{"id":3618,"date":"2024-12-05T19:01:05","date_gmt":"2024-12-05T19:01:05","guid":{"rendered":"https:\/\/botanicaltea.pl\/terms-conditions\/"},"modified":"2025-01-04T14:14:15","modified_gmt":"2025-01-04T14:14:15","slug":"regulamin","status":"publish","type":"page","link":"https:\/\/botanicaltea.pl\/pl\/regulamin\/","title":{"rendered":"Regulamin"},"content":{"rendered":"\t\t
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BOTANICAL TERMS OF USE\n<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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Last Updated: November 15, 2024<\/strong><\/p>

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. DETAILS ARE SET FORTH BELOW.<\/h6>
PLEASE READ THE\u00a0TERMS\u00a0CAREFULLY BEFORE YOU START TO USE THE\u00a0SITE.\u00a0BY USING THE\u00a0SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE\u00a0TERMS.\u00a0IF YOU DO NOT WANT TO AGREE TO THESE\u00a0TERMS, YOU MUST NOT ACCESS OR USE THE\u00a0SITE.<\/h6>

BotanicalTea Inc. (\u201cBotanicalTea\u201d, \u201cwe\u201d, \u201cus\u201d and \u201cour\u201d) provides this website (\u201cSite\u201d) under the following terms of use (\u201cTerms\u201d) to allow you to shop for tea and other products online, to locate BotanicalTea products, licensed resale locations, and to help you learn more about BotanicalTea and how our teas are grown, purchased, and blended.<\/p>

We reserve the right to modify or update these Terms at any time so please be sure you have read and agree to our current Terms. Your continued use of the\u00a0Site\u00a0following the posting of revised\u00a0Terms means that you accept and agree to the changes. You are expected to check this page each time you access this\u00a0Site so you are aware of any changes, as they are binding on you.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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SITE USE RESTRICTIONS.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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You may use the\u00a0Site\u00a0only for lawful purposes and in accordance with these\u00a0Terms. You agree not to use the\u00a0Site:<\/p>

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).<\/li>
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.<\/li>
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these\u00a0Terms.<\/li>
  • To transmit, or procure the sending of, any advertising or promotional material, including any „junk mail,” „chain letter,” „spam,” or any other similar solicitation.<\/li>
  • To impersonate or attempt to impersonate BotanicalTea, a BotanicalTea employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).<\/li>
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the\u00a0Site, or which, as determined by us, may harm BotanicalTea or users of the\u00a0Site, or expose them to liability.<\/li><\/ul>
    Additionally, you agree not to:<\/h6>
    • Use the\u00a0Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the\u00a0Site, including their ability to engage in real time activities through the\u00a0Site.<\/li>
    • Use any robot, spider, or other automatic device, process, or means to access the\u00a0Site for any purpose, including monitoring or copying any of the material on the\u00a0Site.<\/li>
    • Use any manual process to monitor or copy any of the material on the\u00a0Site, or for any other purpose not expressly authorized in these\u00a0Terms, without our prior written consent.<\/li>
    • Use any device, software, or routine that interferes with the proper working of the\u00a0Site.<\/li>
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.<\/li>
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the\u00a0Site, the server on which the\u00a0Site is stored, or any server, computer, or database connected to the\u00a0Site.<\/li>
    • Attack the\u00a0Site via a denial-of-service attack or a distributed denial-of-service attack.<\/li>
    • Otherwise attempt to interfere with the proper working of the\u00a0Site.<\/li><\/ul>

      BotanicalTea reserves the right, in its sole discretion, to terminate your participation in the Site, remove content, or assert legal action with respect to content or use of the Site, that BotanicalTea reasonably believes is or might be in violation of these Terms. BotanicalTea\u2019s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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      INTELLECTUAL PROPERTY.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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      This Site\u00a0and its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by BotanicalTea, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.<\/p>

      These\u00a0Terms permit you to use the\u00a0Site\u00a0for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our\u00a0Site, except to the extent your device temporarily stores copies of such materials in RAM incidental to your accessing and viewing those materials or as automatically cached by your Web browser for display enhancement purposes.<\/p>

      You must not:<\/h6>
      • Access or use for any commercial purposes any part of the\u00a0Site\u00a0or any services or materials available through the\u00a0Site.<\/li>
      • Modify copies of any materials from this Site.<\/li>
      • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.<\/li>
      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.<\/li><\/ul>

