Steeped Tea Terms and Conditions
Steeped Tea Inc (referred to as “Steeped Tea,” “we,” “us” and “our”) reserves the right to change these Terms, in whole or in part, at our sole discretion, and to provide you with notice of such change by any reasonable means, including without limitation posting the revised draft of these Terms on the Website. You should always check these Terms prior to using the Website. Your continued use of the Website following the posting of changes to these Terms will mean that you accept those changes.
If you are a Steeped Tea Consultant, you agree that your use of the Website is subject not only to these Terms, but also to the terms and conditions contained in your Consultant Agreement with us. A “Steeped Tea Consultant” is an individual:
The “Steeped Tea Independent Consultant Agreement” means Steeped Tea Consultant Agreement Form, collectively with the Terms and Conditions of the Consultant Agreement accompanying the Consultant Agreement, and our Consultant Policies and Procedures.
This privacy explains how we collect, use and under certain conditions, disclose personally identifiable information (“PII”) and the steps we have taken to secure your PII.
By using the website, you agree to let us collect and use information per the guidelines of this policy. IF we decide to change our Policy, we will post changes on this page and note the effective date so that you are always aware of what information we collect and how it will be used. If we change our practices regarding your personally identifiable information (PII), it will continue to be governed by the Policy under which it was collected unless you have been provided notice and have not objected to the change.
This Website is a general audience website and we do not knowingly collect PII from children under 13 years of age. If we learn that we have PII of a child under the age of 13, we will delete that information.
Copyright Infringement and Export Control.
We own and operate the Website. Except as stated in these Terms, none of the material on the Website including each and every web page and related images, videos or other digital assets (collectively, the “Information”) may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sub-license, copy or create derivative works from the Website or the Information. You may not use any network monitoring or discovery software to determine the Website’s architecture, or extract information about its usage or users. You may not use any robot, spider, other automatic device, search engine or manual process to monitor or copy the Website or the Information without our prior written consent. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the Website, except to the extent authorized by us. You may not use or otherwise export or re-export the Website or any portion of it, the Information or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or the Information is prohibited.
“Steeped Tea” and our other trademarks, trade names, service marks and logos appearing on the Website are our proprietary trademarks. The use of any of our trademarks available is strictly prohibited, except as expressly provided by these Terms.
When you register.
You may be required to register with us in order to access certain areas of the Website, for example, to purchase our products or otherwise initiate Transactions (as defined below). With respect to any registration, we may refuse to grant you, and you may not use, a user name or email address that:
You are responsible for maintaining the confidentiality of any password you use to access the Website. You agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all Transactions (including any information transmitted in connection with any Transactions) and other interactions with the Website that occur in connection with your user name. You agree to immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account, your user name or the Website. You also agree that you will “log off” and exit from your account with the Website (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of these obligations.
How to behave.
We expect users of the Website to respect the law as well as the rights and dignity of others. While using the Website, you agree to comply with all applicable laws, rules and regulations. Your use of the Website is conditioned on your compliance with the rules of conduct below. Your failure to comply with these rules of conduct may result in termination of your access to the Website. You agree that you will not post, transmit, redistribute, upload, or promote any communications, content or materials that:
Additionally, you acknowledge and agree that you (and not us) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and for paying all charges related to using the Website.
Chances to win and Similar Promotions.
Any sweepstakes, contest, or similar promotion made available through the Website may be governed by specific rules that are separate from these Terms. By participating in any sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms and conditions contained in these Terms. We urge you to read the applicable rules, if any, which will be linked from the sweepstakes, contest, or promotion.
Purchasing from Us
We reserve the right, with or without prior notice, to:
The price and availability of any product or service offered through the Website are subject to change without notice, and we will not be responsible for errors in the prices or descriptions of any products or services. Refunds and exchanges will be subject to our refund and exchange policies in effect at the time the Transaction is made. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when the charges are incurred, including without limitation all shipping and handling charges. You are also responsible for any taxes that may be applicable to your Transactions.
At Steeped Tea, we want Customers to be fully satisfied with their purchase. If, for any reason, products do not meet your expectations, please contact your Consultant within 30 days of the order. We offer a 100% refund on all non-consumable merchandise and unopened sealed food products. You must return the merchandise to your Steeped Tea consultant within 30 days of shipment date for exchange or refund. The original receipt must be included with the return. If you have any questions about product returns, discrepancies, or back-ordered items please contact your Consultant or Steeped Tea Home Office directly.
