Before using this Site, please carefully read the Terms. By using this Site, you agree to these Terms. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.
INDIVIDUALS MUST BE 18 YEARS OF AGE OR OLDER TO USE THIS SITE. This website is not intended for use by anyone under 18 years of age or by any users that EWTC has suspended, blocked or removed from using this site. By using this website, you represent that you are at least 18 years old and that you have not been previously suspended, blocked or removed from using this website by EWTC, and that you have read, understand and agree to comply with the Terms of this Agreement.
1. Use of Website
This website is provided for your personal use only. You may not use this website for any commercial purpose. As a condition of using this website, you further represent and warrant that: (1) you have the legal capacity and agree to comply with this Agreement; (2) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (3) you will not use the Site for any illegal or unauthorized purpose; and (4) your use of the Site will not violate any applicable law or regulation.
You agree that you will NOT use this website in any way that causes or may cause damage to the website or impairment of the availability or accessibility of the website to others, and that you will not engage in any unlawful, illegal, fraudulent or harmful conduct in using this website, including without limitation, the posting of abusive, threatening, libelous, defamatory, obscene, hateful, vulgar, racially or ethnically objectionable or otherwise offensive content, or any content that is harmful to children, invasive of another’s privacy or violative of third party privacy rights. Further, you agree that you will not engage in any data collection activities, including without limitation, scraping, data mining, data extraction and data harvesting, or use this website in any way to attempt to collect personally identifiable information about users of this Site or interfere with any third party’s use and enjoyment of the Site. You shall not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
Further, you agree not to:
(a) Reverse engineer, decompile, modify, or create derivative works from any software or materials accessible by, or on the Site;
(b) Use or access the Site in a manner that could damage, disable, overburden, or impair any EWTC server or the networks connected to any EWTC server;
(c) Attempt to gain unauthorized access to the Site, User accounts, computer systems, or networks connected to any EWTC server through hacking, password mining, or any other means;
(d) Access the Site in order to build a competitive product or service, or copy any features, functions or graphics of the Sites.
EWTC reserves the right to limit or restrict your use of this website at any time and without prior notice to you.
2. Ownership of Website Content & License
This website is owned and operated by EWTC and EWTC reserves all intellectual property rights thereto. All information, text, graphics, designs, photos, software and other materials appearing on this site (the “Content”) are owned by EWTC, its affiliates, or third party licensors. The Content is protected by copyright, trademark, trade dress and other laws in the United States and other countries. All trademarks, logos, and service marks appearing on this website are owned or licensed by EWTC, its affiliates or third parties, whether or not registered, and may not be used in any manner by any user of this site, without the express written consent of EWTC.
Except as provided hereunder, your use of this website does not grant you any license or right in or to any Content on this site. Pursuant to your use of this website in accordance with the Terms, EWTC hereby grants you a non-exclusive, nontransferable license to use the Content on this website solely for your personal, non-commercial use and information. EWTC reserves all rights not expressly granted hereunder.
Subject to the restrictions set out below and in these Terms, in using this website, you may:
As a condition for using this website, you agree that you will not:
To request EWTC’s written consent for use of Content from this website in accordance with the Terms, send an email to: firstname.lastname@example.org.
3. No Medical Advice
The information provided on this website is intended for informational and educational purposes only and is not intended as medical advice. By using this site, you acknowledge that Content on this site is for informational purposes only and that EWTC is not providing any medical advice. Always seek the advice of your physician or qualified health care practitioner with any questions you may have regarding your health. Never disregard or delay seeking medical or healthcare advice because of something you have read on this website.
The information provided on this site is not intended to be a substitute for any information contained on the label or in the labeling of Choice Organics™ teas.
5. No Warranties & Disclaimers
This website and its Content is provided “as is” without any warranties or representations of any kind. EWTC makes no representations or warranties in relation to this website or the information provided on this website. While EWTC is committed to keeping the website up-to-date, EWTC does not guarantee the accuracy or completeness of any information or Content included on this website, or that the Content will be error free or that the Site or server that makes the Site available will be free of viruses and other harmful components. Your use of this website is at your sole risk. EWTC disclaims any and all express, statutory and implied warranties relating to this website, Content and any products that may be sold on this site, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights. Some jurisdictions do not allow for exclusion of implied warranties; therefore, such exclusion may not apply to you.
6. Limitation of Liability and Damages
EWTC and its employees, officers, directors, members, partners, affiliates and agents, successors and assigns and any third party involved in creating, producing or developing this website, or providing us with any products or services in connection with your use of this Site (collectively “EWTC Parties”) shall not be liable for ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION: DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA AND GOODWILL), EVEN IF THE EWTC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY INCLUDES WITHOUT LIMITATION (1) YOUR INABILITY TO USE THIS SITE; (2) THE ACCURACY OR INACCURACY OF INFORMATION ON THIS SITE; (3) THE RESULTS YOU OBTAIN FROM USING THIS SITE OR YOUR EXPECTATIONS ABOUT RESULTS THAT MIGHT BE OBTAINED FROM PRODUCTS PURCHASED ON THIS SITE; (4) ANY UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF YOUR PERSONAL INFORMATION; (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; and (6) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF THIS SITE OR DOWNLOAD OF ANY MATERIAL FROM THIS SITE.
The LIMITATION OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EWTC PARTIES. EWTC PARTIES WOULD NOT MAKE THIS SITE AVAILABLE TO USERS WITHOUT SUCH LIMITATION OF LIABILITY.
SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold EWTC Parties harmless from and against any claims, causes of action, suits, liability, damages and costs (including without limitation, legal fees and costs) (“claim”) arising out of your use or misuse of this website, any violation by you of these Terms, or arising out of any claim that you have breached any provision of these Terms. EWTC Parties reserve the right to assume full and exclusive defense of any claim for which you are required to indemnify EWTC Parties, at your expense.
8. OUR RIGHTS TO INJUNCTIVE RELIEF
You acknowledge and agree that any violation of the Agreement relating to the disclosure, use, copying, distribution, display or publishing of the Content made available through the Site by us or by third party licensors, including any software licensed hereunder, may result in irreparable injury and damage to EWTC or its licensors that may not be adequately compensable in money damages, and for which EWTC will have no adequate remedy at law. You, therefore, consent and agree that EWTC may obtain injunctions, orders, or decrees as may be reasonably necessary to ensure compliance with this Agreement. You hereby waive any requirement of the posting of a bond that may apply for issuance of any injunctions, orders, or decrees.
9. Breach of Terms
EWTC reserves the right to take such action as it deems appropriate if you breach any provision of these Terms or the representations, warranties and covenants made by you in connection with your use of this website, including without limitation, suspending your access to the website, blocking computers using your IP address from accessing the website, and if necessary, contacting your internet service provider to request that they block your access to the website, and filing a lawsuit against you.
10. Third Party Links
EWTC does not permit any linking to our Site without our prior written permission.
EWTC’s failure to exercise or enforce any right or provision of the Terms, shall not constitute a waiver or relinquishment of any of its rights hereunder. If a court of competent jurisdiction finds any provision of these Terms to be unenforceable, invalid, unlawful, or void, then such provision shall be deemed severed from the Terms and will not affect the validity and enforceability of the remaining provisions. The section titles used in these Terms are for convenience only and have no contractual or legal effect.
12. Modification to the Terms
EWTC reserves the right at its sole discretion to add, delete, change or modify any part of the Terms at any time without prior notification. EWTC shall post any revisions to the Terms on the Site, and the revision shall be effective immediately upon such posting. It is your responsibility to periodically check the Terms for any updates. Please review these Terms periodically to ensure you are familiar with the current Terms. By using this Site, you agree to be bound by the most recently posted Terms and that you are a party to this Agreement, as modified.
13. Term and Termination
This Agreement commences on the date you accept it by using this Site and continues until terminated in accordance with this paragraph. You may terminate your use of the Site without cause at any time. We may terminate access to and use of the Site: (i) at any time with or without cause, upon notice to you or (ii) upon termination of your relationship with EWTC for any reason. The sections of this Agreement relating to the following shall survive any termination or expiration of this Agreement: Ownership of Content and Licensing of Content, Third Party Content and Linked Sites, Disclaimers and Limitations on Liability, Indemnification, Governing Law, Dispute Resolution and Miscellaneous. We shall have no obligation to maintain or provide you a copy of any of your data collected through the Site following termination or expiration of this Agreement, unless as otherwise specified in this Agreement, or unless legally required to be retained or provided to you. UPON TERMINATION OF YOUR ACCESS TO OR USE OF THE SITE, ANY INFORMATION STORED ON THE SITE, MAY NOT BE ACCESSIBLE THROUGH THE SITE
14. Entire Agreement
Except as expressly provided in a separate license, service or other written agreement between you and EWTC, these Terms constitute the entire agreement between you and EWTC in relation to your use of this website and supersede all previous agreements with respect to your use of this website.
15. Governing Law
The substantive laws of the State of Oregon, without giving effect to its choice of law provisions, shall govern the use of this website and any dispute arising out of your use of the website, information posted on the site, or products that may be purchased on this Site. Any disputes arising under this Agreement must be brought in the federal or state courts located in Multnomah County, State of Oregon, subject to the Dispute Resolution provision below requiring among other things, binding arbitration for resolution of any claim (other than a claim capable of filing in small claims court), that you may have against us. By using this Site, you agree to waive any claim of forum non conveniens or lack of personal jurisdiction in this regard.
16. Dispute Resolution
IN CONNECTION WITH YOUR USE OF THIS SITE, YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS ARISING THEREFROM IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO ANY CLAIM, except that you may assert claims in small claims court if your claims qualify. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND EWTC, its employees, officers, directors, members, partners, affiliates and agents, successors and assigns and any third party involved in creating, producing or developing this website, or providing us with any products or services in connection with your use of this Site (collectively “EWTC Parties”) arising from or relating in any way to your use of this Site, this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this Agreement (including relationships with third parties who are not signatories to this Agreement), EWTC’s advertising or purchase of products or access to services that may be available on this Site SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION OR APPROPRIATE SMALL CLAIMS COURT. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision including any unconscionability challenge or any other challenge that the arbitration provision or Agreement is void, voidable or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. The arbitration will be conducted by phone or through document submission. The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction located in the state of Oregon.
Notwithstanding the foregoing, you and EWTC agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
17. Digital Millennium Copyright Act
EWTC provides this Site as an interactive service provider and is not liable for any and all claims resulting from the use of material or information on this site. Pursuant to the Digital Millennium Copyright Act (DMCA), if a user feels unauthorized material or information has been posted on this Site, please notify us by mail at EWTC, 121 SW Morrison Street, Suite 925, Portland, OR 97204 or by email at email@example.com with the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) a detailed description of the alleged infringement; (ii) the copyright owner’s name or who otherwise retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
18. Contacting Us
VIA MAIL: East West Tea Company, LLC, 121 SW Morrison Street, Suite 925, Portland, OR 97204
VIA EMAIL: firstname.lastname@example.org
©2020 East West Tea Company, LLC. All Rights Reserved.