Terms and Conditions of Use Statement
PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE PROVISIONS SET FORTH, PLEASE DO NOT USE THIS WEB SITE.
Acceptance of Terms
By using this Web Site, you signify your acceptance of the provisions of Tzu Thé Intl., Inc.'s (“Tzu Thé”) Terms and Conditions of Use, which follow. If you do not agree to the terms of this Agreement, please do not use the Site and exit the Site immediately. Tzu Thé reserves the absolute right to modify the terms of this Agreement. As well as the right to change or discontinue any aspect or feature of this Web Site or products and services offered by Tzu Thé. Your continued use of the Site following the posting of changes to these Terms and Conditions, the Web Site or products and services will mean that you accept the provisions and changes as made.
Privacy
By using this Web Site, you acknowledge having read and hereby agree to all terms and conditions of Tzu Thé’s Privacy Policy, which is hereby incorporated herein as though set forth in full.
Use
The materials on this Web Site are provided for informational purposes only. The materials on this Web Site are Copyright © 2005 Tzu Thé Intl., INC. You are authorized to view, copy, print and distribute these materials subject to the terms and conditions set forth herein. The materials may not be used for any unlawful purpose or in violation of this Agreement.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tzu Thé and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Disclaimer of Warranties
Tzu Thé, its employees, agents, partners or affiliate companies make no representation as to the suitability of the information contained on this Web site for any purpose. No warranty is made that this Web Site and its operation will be error free, uninterrupted, reliable, or accurate.
Reliance on any material presented on this Web Site is at your own risk. Tzu Thé shall not be liable for the content of this Web Site, any information contained there in, any delay, failure, interruption, or corruption of any data transmitted in connection with the use of this site.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. Tzu Thé MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR TZU THE’S PRODUCTS OR SERVICES.
Risk of Loss
All items purchased from Tzu-The.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Limitation of Liability
In no event shall Tzu Thé be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages arising out of or in connection with the use of this Web Site or any other web site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information even if Tzu Thé has been specifically advised of the possibility of such damages whether based on contract, tort, strict liability or otherwise. Tzu Thé shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you, not to exceed U.S. one hundred dollars ($100.00).
Non Confidentiality
Visitors may post reviews, comments, and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a mail or other content. Tzu Thé reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Except as set forth in our Privacy Policy, all suggestions, ideas, notes, data, drawings, concepts or other information of any kind sent to us shall be deemed and shall remain the sole and absolute property of Tzu Thé and such suggestions, ideas, notes, computer programs, data, drawings, concepts or other information shall not be subject to any obligation of confidence and Tzu Thé shall not be liable for any use or disclosure.
Termination
Tzu Thé may modify or discontinue this Site, with or without notice. Termination of use of this Site shall not affect any right or relief to which Tzu Thé is entitled, at law or in equity. Tzu Thé may immediately terminate your use of this Site if Tzu Thé reasonably believes that there has been a violation or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of Tzu Thé or any third party, or for any reason with or without further notice. Tzu Thé will not be liable to you or any third party resulting from such modification or discontinuation. The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Choice of Law,” and “General Provisions” shall survive the termination of this Agreement.
Terms of Sale
All sales of products are expressly conditioned on your acceptance of Tzu Thé’s Standard Terms and Conditions of Sale, a copy of which is available on Tzu Thé’s website or by calling Tzu Thé and which terms and conditions are incorporated herein as though set forth in full.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Tzu Thé or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Tzu Thé and protected by U.S. and international copyright laws. All software used on this site is the property of Tzu Thé or its software suppliers and protected by United States and international copyright laws.
Trademarks
Tzu Thé, TZU-THE.COM, Tzu Thé Green Tea Kit, T-Bar and other marks indicated on our site are registered trademarks of Tzu Thé Intl., Inc. or its subsidiaries, in the United States and other countries. Tzu Thé graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Tzu Thé Intl., Inc. Tzu Thé's trademarks and trade dress may not be used in connection with any product or service that is not Tzu Thé's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tzu Thé. All other trademarks not owned by Tzu Thé or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tzu Thé or its subsidiaries.
Attorney's Fees
If Tzu Thé institutes action to enforce any of the provisions of these Terms and Conditions, Tzu Thé shall be entitled to recover in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.
Choice of Law
These Terms and Conditions shall be governed by the laws of the state of Georgia. To the extent allowed by applicable law, any claims or causes of action arising from or relating from the use of this Site as contemplated by these Terms and Conditions must be instituted within one year from the date upon which such claim or cause arose or accrued. Any such claim or cause of action may only be brought in the state or federal courts located in Fulton County, Georgia.
General Provisions
If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals whether oral, written or electronic with respect to the Site and the subject matter of these Terms and Conditions.
