Privacy Policy & Legal

TERMS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.

Last Updated: 11/2017

THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN AROMA JOE’S FRANCHISING, LLC, THE FRANCHISOR OF THE AROMA JOE’S® SYSTEM FOR THE UNITED STATES, AND ITS AFFILIATES (“AROMA JOE’S”, “WE” or “US”) AND YOU. PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY OF THE AROMA JOE’S® MOBILE/TABLET APPLICATIONS, WEBSITES, STORED VALUE CARDS LOYALTY PROGRAMS, AND/OR OTHER ONLINE PROGRAMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM (ALTOGETHER, “AJ ONLINE SERVICES”).

BY DOWNLOADING OR USING ANY OF THE AJ ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THEM. IF YOU DISAGREE WITH ANY PART OF THESE TERMS OR OUR PRIVACY POLICY, THEN PLEASE DO NOT ACCESS OR USE ANY OF THE AJ ONLINE SERVICES.

PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU, AND WE RECOMMEND THAT YOU PRINT OUT A COPY OF THESE TERMS FOR YOUR RECORDS.

This and other Websites (collectively, the “Website”) owned, operated, licensed, or controlled by Aroma Joe’s Franchising, LLC or any of its related, affiliated, or subsidiary companies are for your personal use.  Your access to and use of this Website is subject to the following Terms and Privacy Policy.  AROMA JOE’S reserves the right to update these Terms and Privacy Policy at any time without notice to you.  The most current version of these Terms and Privacy Policy may be accessed by clicking on the “LEGAL” hypertext link located at the bottom of the Website.  By using this Website, you accept, without limitation or qualification, these Terms and the Privacy Policy.  If you do NOT agree to these Terms and the Privacy Policy, please do NOT use this Website.

TERMS, SUPPLEMENTED TERMS, AND ADDITIONAL TERMS

Certain services offered by or through the AJ Online Services, including mobile applications, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them (“Additional Terms”). You must agree to the Additional Terms before using such services. These Terms and any Additional Terms will apply equally. In the event of an irreconcilable inconsistency between any Additional Terms and these Terms, the Additional Terms will prevail.

CHANGES TO TERMS

We may change these Terms at any time in our sole discretion so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the AJ Online Services. We may also notify you of such material changes via electronic communication, and we may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the AJ Online Services. By continuing to use the AJ Online Services after such notice and/or acceptance, you agree to be bound by these Terms as modified. All changes are effective when we post them and apply to your access and use of the AJ Online Services thereafter. Changes to the Dispute Resolution provisions below do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.

USERS AND ACCOUNTS

The AROMA JOE’S Website is not intended for use by anyone under age 13.  YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE AROMA JOE’S Website.  By accessing, using and/or submitting information to or through the AROMA JOE’S Website, you represent that you are at least age 13.

Anyone between age thirteen (13) and eighteen (18) may only use the AROMA JOE’S Website under the supervision of his/her parent or a legal guardian.  IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF AROMA JOE’S WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.  Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

You may need to create and register an account in order to use certain services on the AROMA JOE’S Website.  In creating an account, you agree to:

  • create only one account;
  • provide honest, accurate, truthful, current and complete information;
  • keep your information updated and accurate;
  • maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
  • promptly notify Aroma Joe’s if you discover or suspect that your account has been hacked or its security breached; and
  • take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

You are responsible for providing the equipment and services that you need to access and use the AROMA JOE’S Website. We do not guarantee that the AROMA JOE’S Website is accessible on any particular equipment or device or with any particular software or service plan.

We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the AROMA JOE’S Website or any component of them and to block or prevent future access to and use of the AROMA JOE’S Website and to delete your account and any related information.  Any obligation or liability incurred prior to our termination of your access to the AROMA JOE’S Website will survive such termination.

PERSONAL USE ONLY

The AJ Online Services are owned by AROMA JOE’S and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the AJ Online Services. You may not save or archive a significant portion of the material appearing in or on the AJ Online Services. All rights not expressly granted herein are reserved by AROMA JOE’S.

PRIVACY

The privacy and security of your information is important to AROMA JOE’S. Our Privacy Policy is incorporated into these Terms and also governs your use of the AJ Online Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, these Terms govern. The Privacy Policy describes the data that we gather about or from users of the AJ Online Services and how we process, use and share that data. By using the AJ Online Services, you consent to all actions that we take with respect to your data consistent with our Privacy Policy.

RESPONSIBLE USE OF THE AJ ONLINE SERVICES

You may use the AJ Online Services for lawful purposes and in accordance with these Terms. You may not use the AJ Online Services:

  • for any purpose that is unlawful or prohibited by these Terms;
  • to cause harm or damage to any person or entity;
  • interfere with the proper operation of the AJ Online Services; or
  • to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by AROMA JOE’S in its sole discretion).

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AROMA JOE’S AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY AJ ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

PROVISION OF THE AJ ONLINE SERVICES

We are constantly improving the AJ Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the AJ Online Services, or certain features of the AJ Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current AJ Online Services is subject to these Terms.

You acknowledge and agree that we may decline to provide access to the AJ Online Services or stop (permanently or temporarily) providing the AJ Online Services (or any feature, program or content within the AJ Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the AJ Online Services at any time. You do not need to specifically inform us when you stop using the AJ Online Services

You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the AJ Online Services, your account details, or any files or other content which are contained in your account.

If you use a mobile device to access the AJ Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:

  • You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the AJ Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
  • You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
  • Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
  • When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code
  • Message frequency depends on the program.

YOUR ACCESS TO AND USE OF THE AJ ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.

