz.com,
    • anything, which may damage, lessen, or harm the goodwill or reputation of howardschultz.com and its services,
    • anything, which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others,
    • anything, which violates any law or encourages illegal behavior,
    • anything, which involves the impersonation of any other person or entity,
    • anything, which constitutes junk mail, spam, or unauthorized advertising.

Howardschultz.com reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any Posting.

  1. No Pre-Screening of Postings. Howardschultz.com is not responsible for pre-screening or editing Your or another user’s Posting(s) and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, howardschultz.com does not endorse, oppose, or edit any opinion or information provided by You or another user (unless separately and expressly provided by howardschultz.com) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any Posting displayed, uploaded, or distributed by You or any other user. Nevertheless, howardschultz.com reserves the right to monitor, delete, access, read, preserve, disclose or take other action with respect to Posting (or parts thereof) that howardschultz.com reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this TOU, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, (v) protect the rights, property or safety of howardschultz.com, its users, or the public, or (vi) that howardschultz.com believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to howardschultz.com, its services, or goodwill. If You violate this TOU, howardschultz.com may, in its sole discretion, delete the unacceptable content from Your Posting, remove or delete the Posting in its entirety, issue You a warning, and/or terminate Your use of this Site.

  2. Public Information. If You post any content in any form on this Site, including in a Posting, or disseminate any such information through the Site, You will be deemed to have relinquished or licensed to the public any intellectual property rights in such content. Such content will be deemed to be public information, and howardschultz.com may use any such content for any purpose.

  3. Howardschultz.com DOES NOT MAKE ANY REPRESENTATION WITH RESPECT TO, NOR DOES IT ENDORSE THE ACCURACY, ACCEPTABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL DISPLAYED, UPLOADED, OR DISTRIBUTED BY YOU OR POSTED OR DISPLAYED WITH RESPECT TO ANY THIRD PARTY ORGANIZATION. YOUR CORRESPONDENCE AND/OR RELATIONSHIP WITH ANY THIRD PARTY IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY. Howardschultz.com WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, COST, DAMAGE OR OTHER LIABILITY OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS.]

THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS OF THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE ERRORS OR OMISSIONS. NO WARRANTY FOR THE SITE OF ANY KIND, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS MADE OR GIVEN.

  1. Limitation of Liability. IN NO EVENT WILL Howardschultz.com BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE USE OF THIS SITE OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF Howardschultz.com OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. TOTAL LIABILITY OF Howardschultz.com FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE OR THIS TOU SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO Howardschultz.com IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR [$10](U.S.), WHICHEVER IS LESS.

  2. Governing Law. This TOU has been made in and will be construed and enforced in accordance with the laws of the State of Washington as applied to agreements entered into and completely performed in the State of Washington.

  3. Enforcing Security. You may not use the Site or any of howardschultz.com’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior. In order to maintain security, You have no reasonable expectation of privacy while using the Site because howardschultz.com reserves the right to view, monitor, and/or record activity on the Site. Such recorded activity is subject to review by law enforcement organizations. howardschultz.com will also comply with all court orders or subpoenas involving requests for information.

  4. Injunctive Relief. You agree that howardschultz.com shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of this TOU. Accordingly, You hereby waive any requirement that howardschultz.com post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to howardschultz.com to enforce any provision of this TOU.

  5. Term and Termination. This TOU will take effect (and re-take effect) the moment You click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. Howardschultz.com reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this TOU, to deny You access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if You fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact Your relationship with howardschultz.com. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to You. Upon termination, You must destroy all copies of any aspect of the Site in Your possession. The provisions concerning ownership of proprietary rights, disclaimers of warranty and liability, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.

  6. Waiver & Severability. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by howardschultz.com of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

  7. Entire Agreement. No joint venture, partnership, employment, affiliate, or agency relationship exists between You and howardschultz.com as result of this TOU or Your utilization of the Site. This TOU represents the entire agreement between You and howardschultz.com with respect to use of the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between You and howardschultz.com with respect to the Site. You may not assign or transfer any rights under this TOU without the prior written consent of howardschultz.com. Please note that howardschultz.com reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or e-mailing notice thereof to You. In addition, howardschultz.com may add, modify, or delete any aspect, program, or feature of the Site, but howardschultz.com is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Site following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review the TOU found at this location on a periodic basis.