An agreement between us and you.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
If you have any questions, please send your questions to firstname.lastname@example.org.
1. Tealet is a Venue
Tealet acts as a venue to allow users who comply with Tealet's policies to offer, sell and buy direct-from farm tea within a free-price format. Tealet is not directly involved in the transaction between buyers and sellers. As a result, Tealet has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Tealet does not pre-screen users or the content or information provided by users. Tealet cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Tealet does not transfer legal ownership of items from the seller to the buyer.
Tealet cannot guarantee the true identity, age, and nationality of a user. Tealet encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that Tealet is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Tealet. You use the Tealet service at your own risk.
2. Membership Eligibility
Age: Tealet's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Tealet may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Tealet's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Tealet of any unauthorized use of your password or any breach of security. You also agree that Tealet cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Tealet without Tealet's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Tealet you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your Tealet account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: Tealet's services are not available to temporarily or indefinitely suspended Tealet members. Tealet reserves the right, in Tealet's sole discretion, to cancel unconfirmed or inactive accounts. Tealet reserves the right to refuse service to anyone, for any reason, at any time.
Re-Posting Content: By posting Content on Tealet, it is possible for an outside website or a third party to re-post that Content. You agree to hold Tealet harmless for any dispute concerning this use. If you choose to display your own Tealet-hosted image on another website, the image must provide a link back to its listing page on Tealet.
Idea Submissions: Tealet considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Tealet shall not be liable for the disclosure or use of such Material. If, at Tealet's request, any member sends Material to improve the site (for example through the Forums or to customer support), Tealet will also consider that Material to be non-confidential and non-proprietary and Tealet will not be liable for use or disclosure of the Material. Any communication by you to Tealet is subject to this Agreement. You hereby grant and agree to grant Tealet, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Other Resources: Tealet is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Tealet does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Tealet 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
4. Resolution of Disputes and Release
In the event a dispute arises between you and Tealet, please email email@example.com.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Tealet agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Tealet (and Tealet's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Tealet encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Tealet, for the benefit of users, may try to help users resolve disputes. Tealet does so in Tealet's sole discretion, and Tealet has no obligation to resolve disputes between users or between users and outside parties. To the extent that Tealet attempts to resolve a dispute, Tealet will do so in good faith based solely on Tealet's policies. Tealet will not make judgments regarding legal issues or claims.
5. Tealet's Intellectual Property
TEALET, and other Tealet graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Tealet, Inc. in the U.S. and/or other countries. Tealet's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Tealet may, without notice, and without refunding any fees, delay or immediately remove Content, warn Tealet's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
8. No Warranty
TEALET, TEALET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND TEALET'S SUPPLIERS PROVIDE TEALET'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TEALET, TEALET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND TEALET'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TEALET SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
9. Liability Limit
IN NO EVENT SHALL TEALET, AND (AS APPLICABLE) TEALET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR TEALET'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, TEALET'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
TEALET'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF TEALET'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO TEALET IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD TEALET AND (AS APPLICABLE) TEALET'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
11. No Guarantee
Tealet does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Tealet's control.
12. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Tealet service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the Site (excluding any taxes on Tealet's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
14. No Agency
You and Tealet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
15. Tealet Service
16. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Hawaii, excluding its conflicts of laws rules, and the United States of America.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Tealet; Attn: Legal Department; PO Box 2243 Ewa Beach, Hawaii 96706 (in the case of Tealet) or, in your case, to the email address you provide to Tealet (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Tealet may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Tealet. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in Tealet's Copyright and Intellectual Property Policy.
The services hereunder are offered by Tealet Inc., located at PO Box 2243 Ewa Beach, Hawaii 96706.
- All buyers must sign up and register on our website, to be an actual bidder in the web auction. You must be 18 years or older to bid. To become a registered bidder, you will need to enter the following information on the sign up/registration page:
- E-Mail Address
- Business Name
- Each bidder is only allowed one account. You may not register twice. If you have forgotten your password, you can reset your password, or you may call or email us for it.
- Any and all legitimate bids are accepted.
- Keeping true to the auction format of "sold to the highest bidder"...at the close of each sale, items that have been bid on within the last 5 minutes, will remain open for bidding in 5 minute intervals, until there has been no bids within that time frame.
- Arrangements for payment, pick-up, delivery, or shipment, must be completed within 10 business days from the end of the auction.
- Buyer agrees to pay all shipping and handling costs if they apply, as well as any delivery charges, if applicable. There will be a minimum $5.00 handling fee on top of postage for all items being shipped. All small shipments sent via USPS.
- Tealet accepts payment credit card only (Visa, MasterCard, American Express, JCB, Discover, and Diners Club).
- Payment information (credit card) will be collected at the time of bidding and safely stored for future payments.
- You are legally responsible for payment of any items won at auction with us. The buyer has 2 business days to pay for purchases with an additional 7 day “grace period” for payment due, after which there will be a $10.00 delinquent handling charge placed on any one (1) item not paid.
- You are legally responsible for payment of any items won at auction with us, and any fees or charges accumulated. If payment is not made, this will in turn forfeit all of your bidding rights to any of the upcoming sales, and possibly invoke legal action.
- The Auctioneer relinquishes all responsibilities for the safeguard of any items after the pick-up deadline.
- All items are sold as is. All sales are final. Each buyer is responsible to inspect all items. NO returns are allowed!
- As a buyer of teas on the auction you have the right to utilize media associated with that product for your own marketing use.
- Your bids represent a confirmation of your acceptance of these terms and a contractual agreement to purchase all lots sold to you.
Effective Date: April 29, 2012
Updated: Aug 05, 2013