SERVICE SPECIFIC TERMS AND CONDITIONS

AROMA JOE’S Mobile Application

Regarding the AROMA JOE’S Mobile Application (“Mobile App”), these Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at http://www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) the relevant terms of the Google Inc. (“Google”) Google Play Developer Distribution Agreement https://play.google.com/about/developer-distribution-agreement.html (“Supplemented Terms”). You must agree to these Supplemented Terms as well as these Terms before using the AROMA JOE’S Mobile App. In the event of an irreconcilable inconsistency between any Supplemented Terms and these Terms, these Terms will prevail.

In addition, the Mobile App may make special offers available from time to time (“App Offers”). App Offers may be based on your particular location or purchasing history using the Mobile App. App Offers also may be subject to additional terms and conditions as described in the App Offer. These App Offers are an integrated feature of the Mobile App. If you do not wish to receive App Offers, you must delete the Mobile App from your mobile device(s).

By downloading and using the Mobile App you acknowledge and agree that you accept the Supplemented Terms, and that AROMA JOE’S is solely responsible for the Mobile App and the content thereof, and not Apple or Google.

AROMA JOE’S Update Program

When you become an AROMA JOE’S Member as defined below, you will be automatically enrolled in the AROMA JOE’S Update Program (“Program”) to receive emails, SMS text messages, direct mail and other communications (“Communications”) with the latest news about AROMA JOE’S and its Affiliates, special offers, and coupons. The term “Member” as used in these Terms means an individual user of the AJ Online Services who creates an AROMA JOE’S profile (“Profile”) by providing his/her name, password, valid email address, zip code of his/her primary residence and date of birth. To become a Member, you must reside in and have a valid zip code in the 48 contiguous U.S. states or Washington D.C. Groups, clubs or organizations cannot be Members, and the Program is void outside the 48 contiguous U.S., states and Washington D.C. and where otherwise prohibited, restricted or taxed.

When creating a Profile, you may choose not to receive Communications (see Opting Out of Communications, below) but your email address and other contact information may be retained indefinitely in our Program database for administrative purposes. If you choose not to receive Communications, you may not receive Program benefits, such as special offers or coupons that AROMA JOE’S may make available to Members from time to time, and which may be subject to specific terms, restrictions and conditions.

Creating a Profile does not guarantee receipt of any Communications or the availability to you of any coupons, special or promotional offers. The Program or any component of it is subject to change or termination without notice. Continued participation in the Program constitutes acceptance of its then-current terms and conditions.

Members are responsible for updating their Profiles. We are not responsible for any Communications sent to an incorrect or incomplete address or number, or for any lost, late, misdirected, damaged, postage-due or illegible mailings or other Communications. We reserve the right to correct and not honor errors made in our Communications with you.

AROMA JOE’S Online Merchandise Shop

Additional terms and conditions apply to your use of the AROMA JOE’S Online Merchandise Shop at Aromajoes.com. In addition to these Terms, please review the terms contained in the AROMA JOE’S Online Merchandise Shop Terms of Use (“Shop Terms”), our shipping Policy, and our Privacy Policy, which collectively govern your use of the AROMA JOE’S Online Merchandise Shop. To the extent there is a conflict between the Shop Terms and these Terms, the Shop Terms will govern.

AROMA JOE’S Rewards Program

At a future date, AROMA JOE’S may implement a Rewards Program in which you may be eligible to participate. To participate, you will need to enroll separately, and accept certain Rewards Program specific terms and conditions. Those Rewards Program terms and conditions will be in addition to these Terms, however, these Terms shall also govern your participation in any such Rewards Program. To the extent there is a conflict between the terms of the Rewards Program and these Terms, the terms of the Rewards Program will govern.

OPTING OUT OF UPDATE COMMUNICATIONS

To opt-out of AROMA JOE’S Update communications, update your AROMA JOE’S Profile OR click on the unsubscribe link within any AROMA JOE’S email communication. To opt-out of SMS text messages from AROMA JOE’S, update your AROMA JOE’S Profile OR Text STOP to the appropriate short code from the mobile device associated with your Profile.

AROMA JOE’S DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

To the fullest extent allowed by applicable law, AROMA JOE’S is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the AJ Online Services or any materials available in any AJ Online Service.

Except as expressly otherwise stated, AROMA JOE’S does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the AJ Online Services. Without limiting the generality of the preceding sentence, AROMA JOE’S specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the AJ Online Services.

AROMA JOE’S does not guarantee that the functions contained in any of the AJ Online Services will be secure, uninterrupted or error-free, that each the AJ Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Aroma Joe’s is aware of them.

In no event will AROMA JOE’S and its parent’s or affiliates’ total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the AJ Online Services or $100, whichever is less. You agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.

Nothing in these Terms will exclude or limit AROMA JOE’S liability for death or personal injury caused by our negligence.

COPYRIGHT AND TRADEMARK

Unless otherwise noted, all materials published on any AJ Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by AROMA JOE’S and/or its affiliates or by other parties that have licensed their material to AROMA JOE’S (“Aroma Joe’s Marks”). AROMA JOE’S Marks displayed in the AJ Online Services represent some of the proprietary rights currently owned or controlled by Aroma Joe’s in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Aroma Joe’s’ worldwide proprietary ownership rights.

Other trademarks, service marks, graphics and logos used in connection with the AJ Online Services are the trademarks of their respective owners (collectively “Third Party Marks”).

The Aroma Joe’s Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. You may not remove or alter any copyright, trademark or other proprietary right notice in the AJ Online Services. All rights not expressly granted are reserved.

DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) POLICY

This DMCA statement constitutes part of the legal terms and conditions governing all users of the AJ Online Services. In compliance with the DMCA (Title 17, United States Code), Aroma Joe’s will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. Aroma Joe’s also reserves the right to remove and disable access to any user-posted material which, in Aroma Joe’s’ sole judgment, may be infringing or violating another’s intellectual property right, whether or not Aroma Joe’s has been notified by the rights holder.

REPEAT INFRINGER POLICY

In accordance with the DMCA and other applicable law, Aroma Joe’s has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Aroma Joe’s to be repeat infringers. Aroma Joe’s may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.

DESIGNATED AGENT

In compliance with the DMCA, the Designated Agent for Aroma Joe’s to receive notifications of claimed infringement relating to any of the AJ Online Services is registered at https://www.copyright.gov/dmca-directory/

Loren Goodridge, Co-Manager

By mail: Aroma Joe’s, 352 Warren Ave, Suite 8, Portland, ME 04103

By telephone: 1-207-553-2975

NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT

If you believe that your copyright has been infringed or violated by any material posted on any of the AJ Online Services, please notify our Designated Agent listed above in writing and provide the following:

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

COUNTER-NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the AJ Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following:

  • your physical or electronic signature;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maine, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If Aroma Joe’s receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.

LIABILITY FOR MISREPRESENTATION UNDER THE DMCA.

Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it. Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.

ERRORS AND INACCURACIES

The AJ Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the AJ Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.

FEEDBACK AND SUBMISSIONS

Unfortunately, Aroma Joe’s is unable to accept unsolicited ideas. But thanks for thinking of us. By submitting any material to us through any of the AJ Online Services, you expressly grant to Aroma Joe’s and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Aroma Joe’s and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification”), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.

GEOGRAPHICAL SCOPE OF THE AJ ONLINE SERVICES

Aroma Joe’s controls and operates the AJ Online Services from within the United States. Unless otherwise specified on any AJ Online Services, the AJ Online Services are intended to promote only those Aroma Joe’s products that are sold by Aroma Joe’s in the United States; Aroma Joe’s makes no representation that the materials in the AJ Online Services or the products described thereby are appropriate or available for use in other locations. If you access the AJ Online Services from outside the United States, be advised the AJ Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the AJ Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the AJ Online Services.

This English-language set of terms is Aroma Joe’s’ official statement of its terms of use for all the AJ Online Services. In case of any inconsistency between these English-language set of terms and its translation into another language, these English-language Terms prevail.

FRANCHISE PROSPECTS

Certain materials on the AJ Online Services describe the Aroma Joe’s System. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with Federal Trade Commission Rules on Franchising and various state laws regulating the sale of franchise opportunities. You may use the AJ Online Services solely for the purpose of learning about the Aroma Joe’s franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee at https://aromajoes.com/franchising/.

DISPUTE RESOLUTION

YOU AND AROMA JOE’S AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Any dispute between you and Aroma Joe’s and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Aroma Joe’s”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in Cumberland County, in the State of Maine administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Aroma Joe’s will provide such notice by e-mail to your e-mail address on file with Aroma Joe’s and you must provide such notice by completing the form on the Contact page of our website at https://aromajoes.com/contact-us/customer-feedback/ with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Aroma Joe’s will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Aroma Joe’s for all fees associated with the arbitration that Aroma Joe’s paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.

The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and 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. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Aroma Joe’s and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Aroma Joe’s nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

TAXES

You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the AJ Online Services by any authority.

NOTICE TO CALIFORNIA RESIDENTS

Under California Civil Code Section §1789.3, California residents are entitled to the following specific consumer rights information:

The provider of the AJ Online Services is Aroma Joe’s, 352 Warren Ave, Suite 8, Portland, ME 04103.

To file a complaint regarding the AJ Online Services or to receive further information regarding use of the AJ Online Services, send a letter to the above address or contact Aroma Joe’s via the contact form on our website at https://aromajoes.com/contact-us/customer-feedback/ (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.

GENERAL PROVISIONS

No delay or failure on the part of Aroma Joe’s to enforce any part of these Terms will constitute a waiver of any of Aroma Joe’s’ rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Aroma Joe’s nor the reliance of any person on Aroma Joe’s’ actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Aroma Joe’s will have any legal effect whatsoever. If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Aroma Joe’s but you may not assign them without the prior express written consent of Aroma Joe’s. The headings and captions contained herein are for convenience only.

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to AROMA JOE’S through this Website (together, the “Submission”) will forever be the property of AROMA JOE’S.  AROMA JOE’S will not be required to treat any Submission as confidential.  AROMA JOE’S will not be liable for any ideas used in its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future AROMA JOE’S operations with such Submissions.  Without limitation, AROMA JOE’S will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere.  AROMA JOE’S will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.  You acknowledge that you are responsible for whatever material you submit, and you, not AROMA JOE’S, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AROMA JOE’S AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY AROMA JOE’S ONLINE SERVICE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.

JURISDICTION

Except as described otherwise, all materials in the AROMA JOE’S Website are made available only to provide information.  AROMA JOE’S controls and operates this Website from its headquarters in Portland, Maine, United States of America and makes no representation that these materials are appropriate or available for use in other locations.  If you use this Website from other locations, you are responsible for compliance with applicable state and local laws.  These Terms and the Privacy Policy are governed and interpreted under the laws of the State of Maine, United States of America.  By using this Website you consent to the jurisdiction of the courts located in Maine for any action arising from these Terms and the Privacy Policy.  Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.  If any portion of these Terms and the Privacy Policy is deemed unlawful, void or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity and enforceability of any remaining provisions.  The failure of AROMA JOE’S to act with respect to a breach of these Terms and the Privacy Policy by you or others does not constitute a waiver and shall not limit any party’s rights with respect to such breach or any subsequent breaches.

