Terms of service

Your access to this Site is on condition that you do not violate these Terms. The Site is owned and operated by Casey Hawkins, Inc. (“THB”). AN AGREEMENT TO ARBITRATE CLAIMS AND CERTAIN DISCLAIMERS OF WARRANTIES AND LIABILITY ARE ESSENTIAL PARTS OF THESE TERMS.  If THB materially alters these Terms in a way that diminishes your rights, THB will notify you about the new Terms. Your continued use of the Site after notice of changes means you accept the changes.  If you do not agree to any of the changes, you will (as your sole remedy) stop using the Site. The Terms can not be changed except as specified, and any attempt by you to modify the Terms unilaterally is void.

The Site is intended for individuals who are at least 16 years of age and residents of the United States. Products advertised for sale through the Site are only available in U.S. stores, or to ship to addresses in the U.S. If you are under 13 years of age, you should not use the Site. All discount codes, coupons and similar promotional offers must be entered prior to payment. Misuse of such codes or coupons violates these Terms.

License to Use

You may use the Site for its intended purposes as long as you comply with these Terms.

Prohibited Conduct

You may not use the Site to transmit any content or engage in any conduct which:

  • Infringes any intellectual property right owned by THB or a third party;
  • Violates these Terms;
  • Harasses or threatens others;
  • Involves the use or distribution of malware, meaning viruses, trojan horses, trap doors, easter eggs, worms, time bombs, packet bombs, ransomware, cancelbots and any other other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept or expropriate any system data or user information;
  • Involves SPAM or using the Site to send unsolicited communications about any goods or services;
  • Involves accessing the Site using any automated means such as bots, harvesters, scrapers, or spiders, except by permission of THB;
  • Involves impersonating any person or entity, or misrepresend your affiliation with any person or entity;
  • Includes denial of service attacks or other acts that unduly burden the infrastructure of our Site; or
  • Is in violation of applicable law.
  • We may withdraw permission to use the Site at any time, for any reason, including but not limited to your violation of these Terms. In addition to terminating your access, THB reserves all legal rights and remedies in response to a violation of these Terms.

THB Intellectual Property

The Site and their content are protected by copyright, trademark, trade dress and other intellectual property rights. You may only use the Site consistently with our rights. Our practices related to your personal information are as specified in the Privacy Policy.

The Human bean is a registered service mark of THB. Our marks include, without limitation, the following:

Mark USPTO Registration Number
THE HUMAN BEAN 2,493,213
THE HUMAN BEAN ESPRESSO COFFEE ETC. 2,760,822

THE HUMAN BEAN DRIVE THRU

 2,805,579
H2B 3,264,873
Human Bean Website Home Page - A close up of a plate - The Human Bean 5,545,858
Human Bean Car Decal – Horizontal - A close up of a logo - Logo 5,545,866

The THB logos, and other trademarks, service marks, labels, product names and service names (“Marks”) are owned or licensed by THB.  You may not otherwise copy, display or use the Marks without the prior written permission of THB. You will not use the Marks in any way likely to cause confusion, or in connection with any product or service that is not authorized or sponsored by THB. The Site, and all its content including without limitation its look-and-feel, text, graphics, multimedia content, images, illustrations, audio and video clips, content in html and other markup languages, and all scripts associated with it are owned by THB or by its licensors or content providers.  Reproduction or republication of the entire THB Site is strictly prohibited. Any content copied, downloaded or printed from the Site must retain all copyright, trademark and other notices of proprietary rights. The device of a user, who is using the Site as intended, may store and display certain content from the Site.

Required Notices

You agree to receive exclusively via email, to the address last provided by you to THB, any notice that we are required to send to you.  You will keep your contact information current and promptly notify THB if you discover any unauthorized use of your information.

Representations and Indemnification

You represent that any information you provide through the Site is true, current, and complete. You agree to defend, indemnify and hold harmless THB and its officers, directors, employees, and affiliates from and against any and all claims, damages, costs, and expenses (collectively “Claims”) arising from or related in any way to your misuse of the Site, or your breach of your representations, or your breach of any material provision of these Terms.

Disclaimer of Warranties

THB strives to provide the Site in accordance with industry standards for accuracy, reliability, and security. However:

  • Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. THB expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that information provided by the Site will fulfill any of your particular purposes or needs.
  • THB does not guarantee or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free; that the results that may be obtained from the use of the Site will be accurate or reliable; or that any errors in the technology will be corrected.
  • No information, whether oral or written, obtained by you from THB or through a THB Service will create any warranty not expressly stated in these Terms.

Limitations and Exclusions of Liability

To the extent permitted by applicable law, THB will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, or the cost of getting substitute goods or services, or the use, inability to use, unauthorized use, performance or non-performance of any third-party account (even if THB has been advised of the possibility of such damages), whether based on contract, tort or any other legal theory, resulting from your use of or inability to use the Site. If you are dissatisfied with the THB Site, or any of the information contained therein, or if you refuse to abide by these Terms, your sole and exclusive remedy is to discontinue your use.  If you are a California resident, you waive the provisions of Section 1542 of the California Civil Code, which states as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor, and any other municipal, local, state, or federal law, common or statutory, which may have arisen, or which may arise, prior to, or at the time of, the execution of this Agreement.”

Disputes and Arbitration

Any claim or controversy arising out of or relating to the use of the Site, goods or services provided by THB, or to any acts or omissions for which you may contend THB is liable, including any claim or controversy as to arbitrability (“Dispute”), will be finally and exclusively settled by arbitration. The arbitration will be before one (1) arbitrator under the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA rules”). The arbitration will be venued in a location reasonably convenient to you. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, the parties will select an arbitrator mutually agreeable to both parties. Should the AAA decline to accept a matter submitted for individual (non-class) arbitration under these Terms, the parties will jointly select another arbitrator. In the event the parties are unable to agree on a neutral arbitrator, the claimant may file suit in any court of competent jurisdiction solely for the purpose of requesting the appointment of an arbitrator for individual (non-class) arbitration, as provided for in Section 5 of the Federal Arbitration Act. To begin arbitration, you must make a written demand for arbitration. This agreement is not an agreement to joinder or consolidation of arbitration with arbitration of disputes or claims of any non-party, regardless of the nature of the issues involved. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

THIS AGREEMENT PROVIDES THAT DISPUTES BETWEEN YOU AND THB WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT BY A JUDGE OR JURY.

If this arbitration agreement is deemed inapplicable or unenforceable by a court of competent jurisdiction, or in any instance of any lawsuit between you and THB, sole jurisdiction and venue will be in the state or federal courts of Oregon. If either party employs attorneys to enforce any right in connection with any dispute, the prevailing party will be entitled to recover its reasonable attorneys’ fees and costs, including on appeal.

General Terms

These Terms constitute the entire agreement between you and us with respect to their subject matter. If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions. These Terms will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its rules respecting the conflicts of laws. This contract is deemed made and fully performable in Jackson County, Oregon.