Terms And Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to
the following terms and conditions and other applicable law. If you do not
agree to these terms and conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Essencha Tea House & Fine
Teas. The collective work includes works that are licensed to Essencha Tea
House & Fine Teas. Copyright 2005, Essencha Tea House & Fine Teas ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with Essencha
Tea House & Fine Teas or purchasing Essencha's products. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with Essencha Tea House & Fine Teas or to purchase Essencha Tea House
& Fine Teas products. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the content of this site
is strictly prohibited, unless authorized by Essencha Tea House & Fine Teas.
You further agree not to change or delete any proprietary notices from
materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Essencha Tea House & Fine Teas
used in the site are trademarks or registered trademarks of Essencha Tea House
& Fine Teas
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, Essencha Tea House & Fine Teas
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. Essencha Tea House & Fine Teas does not represent or warrant
that the functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components. Essencha
Tea House & Fine Teas does not make any warrantees or representations regarding
the use of the materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above limitations may
not apply to you.
Limitation of Liability
Essencha Tea House & Fine Teas shall not be liable for any special or
consequential damages that result from the use of, or the inability to use, the
materials on this site or the performance of the products, even if Essencha Tea
House & Fine Teas has been advised of the possibility of such damages.
Applicable law may not allow the limitation of exclusion of liability or
incidental or consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical Errors
In the event that an Essencha product is mistakenly listed at an incorrect
price, Essencha Tea House & Fine Teas reserves the right to refuse or cancel
any orders placed for the product listed at the incorrect price. Essencha Tea
House & Fine Teas reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, Essencha shall issue a credit to your credit card account in the
amount of the incorrect price.
Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Essencha Tea House & Fine
Teas without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Essencha Tea House & Fine Teas may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to Essencha Tea House & Fine Teas.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including an Essencha Tea House & Fine Teas or other licensed employee,
host, or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation Disclaimer
Essencha Tea House & Fine Teas does not and cannot review all communications
and materials posted to or created by users accessing the site, and is not in
any manner responsible for the content of these communications and materials.
You acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, Essencha Tea House & Fine Teas is merely
acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site.
However, Essencha Tea House & Fine Teas reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or other intellectual property right of another or (d)
offensive or otherwise unacceptable to Essencha in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Essencha Tea House & Fine
Teas, its officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Essencha Tea House &
Fine Teas may link to sites operated by third parties. However, even if the
third party is affiliated with Essencha Tea House & Fine Teas, Essencha Tea
House & Fine Teas has no control over these linked sites, all of which have
separate privacy and data collection practices, independent of Essencha Tea
House & Fine Teas. These linked sites are only for your convenience and
therefore you access them at your own risk. Nonetheless, Essencha Tea House &
Fine Teas seeks to protect the integrity of its web site and the links placed
upon it and therefore requests any feedback on not only its own site, but for
sites it links to as well (including if a specific link does not work).