We serve U.S. customers only.
We control and operate the Website from our offices located in Buffalo, NY USA. The Website is not intended to subject us to the laws or jurisdiction of any state, country or territory other than those of the United States. Unless otherwise specified, the materials made available through the Website are presented solely for the purpose of providing services and promoting products available in the United States. We make no representation or warranty that the Website, or any products, services, or materials made available through the Website, are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.
Our Consultants and their Personalized Sites.
Steeped Consultants are our independent third party contractors and are not otherwise affiliated with us. We are not responsible or liable for the statements, acts or omissions of Steeped Tea Consultants, whether through or in connection with the Website, “offline,” or otherwise. Without limiting the foregoing, we enable Steeped Tea Consultants to create personalized online sites that contain Steeped Tea branding and content and that may share URLs with our Websites. You acknowledge and agree that we have no control over, and are not responsible or liable for, any text, images, or other information or materials posted by Steeped Tea Consultants to such personalized online sites or any customizations made by Steeped Tea Consultants to such personalized online sites (such information, materials, and customizations) or any materials communicated by a Steeped Tea Consultant to you. We have not taken any steps to confirm the accuracy or reliability of any such information or other materials communicated by a Steeped Tea Consultant to you, and we make no representations or warranties as to the security of any communications between you and any Steeped Tea Consultant.
THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ANY REPRESENTATIONS OR WARRANTIES REGARDING THE WEBSITE, THE MATERIALS, THE CONTENT AND THE RELATED SERVICES AND PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE WEBSITE. ANY RELIANCE ON OR USE OF THESE MATERIALS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATION OR WARRANTY:
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
While we try to maintain the integrity and security of the Website and the servers from which the Website is operated, the Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Website. If you become aware of any unauthorized third party alteration to the Website, contact us at firstname.lastname@example.org with a description of the materials at issue and the URL or location on the applicable Website where these materials appear.
10. Limitation of Liability.
IN NO EVENT SHALL STEEPED TEA INC, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, MEMBERS, MANAGERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES, COLLECTIVELY, THE “STEEPED TEA ENTITIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF:
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY STEEPED TEA CONSULTANT), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN AGREEMENT, TORT OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS, THE WEBSITE, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING OR ACCESSING THE WEBSITE.
You will indemnify and hold the Steeped Tea Inc Entities harmless from and against any and all claims, actions, demands, causes of action and other proceedings arising from or related to any of the following (the “Claims”):
You agree to reimburse the Steeped Tea Entities on demand for any damages, losses, costs, judgments, fees, fines and other expenses they incur (including attorneys’ fees and court costs) as a result of any Claims.
12. Termination and Enforcement.
These Terms are effective until we terminate them. You agree that we, at our sole discretion, may terminate your access to or use of the Website, at any time and for any reason. Upon any such termination, your right to use the Website will immediately cease. You agree that any termination of your access to or use of the Website may be effected without prior notice, and that we may immediately deactivate or delete any user name and/or password you used or provided, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Website or to any such information or files, and will not be required to make such information or files available to you after any such termination. We reserve the right to takes steps that we believe are necessary or appropriate to enforce and/or verify compliance with these Terms (including without limitation in connection with any legal process relating to your use of the Website and/or a third party claim that your use of the Website is unlawful or violates such third party’s rights).
13. Information or Complaints.
Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. Such requests must be submitted to us in writing at email@example.com. Currently there are no charges to consumers for use of the Website, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. We reserve the right to change our pricing. Please feel free to contact us to resolve a complaint regarding any aspect of our service by writing to the address here or sending an email to firstname.lastname@example.org. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
14. Governing Law.
These Terms are governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to these Terms or your use of the Website, including related services or products.
15. General Information.
These Terms constitute the entire agreement between you and us and governs your use of the Website, superseding any prior agreements between you and us regarding the Website. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
No agency, partnership, joint venture, or employment is created as a result of these Terms. You do not have any authority of any kind to bind us in any respect whatsoever. The failure of either party to exercise in any respect any right provided for in these Terms will not be deemed a waiver of any other rights under these Terms. We will not be liable for any failure to perform our obligations under these Terms if the failure results from any cause beyond our reasonable control, including without limitation, mechanical, electronic, or communications failure or degradation. You may not assign, transfer, or sub-license these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.