FUEL (GIFT) CARDS

Protect your gift card like cash.  Lost or stolen gift cards will not be replaced.

No service fees are charged on gift cards.

All sales of gift cards are final and cannot be returned.

Gift cards may not be resold for less than face value.

For balance inquiry or customer service, call 1-207-553-2975.  You may redeem this gift card for food and beverages at any participating AROMA JOE’S® in the U.S.

By ordering gift cards through this Website, each reseller hereby agrees and acknowledges to fully defend, indemnify and hold harmless Aroma Joe’s Franchising, LLC, and their related subsidiaries and affiliates from any action, loss, damage or liability arising from, related to, or in connection with the sale of any gift card sold by reseller in any jurisdiction.

DISCLAIMER

THE MATERIAL IN THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  AROMA JOE’S MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.  THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AROMA JOE’S DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  AROMA JOE’S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY DATA OR INFORMATION YOU SUBMIT WOULD BE SECURE OR FREE FROM UNAUTHORIZED ACCESS OR ACQUISITION, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  AROMA JOE’S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, SECURITY, OR OTHERWISE.  YOU (AND NOT AROMA JOE’S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.  THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

LINKING

Any creation by you of hyperlinks to this website is not allowed without the express written consent of AROMA JOE’S.

This Website may be linked to other websites which are not maintained by AROMA JOE’S.  AROMA JOE’S is not responsible for the content of those websites.  The inclusion of any link to such websites does not imply endorsement by AROMA JOE’S of the websites.  All other trademarks are the property of the respective trademark owners. You access such websites and use such services at your own risk.

TRADEMARKS AND LOGOS

Use of AROMA JOE’S’s registered trademarks, designs and/or logos without the express written consent of AROMA JOE’S is prohibited.

MISCELLANEOUS

These Terms and the Privacy Policy will be governed and be interpreted pursuant to the laws of the State of Maine, United States of America, notwithstanding any principles of conflicts of law. If any part of these Terms and the Privacy Policy is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this Website for illegal purposes will be provided to the appropriate law enforcement authorities. AROMA JOE’S can revise these Terms and the Privacy Policy at any time by updating this posting. AROMA JOE’S products and services are available in many parts of the world. However, the AROMA JOE’S Website may describe products and services that are not available worldwide.

Contact Aroma Joe’s

If you have questions regarding any of these Terms, you can contact us by using the Contact form on the Aroma Joe’s website https://aromajoes.com/contact-us/customer-feedback/, or telephone us at 1-207-553-2975, or you can write to us at Aroma Joe’s Franchising, LLC, 352 Warren Avenue, Portland, ME 04103

©2017. Aroma Joe’s name, design, logos and related marks are registered trademarks of AJ IP HOLDER, LLC. All rights reserved.

 

 

 

 

 

 

 

PRIVACY POLICY AND DISCLOSURES

Last modified 11/2017

Introduction

YOUR PRIVACY IS VERY IMPORANT TO AROMA JOE’S FRANCHISING, LLC, THE FRANCHISOR OF THE AROMA JOE’S® SYSTEM FOR THE UNITED STATES, AND ITS AFFILIATES (“AROMA JOE’S”, “WE” or “US”.) THIS PRIVACY POLICY APPLIES TO YOUR ACCESS AND USE OF THE AROMA JOE’S ONLINE SERVICES, INCLUDING USE OF OUR MOBILE/TABLET APPLICATIONS, WEBSITES, STORED VALUE CARDS LOYALTY PROGRAMS, AND/OR OTHER ONLINE PROGRAMS, OR THE MATERIALS, SOFTWARE AND CONTENT AVAILABLE IN OR THROUGH THEM (ALTOGETHER, “AJ ONLINE SERVICES”). BY USING AND/OR DOWNLOADING ANY OF THE AJ ONLINE SERVICES, YOU CONSENT TO ALL ACTIONS THAT WE TAKE WITH RESPECT TO YOUR DATA CONSISTENT WITH THIS PRIVACY POLICY, AND YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY IT. IF YOU DISAGREE WITH ANY PART OF THIS PRIVACY POLICY, THEN PLEASE DO NOT USE ANY OF THE AJ ONLINE SERVICES.

We want you to enjoy every visit to AromaJoes.com, as well as every experience with AJ Online Services, and you should be aware that the AJ Online Services may make sensitive permissions requests on your computer, tablet or mobile device, and handle personal or sensitive user data (including personally identifiable information, financial and payment information, authentication information, phonebook or contact data, microphone and camera sensor data, and sensitive device data), and collect information about you and we may share that information with third parties in certain circumstances. Please read the following provisions carefully to understand how Aroma Joe’s collects, uses and discloses personally identifiable information from its users.

