Communi-Tea Terms and Conditions
Please read these terms and conditions (Terms”, “Terms and Conditions”) carefully before using communi-teaparties.com (the “Site”) operated by Communi-Tea LLC (“us”, ‘we”, “our”).
Conditions of Use
We will provide the Site to you, which are subject to the conditions stated below in this document. Every time you visit this Site, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
General Representation and Warranty.
You represent and warrant that your use of our Site:
- Will be in strict accordance with these Terms;
- Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
- Will not infringe or misappropriate the intellectual property rights of any third party.
Our Site is not directed to children. Access to and use of our Site is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Site. Any person who registers as a user or provides their personal information to our Site represents that they are 13 years of age or older (16 years or older in the European Union).
Privacy Policy
Before you continue using our Site we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Copyright
Content published on this Site (digital downloads, images, texts, graphics, logos) is the property of Communi-Tea LLC and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this Site is the exclusive property of Communi-Tea LLC, with copyright authorship for this compilation by Communi-Tea LLC.
If you think that a user of the Site has infringed on your copyright rights, you should send Communi-Tea a notice of copyright infringement in compliance with § 512 of the Digital Millennium Copyright Act. Once Communi-Tea is in receipt of a valid and complete notice, we will investigate and remove the material, as well as making a good faith attempt to contact the user who uploaded the material. The uploader of the potentially offending content may counter the notice, if they choose to do so.
Any notice of copyright infringement needs to be in compliance with § 512 of the Digital Millennium Copyright Act and must contain the signature (physical or electronic) of the copyright holder or someone that is authorized to act on their behalf; Identification of the copyrighted work or works you believe has been infringed; a link or the URL of the copyrighted work on the Site; Your contact information, including your address, telephone, fax number, or email address; a statement or acknowledgment that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Notifications of copyright infringement should be submitted via email to deb@sierra-marketing.com.
Accepting and Cancelling Orders
We will send you an email confirmation after we receive your purchase order. Your receipt of an order confirmation will only confirm that we have received your order and does not indicate our acceptance of your order or confirm our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household, or order. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event that we make a change or cancel an order, we will attempt to notify you at the email address you have provided us at the time of the order.
Shipments
Every order is subject to acceptance by us. In addition to receiving an email confirming our receipt of your order, we will also send you an email notification when your order has shipped. You will have the option to choose your type of shipping at the time of purchase if there are multiple options available. You will be charged for shipping, depending upon your selection at the time of checkout. We will not be held liable for deliveries that get delayed due to events that are beyond our control.
Refunds, Returns and Exchanges
We offer refunds and exchanges for items that are purchased through this Site. All items must be in new, unused condition and must have been shipped within the last 30 days. If there is a quality issue, please email deb@sierra-marketing.com. No other refunds or exchanges will be provided.
Communications
The entire communication with us is electronic. Every time you send us an email or visit our Site, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe on our Site, you are going to receive regular emails from us. We will continue to communicate with you by posting news by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Applicable Law
By visiting this Site, you agree that the laws of the of the United States and the state of Tennessee will apply, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Communi-Tea LLC and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this Site or to products you purchase from us shall be arbitrated privately in Tennessee before an arbitrator panel with an organization such as the American Arbitration Association and you consent to exclusive jurisdiction and venue of such organizations.
Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant Communi-Tea LLC non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
License and Site Access
We grant you a limited license to access and make personal use of this Site. You are not allowed to download or modify it. This may be done only with written consent from us.
User Account
If you are an owner of an account on this Site, you are solely responsible for maintaining the confidentiality of your private login information (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders. If an order is cancelled, we will refund your purchase price minus any expenses that we’ve already incurred.
Prohibited Uses
You will not use the Site to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the intended purpose of the Site.
Specifically, you agree not to:
- Publish material or engage in activity that is illegal under applicable law.
- Use the Site to overburden Communi-Tea’s systems, as determined by us in our sole discretion.
- Disclose the sensitive personal information of others.
- Send spam or bulk unsolicited messages.
- Interfere with, disrupt, or attack any service or network.
- Distribute material that is or enables malware, spyware, adware, or other malicious code.
Your violation of any term or condition of this section may result in the immediate termination of your registration account and profile and the disabling of your access to the Site.
Third Party Links
You understand that the Site may contain links to third party websites, applications, or services that Communi-Tea does not own or control. You agree that Communi-Tea will not be held responsible or liable for the content of third party websites, applications, or services and that Communi-Tea’s inclusion of those websites, applications, or services within its Site does not constitute Communi-Tea’s endorsement of or recommendation of any of those websites, applications, or services. The Site, though, may contain links to third party websites, applications, or services that are affiliates of Communi-Tea and from which Communi-Tea may receive payment.
Disclaimer of Warranties
Our Site is provided “as is.” Communi-Tea and its suppliers and licensors disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Communi-Tea nor its suppliers and licensors, makes any warranty that our Site will be error free or that access to it will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Site at your own discretion and risk.
Limitation of Liability.
In no event will Communi-Tea, or its suppliers or licensors, be liable with respect to any subject matter of these Terms under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Communi-Tea under these Terms during the twelve (12) month period prior to the cause of action. Communi-Tea shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification.
You agree to indemnify and hold harmless Communi-Tea, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of these Terms, materials (such as computer software, items for sale, or content) that you post, and any ecommerce activities conducted through your or another user’s site.
Entire Agreement
These Terms constitutes the entire agreement between Communi-Tea and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Communi-Tea, or by the posting by Communi-Tea of a revised version.
If any part of these Terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.