        If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the\u00a0Site\u00a0in breach of the\u00a0Terms, your right to use the\u00a0Terms will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the\u00a0Site or any content on the\u00a0Site\u00a0is transferred to you, and all rights not expressly granted are reserved by BotanicalTea. Any use of the\u00a0Site not expressly permitted by these\u00a0Terms is a breach of these\u00a0Terms\u00a0and may violate copyright, trademark, and other laws.<\/p>

        Botanical Tea Trademarks.<\/h6>

        The BotanicalTea name, BotanicalTea logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BotanicalTea or its affiliates or licensors. You must not use such marks without the prior written permission of BotanicalTea. All other names, logos, product and service names, designs, and slogans on this\u00a0Site\u00a0are the trademarks of their respective owners.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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        YOUR ACCOUNT SECURITY.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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        Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify BotanicalTea immediately of any unauthorized use of your account or password, or any other breach of security and understand you remain responsible, and may be held liable, for any activity on your account resulting from your failure to keep your account information secure and confidential.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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        ACCURACY OF SITE INFORMATION.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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        We attempt to be as accurate as possible. However, unintentional pricing or typographical errors may occur and we do not warrant the accuracy, completeness, or usefulness of this information. BotanicalTea makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. All weights and size dimensions are approximate.<\/p>

        BotanicalTea reserves the right to correct any errors and change or update information\u00ad (including, without limitation, information related to availability, pricing, and descriptions) at any time without notice (including after you submitted your order and confirmation was received). In the event that an item is listed with incorrect pricing or other information, BotanicalTea reserves the right, in its sole discretion and to the fullest extent permissible by applicable law, to refuse or cancel any purchased orders placed for that item. If your credit card has been charged for any order subsequently cancelled, BotanicalTea will issue a credit to your credit card as your sole and exclusive remedy if permissible under applicable law.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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        UPDATES TO SITE.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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        BotanicalTea reserves the right to modify or discontinue the Site (or any portion thereof), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Site.\u00a0 BotanicalTea shall not be liable to you or any third party in the event that we exercise our right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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        PURCHASES MADE THROUGH THE SITE.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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        In order to place orders with us, you must be 18 years old or over to place an order.<\/p>

        You agree that your order is an offer to buy, under these\u00a0Terms, all products and services listed in your order. All orders must be accepted by BotanicalTea or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of\u00a0sale\u00a0between BotanicalTea and you will not take place unless and until you have received your order confirmation email.<\/p>

        Payment<\/h3>

        Prices and availability posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. You agree that you are responsible for all charges incurred in connection with any purchase on our Site, including, without limitation, all taxes, shipping, handling and processing charges or other fees. Posted prices do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.<\/p>

        Terms\u00a0of payment are within our sole discretion and payment must be received by us before our acceptance of an order. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.<\/p>

        Promotions<\/h3>

        Promotions will generally have restrictions or requirements as noted on our FAQ page.\u00a0 All promotions are while supplies last.\u00a0 No substitutions or rain checks.\u00a0 Gift Certificates, applicable taxes, and items that are currently out of stock are generally not eligible unless specifically noted.\u00a0 Any \u201cBuy x Get y\u201d promotions will have the discount applied to the lowest priced item.\u00a0 Refunds from items purchased at discount will be made at the discounted amount or prorated if discount applied to entire order or multiple items.\u00a0 Offers may not be combinable with other discount codes or offers, including loyalty rewards points, at our discretion.\u00a0 Except where prohibited by law, BotanicalTea reserves the right to modify, suspend or terminate any promotions, discounts, or coupon codes at any time and for any reason.\u00a0<\/p>

        Shipping & Returns<\/h3>

        All purchases through our site or other transactions for the sale of goods through the\u00a0Site are governed by our\u00a0Shipping & Returns Policy, which are hereby incorporated into these\u00a0Terms. \u00a0We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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        EQUAL EMPLOYMENT COMMITMENT.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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        The \u201cCareer\u201d section of our Site allows you to apply for employment with BotanicalTea. BotanicalTea supports diversity and does not discriminate on the ground of race, color, religion, sex, age, disability or national origin in the hiring, retention, compensation, or promotion of employees. BotanicalTea encourages all qualified applicants to apply.<\/p>

        The Site may provide links to other web sites or resources. BotanicalTea is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. BotanicalTea shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. BotanicalTea provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply BotanicalTea endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and BotanicalTea does not accept any responsibility therefore.\u00a0 You should carefully review the applicable terms and privacy policy of any such website before use.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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        YOUR FEEDBACK & REVIEWS.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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        We welcome your comments regarding BotanicalTea and the Site as well as your product reviews (collectively, \u201cUser Content\u201d). If you choose to send us your feedback, ideas and materials, we will maintain these submissions in our sole discretion and consider such to be irrevocably transferred to BotanicalTea. You understand and agree that by providing these submissions to us that you are irrevocably assigning any rights you may have in such to BotanicalTea and that BotanicalTea shall have the right, but not the obligation, to use these submissions perpetually, free of charge, and throughout the world without restriction.<\/p>