Aroma Joe’s controls and operates its business and the AJ Online Services from within the United States of America. Our online privacy practices are governed by the laws of the United States and the State of Maine, which may differ from privacy laws in your state or home country. By submitting your personal information to us or our agents, through use of the AJ Online Services, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with applicable U.S. Federal and State laws and with this Privacy Policy.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use the AJ Online Services.  By accessing or using the AJ Online Services, you agree to this privacy policy. We may change our Privacy Policy, so please check this page from time to time, as your continued use of the AJ Online Services, after we publish our changes, indicates your acceptance of any changed terms. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

  1. What Kind of Information We Collect

Whether accessing the AJ Online Services from your home computer or from your smart phone, tablet, or other mobile device, Aroma Joe’s and its agents may collect some information that identifies you or relates to you as an individual (“Personal Information”), such as your:

  • name;
  • mailing address and/or zip code;
  • telephone number;
  • e-mail address;
  • username and password (for account administration);
  • device ID, including IP address;
  • geolocation;
  • financial account information and other payment information (that you submit to us for order processing);
  • additional personal information necessary for the administration of certain promotional events (such as your birth month and date, and your preferences);
  • if you are sending a gift via the AJ Online Services, the personal contact information of the gift recipient and other information we may need to deliver the gift; and
  • if you are applying for a franchise, date of birth, social security number, contact and employment information.

 

In addition, we may collect other types of data elements (“Other Information”) that do not reveal your identity or that do not relate directly to you or any other individual, such as:

  • browser and device information, including operating system;
  • demographic information and other information provided by you that we may combine with other users of the AJ Online Services or use on its own;
  • mobile application usage data;
  • aggregated information such as “click stream” information such as entry and exit points for the AJ Online Services (including referring URLs or domains), certain AJ Online Services traffic statistics, page views, and impressions; and
  • information collected through cookies, pixel tags and other technologies described in more detail later in this Privacy Policy.

 

As you navigate through and interact with the AJ Online Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

 

  • Details of your interactions with AJ Online Services or mobile applications, including traffic data, location data, logs, and other communication data and the resources that you access and use with AJ Online Services.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

 

The information we collect automatically is statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties.  It helps us to improve our AJ Online Services and to deliver a better and more personalized service, including by enabling us to:

 

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize the AJ Online Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to AJ Online Services.

 

The technologies we use for this automatic data collection may include:

 

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of AJ Online Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the AJ Online Services.
  • Flash Cookies. Certain features of AJ Online Services may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on AJ Online Services. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of the AJ Online Services [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 

In addition, when users request pages on the AJ Online Services, our servers automatically log the IP address of the particular user. The IP address is a unique number assigned to your computer in order to identify it whenever you are surfing the Web.

  1. How We Use the Personal Information We Collect

We may use Personal Information about you for purposes described in this Privacy Policy or as otherwise disclosed to you through the AJ Online Services. For example, we may use Personal Information to:

  • to present our Website and its contents to you;
  • process and manage your purchase and use of our products and services;
  • respond to your inquiries or requests, and to post your comments or statements on message boards or in our online forums;
  • create and deliver personalized promotions, including by combining your Personal Information with Other Information, such as the amounts and types of purchases you make and benefits you receive;
  • communicate with you by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging about Aroma Joe’s or our franchise program or franchisees, including but not limited to information about your orders or purchases, your services, accounts, contests you entered into, your requests for information, and to update you about changes to the AJ Online Services;
  • communicate with you, including by mail, telephone, facsimile, e-mail, mobile alerts and SMS text messaging, in connection with our marketing efforts, such as when we send you offers and promotions that you can take advantage of through the AJ Online Services or at your local Aroma Joe’s shop;
  • allow you to send communications or benefits (for example gifting through the Aroma Joe’s mobile application) to friends or family through the AJ Online Services. By using this functionality, you acknowledge and agree that you are permitted to use and provide us with your friend’s or family’s name and e-mail address;
  • further our business purposes, such as to perform data analysis, audits, fraud monitoring and prevention, to enhance, improve or modify the AJ Online Services, to identify usage trends, determine the effectiveness of our promotional campaigns and to operate and expand our business activities;
  • assist in the assessment of your application for an Aroma Joe’s franchise; and
  • for any other purpose with your consent.

 

We may send “transactional or relationship” communications to you, such as notices to facilitate a transaction you have conducted or messages that provide information about your existing account, using various electronic communication, including email and mobile communications.

You must opt-in to receive email and mobile communications (other than “transactional or relationship” communications referenced above), including SMS text messages from AROMA JOE’S. Any opt-in will be subject to this Privacy Policy and we’ll only email you, send you mobile alerts or SMS text messages if you opt-in to receive them from us. If, at any time, you decide you would rather not receive these types of communications from AROMA JOE’S, you can opt-out by clicking the unsubscribe link at the bottom of any AROMA JOE’S email or update the Contact Preferences for your AROMA JOE’S account.

  1. How We May Disclose Personal Information We Collect

Your privacy is very important to us. We generally won’t disclose your Personal Information to anyone outside of AROMA JOE’S or our network of franchises, except in the following circumstances.

Service Providers

We may disclose your Personal Information to third-party contractors or service providers to provide us with services such as website hosting, professional services, including information technology services and related infrastructure, customer service, e-mail delivery, auditing and other similar services.

Affiliates & Subsidiaries

We may disclose personal Information to our affiliates and subsidiaries (“Affiliates”) for the purposes described in this Privacy Policy, including for marketing purposes, and to be consistent with our goal of providing our consumers with the superior product and consumer experience that our customers have come to expect from us around the globe. Affiliates are those companies that are under common control with AROMA JOE’S or its franchisees, authorized development agents of AROMA JOE’S, or other business partners of one of those.

To Perform Services That You Request

We may disclose your Personal Information to third parties in order to perform services you request or functions you initiate, such as when you post information and materials on message boards and forums, including but not limited to our Facebook, Twitter, Instagram, or other social media pages. When you post information in a public forum it becomes public information. In addition, we may disclose your Personal Information in order to identify you to anyone to whom you send communications through the AJ Online Services, including when you send gifts using the AJ Online Services.

