LAST UPDATED: AUGUST 20, 2014
These Terms of Service (the “Terms of Service”) are a contract between you, the user, and T.H.A.O. Tea Company, LLC (“we”, “us” or the “company“). The company operates the T.H.A.O. Tea website, www.thaoteaco.com and other related products and services. By using the T.H.A.O. Tea website or any services accessible from the T.H.A.O. Tea website, you (the “user”) are agreeing to be bound by these Terms of Service. If you do not agree to these Terms of Service or any part thereof, your only remedy is to not use the T.H.A.O. Tea website and any services or products offered on the T.H.A.O. Tea website (the “company services”). Violation of the Terms of Service will result in the termination of your right to use the company services. We reserve the right to refuse service to anyone for any reason at any time.
The company services are available only to individuals who have the capacity to form legally binding contracts under the law applicable to these Terms of Service. Furthermore, the company services are not available to minors (under 18 years of age). If you do not qualify as an authorized user, you are not permitted to use the company services and no contract will be formed between you and the company. As a condition of your use of the company services, you agree to provide us with true, accurate, current and complete information as prompted by the registration forms, when registering for or using the company services, and to update and maintain the truthfulness, accuracy and completeness of such information.
All right, title, and interest in and to the company services, including the T.H.A.O. Tea brand, name, logo and domain name, text, graphics, logos, icons, images, audio and video clips, digital downloads, and software, are and will remain the exclusive property of us and our licensors. The content on the T.H.A.O. Tea website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms of Service gives you a right to use the company name or any of the company trademarks, logos, domain names, and other distinctive brand features. You acknowledge that the ownership in any intellectual property rights (including, for the avoidance of doubt, patents, copyright, rights in databases, trademarks and trade names whether registered or unregistered and subsisting anywhere in the world) in the company services belongs to us or our third party licensors. Accordingly, any part of the company services may not be used, transferred, copied or reproduced in whole or in part in any manner other than for the purposes of utilizing the company services.
PROTECTING YOUR ACCOUNT
Some portions of the T.H.A.O. Tea website permit username and passwords to be used. You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.
LICENSE AND SITE ACCESS
T.H.A.O. Tea grants you a limited license to access and make personal use of the T.H.A.O. Tea website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of the company. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of the company. You are prohibited from using meta tags or any other hidden text utilizing T.H.A.O. Tea’s name or trademarks without the express written consent of the company. Any unauthorized use of this websites voids the limited license granted by the company.
CONTENT SUBMITTED BY USERS
If you do post content to the T.H.A.O. Tea website or otherwise submit material (including, but not limited to, photographs and testimonials), you grant the company and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You agree that this license includes the right for us and other users of the company services to make your content available to others for the publication, distribution, syndication, or broadcast of such content on other media and services, subject to our terms and conditions for such content use. Such additional uses by us or others may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the company services.
You also represent, warrant and agree that you have not and will not contribute any content that (1) infringes, violates or otherwise interferes with any copyright or trademark of another party; (2) reveals any trade secret, unless the trade secret belongs to you or you have the owner’s permission to disclose it; (3) infringes any intellectual property right of another or the privacy or publicity rights of another, (4) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; (5) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (6) contains other people’s private or personally identifiable information without their express authorization and permission, and/or (7) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right to remove any content, suspend, remove or terminate your access to company services at any time, or pursue any other remedy or relief available under equity or law.
LIMITATION OF LIABILITY
The company services are provided by the company on an “as is” and “as available” basis. The company makes no warranties, either expressed or implied, as to the operation of the company services. Under no circumstances shall we be liable to you on account of your use or misuse of or reliance on the services arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise (even if we have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the services, from inability to use the services, or from the interruption, suspension, or termination of the services (including such damages incurred by third parties or as a result of your registering for company services via third parties). This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the services or any information or merchandise that appears on, or is linked or related in any way to, the services. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
Without limiting the foregoing, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, acts of God, or non-performance of third parties.
USE OF INFORMATION
Information provided on our website is for informational purposes only and should not be construed as medical or professional advice. You should not use the information on our website to diagnose or treat any health or medical conditions. You should always conduct the relevant professional, including your health care provider or nutritionist, before consuming any product offered on our website or relying on any health advice provided on our website.
You acknowledge that you will be solely and fully responsible for all liabilities incurred through the use of the company services. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify the company and its employees, officers, agents, or other partners from and against any third party claim arising from or in any way related to your use of the company services, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature including but not limited to any liability arising from or resulting by your data imputed to the company including infringement of intellectual property laws or civil or criminal claims. We shall use good faith efforts to provide you with written notice of such claim, suit or action. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
REDEMPTION OF FREE PRODUCT AND COUPON OFFERS
From time to time, the company may offer its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via the T.H.A.O. Tea website and through email to those who have registered for our email database. They are sometimes posted on our home page (www.thaoteaco.com) or announced via other means of communication in conjunction with the promotion of the T.H.A.O. Tea product collection, including internet forums and various online websites. We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. The company, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product.
We ship anywhere in the United States and other selected countries via United States Postal Service (“USPS”) Priority Mail. For international shipping, you are responsible for additional tax and duties if imposed by customs in your country. Orders will usually ship within 2-3 business days. If you have a special shipping request, email us at email@example.com. Shipping charges are automatically tallied after you enter your address in the shopping cart and can be seen prior to entering your credit card information. Please make sure you use a complete and correct shipping address. If an order is returned to us for “insufficient address” or something similar, you’ll be responsible for extra shipping costs to get it to you.
We appreciate your business, and we want you to be completely satisfied. If you are not satisfied with your purchase, only unused or unopened non-food products can be returned within 14 days of when you receive them; they must be returned in the original packaging with a return authorization number. Due to the sensitive nature of food products, teas are nonrefundable and cannot be exchanged. Please email us at firstname.lastname@example.org for a return authorization number.
Please include a copy of the invoice in the package with the returned product(s). We recommend that you use UPS (United Postal Service) or Insured Parcel Post from USPS (United States Postal Service). Ship via ground method, and insure your package. We are not responsible for damaged or lost shipments.
Refunds will be made in the original form of payment. We do not refund shipping and handling charges.
By visiting our website or otherwise accessing the company services, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the company.
MODIFICATION OF SERVICES
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the company services (or any part thereof) with or without notice. Prices of all company products and services are subject to change. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the company services.
We reserve the right to modify, alter, delete and update these Terms of Service at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a pervious version of these conditions. Continued use of the Services after any such changes shall constitute your consent to such changes.