        By posting or submitting your User Content to our Site, you represent that such: (i) is not harmful, threatening, abusive, harassing, tortious, deceptive, defamatory, vulgar, obscene, pornographic, libelous, invasive of another\u2019s privacy, hateful or otherwise objectionable; (ii) does not violate any law, regulation or right of any third party, including without limitation, copyright, trademark, patent, privacy or publicity rights, confidentiality obligations, or any other proprietary rights; and (iii) does not contain malware, commercial solicitations, political campaigning, mass mailings or \u201cspam\u201d of any kind.<\/p>

        You acknowledge and agree that BotanicalTea has the right (but not the obligation) to monitor, remove or refuse to post any User Content. Please be advised that BotanicalTea does not endorse or take responsibility for the opinions, advice, information or statements made through User Content. To the fullest extent permissible by applicable law, BotanicalTea shall not be liable, directly or indirectly, to anyone for any damage or losses of any nature arising from or out of User Content. You alone, and not BotanicalTea, shall bear sole liability for any such damages or losses arising from User Content submitted by you.<\/p>

        You alone are responsible for ensuring you have the rights to post the User Content to the Site, including, but not limited to, any copyright rights to images or other content, and the right to publish the images of people, landscapes and\/or other creative works within the User Content. When you post or submit User Content, you grant to BotanicalTea a non-exclusive, fully paid-up, perpetual, worldwide, irrevocable, royalty-free, transferable and sub-licensable right and license to use, display, disclose, perform, reproduce, transmit, copy, modify, delete, adapt, publish, translate, creative derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, product, marketing, medium or technology, now known or hereafter developed, throughout the world, all without compensation to you. To the extent you submit your name, username, nickname or other personal identifier along with your User Content, you grant to BotanicalTea the right (but not the obligation) to use such identifier, or portion thereof, with such User Content. To the fullest extent permissible by applicable law, you agree to indemnify and hold BotanicalTea harmless from all claims arising out of your breach of the Terms or in connection with your User Content.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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        Copyright Infringement<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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        If you are a copyright owner or an agent thereof and believe that any User Content in any area of our Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (\u201cDMCA\u201d) by providing BotanicalTea at\u00a0info@teaforte.com\u00a0with the following information in writing (see 17 U.S.C. \u00a7 512(c)(3) for further detail):<\/p>

        • a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;<\/li>
        • identification of the copyrighted work(s) claimed to have been infringed on our Site;<\/li>
        • identification of the material, and its location on our Site, that is claimed to be infringing;<\/li>
        • your contact information, such as an address, telephone number and an electronic mail address;<\/li>
        • a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;\u00a0<\/li>
        • a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.<\/li><\/ul>

          You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          HOW WE MAY USE YOUR PERSONAL INFORMATION.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          We use your personal information as set out in our\u00a0Privacy Policy.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          VOID WHERE PROHIBITED.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          The Site is controlled and offered by BotanicalTea from its facilities in the United States. We make no representations that any of the Site is appropriate or available for use in other jurisdictions. Access to the\u00a0Site\u00a0may not be legal by certain persons or in certain countries. If you access the\u00a0Site\u00a0from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          DISCLAIMER OF WARRANTIES.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          You understand that we cannot and do not guarantee or warrant that the\u00a0Site\u00a0will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE\u00a0SITE\u00a0OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE\u00a0SITE\u00a0OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY\u00a0SITE\u00a0LINKED TO IT.<\/p>

          YOUR USE OF THE\u00a0SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE\u00a0SITE\u00a0IS AT YOUR OWN RISK. THE\u00a0SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE\u00a0SITE\u00a0ARE PROVIDED ON AN „AS IS” AND „AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BotanicalTea NOR ANY PERSON ASSOCIATED WITH BotanicalTea MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE\u00a0SITE. WITHOUT LIMITING THE FOREGOING, NEITHER BotanicalTea NOR ANYONE ASSOCIATED WITH BotanicalTea REPRESENTS OR WARRANTS THAT THE\u00a0SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE\u00a0SITE\u00a0WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE\u00a0SITE\u00a0OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE\u00a0SITE\u00a0WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.<\/p>

          TO THE FULLEST EXTENT PROVIDED BY LAW, BotanicalTea HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.<\/p>

          THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          LIMITATION OF LIABILITY.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BotanicalTea, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE\u00a0SITE, ANY\u00a0WEBSITES\u00a0LINKED TO IT, ANY CONTENT ON THE\u00a0SITE\u00a0OR SUCH OTHER\u00a0WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE\u00a0TERMS\u00a0OR THE\u00a0SITE\u00a0MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          GOVERNING LAW.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          You agree that all matters relating to these Terms or your access to or use of the Site, including all disputes, will be governed in accordance with the laws of the United States and by the laws of the Commonwealth of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Suffolk County, Massachusetts, and waive any objection to such jurisdiction or venue.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          DISPUTE RESOLUTION- MANDATORY AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          PLEASE READ THIS SECTION CAREFULLY \u2013 IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT LITIGATE CLAIMS IN A COURT. IT CONTAINS PROCEDURES FOR FINAL BINDING ARBITRATION AND A WAIVER OF ANY AND ALL RIGHTS TO PROCEED IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION (\u201cClass Action\u201d).<\/p>

          In the event of any controversy or dispute between you and BotanicalTea out of or in connection with these Terms or your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute.<\/p>

          IF WE ARE UNABLE TO RESOLVE ANY SUCH DISPUTE WITHIN A REASONABLE TIME (NOT TO EXCEED THIRTY (30) DAYS), THEN 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 BotanicalTea ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OR YOUR USE OF THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.<\/p>

          The arbitration will be administered by the American Arbitration Association (\u201cAAA\u201d) in accordance with the Consumer Arbitration Rules (the \u201cAAA Rules\u201d) then in effect, except as modified by these Terms. The AAA Rules are available at\u00a0www.adr.org\u00a0or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. BotanicalTea will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous.<\/p>

          The arbitrator will 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 the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          Waiver of Class Actions<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          You agree to arbitration on an individual basis. In any dispute,\u00a0NEITHER YOU NOR BotanicalTea WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If this waiver of Class Actions or consolidated arbitrations is deemed invalid or unenforceable, neither you nor BotanicalTea is entitled to arbitration and all claims and disputes will instead be resolved in a court as set forth in section 14 of these Terms (Governing Law).<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          Opt-out<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to the address at the end of these Terms, postmarked within sixty (60) days of first accepting these Terms. You must include your name and residential address, email address and\/or phone number associated with your account, and a clear statement that you want to opt-out of the arbitration agreement in BotanicalTea\u2019s Terms.<\/p>

          You agree to indemnify, defend and hold harmless BotanicalTea and our affiliates, directors, officers, employees and agents, from any claim, demand, liability, expense or loss, including reasonable attorneys\u2019 fees and costs, due to or arising out of, or in any way connected with your use of or access to the Site or your violation of any part of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          OTHER IMPORTANT TERMS.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          We may transfer our rights and obligations under these Terms to another organization.<\/p>

          Nobody else has any rights under these Terms.\u00a0These Terms are between you and BotanicalTea.<\/p>

          Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, rewards programs, or other similar features, all of which are made a part of these Terms by this reference.<\/p>

          If a court finds part of these Terms illegal, the rest will continue in force.\u00a0Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.<\/p>

          No waiver by BotanicalTea of any\u00a0term\u00a0or condition set out in these\u00a0Terms\u00a0shall be deemed a further or continuing waiver of such\u00a0term\u00a0or condition or a waiver of any other\u00a0term\u00a0or condition, and any failure of BotanicalTea to assert a right or provision under these\u00a0Terms\u00a0shall not constitute a waiver of such right or provision.<\/p>

          In addition, you agree to our Messaging Terms https:\/\/terms.pscr.pt\/legal\/shop\/teaforteshop\/terms_of_service<\/p>

          and Messaging Privacy Policy https:\/\/terms.pscr.pt\/legal\/shop\/teaforteshop\/privacy_policy<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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          CONTACTING US.<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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          You may contact us at:
          BotanicalTea 
          5 Mill & Main Place, Suite 211
          Maynard, MA 01754
          Customer Service
          (800) 721-1149 Monday through Friday, 9 a.m. \u2013 6 p.m. ET
          info@teaforte.com <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

          BOTANICAL TERMS OF USE Last Updated: November 15, 2024 THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. DETAILS ARE SET FORTH BELOW. PLEASE READ THE\u00a0TERMS\u00a0CAREFULLY BEFORE YOU START TO USE THE\u00a0SITE.\u00a0BY USING THE\u00a0SITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE\u00a0TERMS.\u00a0IF YOU DO NOT WANT TO AGREE TO 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