Corporate Transactions or Events

We may disclose your information to a third party in connection with a corporate reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock, including in connection with any bankruptcy or similar proceedings.

Legal Process

In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law, including laws outside your country of residence; (2) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (3) to comply with subpoenas and other legal processes; (4) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our Affiliates; (6) to protect the rights, privacy, safety or property of AROMA JOE’S, our Affiliates, you and others; and (7) to enforce our terms and conditions.

Franchise Applications

Finally, we may disclose the personal information you submit on a franchise application to our business units, agents, parent company, Affiliates and to third parties as part of our consideration of that application and to help conduct our franchise marketing efforts. We require our agents to respect our privacy practices and not use your personal information for purposes other than to carry out our instructions.

  1. How We May Use and Disclose Other Information We Collect

Similarly, we generally use Other Information for any purpose not prohibited by law. In particular, we may collect, compile, store, publish, promote, report, sell, or otherwise disclose or use any and all Other Information, provided that such information does not personally identify you. The Other Information that we collect generally will not personally identify you or be correlated to you individually for external purposes.

Where we combine Other Information with Personal Information in a way that can identify you or be used to identify you personally, we will treat such information as Personal Information, subject to the provisions of this Privacy Policy.

  1. You can visit the Shop section of the AROMA JOE’S website and/or use the AROMA JOE’S mobile application to manage and correct factual inaccuracies in the information we have on file about you.

AROMA JOE’S has implemented reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of Personal Information provided or collected through our AJ Online Services. With respect to payment card information and other Personal Information collected through our AJ Online Services, we use Secure Socket Layer Technology or SSL to encrypt or scramble that information during transmission. We also handle all user data securely, including transmitting it using modern cryptography (for example, over HTTPS).

  1. How We Provide Security and Protect Your Personal InformationData Security

We have implemented reasonable measures and safeguards designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. For any payment transactions, payment card information, and other Personal Information collected through our AJ Online Services, we use Secure Socket Layer Technology or SSL to encrypt or scramble that information during transmission. We also handle all user data securely, including transmitting it using modern cryptography (for example, over HTTPS).

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the AJ Online Services, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the AJ Online Services like message boards. The information you share in public areas may be viewed by other users.

Unfortunately, the transmission of information via the internet is never completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted through the AJ Online Services. Any transmission of Personal Information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the AJ Online Services. If you believe that your AROMA JOE’S account or any information you provided to us is no longer secure, please notify us immediately through the Contact Us information provided below.

  1. Our Policy on Cookies, Interest-Based Advertising and “Do Not Track”

What Are Cookies?

Cookies are small text files placed in your computer browser directories to store your information about your use of the AJ Online Services and your activities online (collectively, “Cookies”). A Cookie will typically contain the name of the domain (internet location) from which the Cookie has come, the “lifetime” of the Cookie (i.e. when does it expire), and a value, usually a randomly generated unique number. To find out more about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

How We Use Cookies

We use Cookies so that we can improve your online experience – for example, by remembering you when you come back to visit us, and making the content you see more relevant to you. Cookies also enable us to track online purchases made through the AJ Online Services.

Your Control of Cookies

If you do not wish to receive Cookies or wish to manage when you accept Cookies in general, you may set your browser to reject Cookies or to alert you when a Cookie is placed on your computer. Although you are not required to accept our Cookies, if you set your browser to reject Cookies, you may not be able to use all of the features and functionality of the AJ Online Services. The Help feature on most browsers will tell you how to prevent your browser from accepting new Cookies, how to have the browser notify you when you receive a new Cookie, or how to disable Cookies altogether. If you block or otherwise reject our Cookies, you may lose some of the functionality of our Website. For example, you may not be able to use any products and services that require you to sign in.

Online Marketing and Advertising

The AJ Online Services also use Cookies and other technologies such as pixel tags, web beacons and clear GIF files (collectively, “Data Collection Technologies”) to help manage our online marketing and advertising program. These Data Collection Technologies are provided by our ad management partners and other third parties.

In addition, we and our partners may use these Data Collection Technologies to track the actions of users of the AJ Online Services, to measure statistics of our marketing efforts, and to deliver advertisements on the AJ Online Services that may be more relevant to individual consumers and that will improve the consumer experience on the AJ Online Services. For example, if you give us your zip code and we thus know you live in an area where a particular in-store promotion is going on (such as a new beverage offering), we may deliver to you a communication or advertisement that is specific to that promotion.

In addition, please note that certain third parties that we do not control may use Data Collection Technologies on the AJ Online Services such as information about your use of the AJ Online Services, including for analytics and fraud prevention as well as any other legal purpose. When we use the term “Data Collection Technologies” we are referring to any technology that collects information about your use of the AJ Online Services and potentially about your activities when you leave the AJ Online Services and visit other websites on the Internet.

While we are committed to providing you with meaningful privacy protections, please be aware that currently, we do not recognize or respond to browser initiated Do Not Track (“DNT”) signals.

  1. Social Networking and Third-Party Websites

When you link to the AJ Online Services through any social networking or third-party websites, applications or services, please remember that you are bound by the privacy policy of the social network or third-party website, application or service, and we do not control and are not responsible for the privacy practices of such websites. You should consult the privacy policy of such websites to determine the information practices of those websites.

