TERMS AND CONDITIONS OF USE (Effective January 1, 2021) (“Terms”)
Welcome to our website. Grateful Tea (“We”, “Us” or “GT”) offers this website (“Site”) to allow you to shop for tea and other products online (“Products”) and to learn more about how our teas are produced. These Terms are to inform you of your rights and obligations when using the Site and/or when purchasing Products. Please review these Terms carefully. If you do not agree to these Terms, you should not use the Site. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. We reserve the right to modify or update these Terms at any time. Please be sure you have read and agree to our current terms and conditions. This Site is intended only for the use of persons age eighteen (18) or older.
PLEASE BE AWARE THAT THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING AND JURY TRIAL.
3. Termination of Account. We reserve the right to restrict access to, suspend, disable, terminate, and/or delete your account for any reason that we deem necessary, or for no reason. In the event your account is suspended, disabled, terminated, or deleted, your only option is to request reinstatement of your account by contacting Us. You may not open alternate accounts.
4. Marketing and Communications. Users age eighteen (18) and older may also sign up to receive promotional emails from Us and exclusive offers on our Products. All offers are Void Where Prohibited. These types of electronic communications, as well as other communications regarding your account, will be sent to the email address that was provided during registration and/or the email address associated with your account. When you ask to be placed on our email list, you hereby confirm that you are over the age of eighteen (18) and that you wish to receive promotional emails from Us. If you are receiving promotional email from us and would like to be taken off our list, simply click the link at the bottom of any email to unsubscribe. The contents of any communication are effective when sent, regardless of when you receive or whether you read the communication.
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for any content uploaded or submitted by users of the Site. We do not pre-screen, monitor, or edit the content posted by users. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Copyrights” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes the intellectual property or proprietary right of any party.
7. Trademarks and Copyright. This Site features trademarks, service marks, logos, text, software, files, graphics, photos, images, design, music, video and data (“Materials”) that are the property of GT, its licensors and other third parties. All Materials are the property of their respective owners and you agree not to use them in any manner without the prior permission of the applicable owner. This Site and all Materials are protected under copyright, trademark and other laws of the United States and other countries. You expressly agree that you are prohibited from reproducing, copying, modifying, displaying, adapting, publishing, translating, performing publicly, reverse engineering, transferring, transmitting, broadcasting, distributing, licensing, selling, creating derivative works of, or gifting, in whole or in part, the Materials. You are granted a limited, revocable license to use our Site for personal, non-commercial use. You may not use our Site to collect data or account or other information.
8. Orders and Payment. The prices displayed for Products are exclusive of taxes and shipping charges and are quoted and payable in US dollars. Your purchases may also be subject to sales tax, VAT, or other taxes or duties at the point of sale where applicable. We may make changes to price and availability without notice. Orders submitted cannot be cancelled once the tracking information has been generated. To cancel an order placed before tracking information is generated, please contact us as soon as possible. If a Product offered by us is not as described, your sole remedy is to return it unopen for a refund. In the event of an error, whether on the Site, in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund. We reserve the right to refuse to accept and process any and all orders and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, in the event of advertising errors and/or the actual or suspected misuse, fraud or abuse associated with said promotional offers or customer orders.
9. California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
10. Product Resale or Other Exploitation Prohibited. You agree not to sell, resell, distribute, or make available to others, or otherwise use or exploit for any commercial purposes any Products purchased from this Site without our prior written permission.
11. Indemnification. You agree to indemnify, defend, and hold harmless GT and its licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, liabilities, damages, losses, obligations, costs or debt, expenses (including reasonable attorney’s fees), regulatory penalties and enforcement actions arising out of or in connection with: (i) your use of this Site; (ii) your violation of these Terms; (iii) your violation of any third-party right; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your account; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code. This obligation does not apply to the extent caused by GT or its personnel’s negligence.
12. Disclaimer. The Site and all content are provided for informational purposes only. Your use of the Site is at your sole risk. Although we make all reasonable efforts to ensure that the content is updated and corrected, we do not guarantee its accuracy. The content may contain inaccuracies and typographical errors. If you download any content from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or data that results from the download of any content.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER GT, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS, SPONSORS, LICENSORS, OR THE LIKE, WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OR PRODUCTS PROVIDED THROUGH THE SITE; EXCEPT THAT GT DOES WARRANT THAT OUR PRODUCTS WILL BE WHOLESOME AND FREE OF SUBSTANTIAL DEFECTS. IF THEY ARE NOT, OUR SOLE LIABILITY WILL BE TO EITHER REFUND THE ACTUAL PURCHASE PRICE PAID BY YOU FOR SUCH PRODUCT, OR TO REPLACE AND DELIVER AN EQUIVALENT PRODUCT AS SOON AS REASONABLY PRACTICABLE.
EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH TO THE CONTRARY HEREIN, THE SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIMS WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE PRODUCTS, OR THIS SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Governing Law, Waiver of Jury Trial & Arbitration; CLASS ACTION WAIVER
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Us. You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, your use of the Site or any Products or otherwise arising out of these Terms, (collectively referred to as "Claims"), shall be governed by the internal substantive laws of the Commonwealth of Virginia without regard to its conflict of laws principals and the U.N. Convention on Contracts for the International Sale of Goods is inapplicable. All Claims shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") or by a state small claims court of competent jurisdiction over the Claim and the parties. Any Claim you may have must be commenced within one (1) year after such Claim arises.
You agree that: (i) the arbitration shall be conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by the AAA; (ii) the arbitration shall be conducted on submission, telephonically or at a location determined by the AAA pursuant to the Rules and Procedures of the AAA; (iii) the arbitrator shall have the authority to award actual direct damages only with no authority to issue any fines and penalties nor award punitive damages or equitable relief; (iv) except as set forth below in subpart (vi), there shall be no right to litigate your claim in court and no right to a jury trial, (v) your claim shall be arbitrated on an individual basis, and you shall not have the right to participate in a representative capacity, or as a member of any class of claimants pertaining to any claim subject to arbitration, and the arbitrator shall have no authority to consolidate or join the claims of other persons or parties who may be similarly situated and may only resolve claims, and render awards between you and GT alone; and (vi) you may elect to bring your claim in a state small claims court of competent jurisdiction over the claim and the parties. With the exception of subpart (v) above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures of the AAA, then same shall be stricken and the balance of this arbitration provision shall remain in effect and construed accordingly. For more information on the AAA and its Rules and Procedures, you may visit the AAA website at www.adr.org.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:
By Mail: Grateful Tea. 820 N. Montgomery St, Ojai, CA 93023 United States of America
Attn: Laina Cohn
By email at: firstname.lastname@example.org
By Phone: 888-630-9751
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. Please be aware that if you knowingly materially misrepresent that material or activity on this Site is infringing on your copyright, you may be held liable for damages, including costs and attorneys’ fees, under the Digital Millennium Copyright Act.