  1. Children’s Online Privacy

Aroma Joe’s recognizes the importance of protecting the privacy of children. We will not knowingly collect any personally identifiable information from children under the age of thirteen (13). When a user discloses personal information on the AJ Online Services, the user is representing to us that he or she is at least thirteen (13) years of age. If you are under 13, do not use or provide any information on the AJ Online Services or on or through any of its features, register with any of the AJ Online Services, make any purchases through the AJ Online Services, use any of the interactive or public comment features of the AJ Online Services, or provide any information about yourself to us, including but not limited to your name, address, telephone number, email address, or any screen name or user name you may use. If a child under the age of thirteen (13) has provided us with personally identifiable information through the AJ Online Services, we ask that a parent or guardian notify us by using the Contact form on the Aroma Joe’s website https://aromajoes.com/contact-us/customer-feedback/, and we will delete the child’s information from our records.

  1. Third Parties and Your Responsibilities

If you choose to use AJ Online Services functionality that allows you to send messages, gift cards, or delivery orders to third parties, you must obtain their permission to provide their personal information, such as their name, phone number or email address, to AROMA JOE’S, and all other parties necessary to carry out the requested functionality, for example, by delivering a delivery order.

You are solely responsible for maintenance of the confidentiality and security of any information which you transmit from or store on your computer, tablet, or mobile device for purposes of accessing and using the AJ Online Services, and for all transactions and other activities undertaken in your name, whether authorized or unauthorized. You agree to immediately notify AROMA JOE’S of any unauthorized transactions associated with the AJ Online Services, or any other breach of security, and that AROMA JOE’S shall not be responsible for any losses, costs or expenses arising out of the loss or theft of information which you may have transmitted from or stored on any device of yours, or from unauthorized or fraudulent transactions associated with the AJ Online Services.

  1. Email Communications, Text Communications and Push Notifications

If you sign up for a user account using the AJ Online Services, you are by default opted in to receive promotional email communications, text communications and push notifications from AROMA JOE’S (“Electronic Communications”) which may include promotional communications, special offers, account related information, and system messages. You may opt out of receiving Email Communications by visiting the Shop section of the AROMA JOE’S website and/or using the AROMA JOE’S mobile application to adjust your profile settings.

  1. International

This English-language Privacy Policy is AROMA JOE’S official statement of its AJ Online Services privacy practices. In case of any inconsistency between this English-language Privacy Policy and its translation into another language, this English-language document prevails.

  1. Your California Privacy Rights

California Civil Code Section §1798.83 permits users of AJ Online Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@aromajoes.com or write us at: Aroma Joe’s Franchising, LLC, 352 Warren Avenue, Suite 8, Attn: Privacy Officer, Portland, ME 04103.

  1. Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting the AJ Online Services and this privacy policy to check for any changes.

  1. Contact Us

If you have any questions regarding our privacy practices, you can contact us by using the Contact form on the AROMA JOE’S website https://aromajoes.com/contact-us/customer-feedback/, or telephone us at 1-207-553-2975, or you can write to us at Aroma Joe’s Franchising, LLC, 352 Warren Avenue, Suite 8, Attn: Privacy Officer, Portland, ME 04103.

©2017. Aroma Joe’s name, design, logos and related marks are registered trademarks of AJ IP Holder, LLC. All rights reserved.

 

 

 

 

 

  SHIPPING POLICY

Last Modified: 11/2017

Order Processing:

Normal order processing can take between 1-4 business days (Monday – Friday).

Shipping Delivery:

The following shipping methods are available, USPS First Class Mail® (5–7 business days) and USPS Priority Mail® (3-4 business days). Business days may not include weekends and there is no weekend delivery for any shipping method. Unless required by the shipping carrier, we do not require a signature for delivery. Some items cannot be shipped using USPS First Class Mail® due to size, weight, and delivery address. These items will only have USPS Priority Mail® available. Currently, excluding Canada, we do not ship to U.S. Territories, APO/FPO, or other international addresses. Please note that orders could arrive in multiple packages.

USPS First Class Mail®:

Orders delivered within the 48 contiguous states should arrive in 5 – 7 business days depending on delivery location. Orders shipped to Alaska, Hawaii, and Canada will take an additional 2 – 5 days for delivery and may be subject to an additional delivery fee. Alaska, Hawaii, and Canada are excluded from Free Shipping promotions. Packages shipped by USPS First Class Mail® do not include shipment tracking.  Aroma Joe’s® will not be responsible for lost or damaged packages that are shipped via USPS First Class Mail®. Upon selection of USPS First Class Mail®, Purchaser acknowledges and agrees that any loss or damage arising during shipment of the package shall be the sole responsibly and expense of Purchaser.

USPS Priority Mail®:

Orders delivered within the 48 contiguous states should arrive in 3 – 4 business days depending on delivery location. Orders shipped to Alaska, Hawaii, and Canada will take an additional time for delivery and may be subject to an additional delivery fee. Alaska, Hawaii, and Canada are excluded from Free Shipping promotions. Packages shipped by USPS Priority Mail® will be provided a tracking number by USPS

Multiple Shipping Addresses:

At this time, we can only ship to one address per order. To ship to multiple addresses, please create separate orders for each delivery address.

Shipping Rates:

Shipping rates vary based the weight, size, and delivery address of the package.  In order to confirm the cost for any delivery please use the “Calculate Shipping” feature in your order Shopping Cart.

*Shipping rates are subject to change at any time.

Signature Confirmation

Some orders may require a signature at time of delivery. If signature is required, carrier will make three delivery attempts, excluding weekends and holidays. Carrier will not deliver unless they acquire a signature.

Fuel Cards:

Fuel Cards are sold in increments of $10, $25, and $50.  Protect your gift card like cash.  Lost or stolen gift cards will not be replaced.  No service fees are charged on gift cards

For balance inquiry please follow the instructions located on the back of your Fuel Card.  You may redeem your gift card for food and beverages at any participating Aroma Joe’s® in the U.S.

 

 

 

 

 

 

 

 OFFICIAL CONTEST AND SWEEPSTAKES RULES.

Last Modified: 11/2017

THESE RULES SHALL APPLY TO ALL CONTESTS OR SWEEPSTAKES SPONSORED OR OTHERWISE HOSTED BY AROMA JOE’S FRANCHSING, LLC (“CONTEST”). EACH SPECIFIC CONTEST SHALL ALSO BE GOVERNED BY ADDITIONAL SPECIFIC RULES AS DISCUSSED BELOW (“ADDITIONAL TERMS”) IN CONJUNCTION WITH THE FOREGOING GENERAL RULES. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER FOR A CHANCE TO WIN. BY ENTERING IN THE CONTEST, ENTRANT AGREES TO BE BOUND BY THESE GENERAL CONTEST RULES (“GENERAL TERMS”).

Sponsored by Aroma Joe’s Franchising, LLC (“AROMA JOE’S”)

You must agree to these General Terms and any Additional Terms before entering any Contests.  These General Terms and any Additional Terms will apply equally.  In the event of an irreconcilable inconsistency between these General Terms and any Additional Terms, the Additional Terms will prevail.  Entry forms for any Contest may be distributed by any means, website, in-store, social media, or any other media or combination thereof at AROMA JOE’S sole discretion, which may vary for each specific Contest. Please see Additional Terms for each specific Contest for more details related to that specific Contest. The selection of a winner for any Contest will be chosen at random and is the sole discretion of Aroma Joe’s Franchising, LLC (“Sponsor”).

  1. TIMING: The entry period for any Contest will be further detailed on the entry form for the contest or within the Additional Terms (“Entry Period”).
  2. ELIGIBILITY: The person entering the Contest (“Entrant”) must be 18 years of age or older at the time of entry. The Contest is open to any U.S. citizen who is at least 18 years of age at the time of entry. All other Entrants will be disqualified.  All Entrants are only eligible to win a prize from AROMA JOE’S one time per calendar year.  Employees of Sponsor and its divisions, franchises, franchisees, subsidiaries, licensees or affiliates, their immediate families and/or household members are not eligible to participate. Void where prohibited by law.
  3. CONDITIONS OF PARTICIPATION: Entering the Contest by submitting an Entry constitutes Entrant’s agreement to abide by and be bound by these Official Rules including the General Terms and Additional Terms for each respective Contest. Being eligible to win the Contest is contingent upon the fulfillment of all requirements set forth in these Official Rules including the General Terms and Additional Terms for each respective Contest. Decisions of Sponsor are final and binding in all matters related to entry and the winner’s selection process (as defined in these Official Rules including the General Terms and Additional Terms for each respective Contest).
  4. TO ENTER: During the Entry Period, to enter the Contest, Entrant must: 1) Follow the instructions to complete the official entry form; and 2) submit all required information to be entered to win. Entrants are not eligible to win more than one prize during the Contest. Limit one Entry per person.
  5. SELECTION OF WINNERS: Winner selection will be done at random by Sponsor at the AROMA JOE’S Corporate Headquarters in Portland, ME. Winner chosen by Sponsor is final pending confirmation of eligibility in accordance with these Official Rules including the General Terms and Additional Terms for each respective Contest.  Winning prizes are non-negotiable and non-transferable. Entrants will be notified via email by Sponsor of their selection as a winner, along with instructions on how the winner may claim the prizes. If Sponsor does not receive a response from a winner within a 24 hour period, Sponsor reserves the right to choose alternate winners or terminate prizes.
  6. LIMITATIONS OF LIABILITY AND RELEASE: By entering the Contest, Entrants agree to release and hold harmless Sponsor and its directors, employees, agencies, affiliates, subsidiary, parent companies and their respective creative officers (collectively, the “Released Parties”) from and against any claim or cause of action arising out or in connection with this Contest, including the release of personal information. Entrants further agree that in any cause of action, the Released Parties’ liability will be limited to the costs of entering and participating in the Contest and in no event shall the Released Parties be liable for attorney’s fees or court costs. Entrants waive the right to claim any other additional damages whatsoever, including but not limited to, punitive, consequential, direct or indirect damages.  By entering the Contest, Entrants agree to release and hold harmless the Released Parties from any and all liability for injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT, MISAPPROPRIATION, PUBLICITY RIGHTS, DEFAMATION AND/OR INVASION OF PRIVACY.
  7. USE OF DATA: Sponsor may collect personal data about Entrants in accordance with its Terms of Use and Privacy Policy. The most current version of the Terms and Privacy Policy may be accessed by clicking on the “LEGAL” hypertext link located at the bottom of the Website. By entering the Contest, Entrants hereby agree to Sponsor’s collection and usage of their personal information for marketing purposes and acknowledge that they have read and accepted Sponsor’s Privacy Policy.
  8. WINNERS’ LIST REQUEST: To request confirmation of the name and address of the winners of the Contest, please send a self-addressed, stamped business size envelope to: Aroma Joe’s Franchising, LLC, Attn: Legal Department, 352 Warren Avenue, Suite 8, Portland, ME 04103, with a written request specifying the specific Contest information being requested.