Untitled Document
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEB SITE. All users of this web site agree that access to and use of this
web 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
web site.
Copyright
The entire content included in this web site, know as moTea,
with the URL www.motea.com, including but not limited to text, graphics
or code (the Site) is copyrighted as a collective work under the United States
and other copyright laws, and is the property of moTea. The
collective work includes works that are licensed to moTea.
Copyright 2004, moTea ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of the Site for the sole
purpose of placing an order with moTea or purchasing moTea 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 moTea or
to purchase moTea products. Any other use, including but not
limited to the reproduction, distribution, display or transmission of the content
of the Site is strictly prohibited, unless authorized by moTea.
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 moTea used
in the Site are trademarks or registered trademarks of moTea.
Warranty Disclaimer
The 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, moTea disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular purpose
and non-infringement. moTea does not represent or warrant
that the products sold on the Site will perform as described, or that the functions
contained in the Site will be uninterrupted or error-free, that the defects
will be corrected, or that the Site or the server that makes the Site available
are free of viruses or other harmful components. moTea does
not make any warrantees or representations regarding the use of the materials
in the 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
moTea 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 moTea
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 a product sold on the Site is mistakenly listed at an incorrect
price, moTea reserves the right to refuse or cancel any
orders placed for such product listed at the incorrect price. moTea 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,
moTea shall issue a credit to your credit card account in
the amount of the incorrect price.
Price Changes
All prices listed on the Site are subject to change without notice. moTea will need to modify prices from time to time and will not honor
lower prices previously posted on the Site.
Term; 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 moTea 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
moTea may deliver notice to you by means of e-mail, a general
notice on the Site, or by other reliable method to the addresses you have provided
to moTea.
Miscellaneous
Your use of the Site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and not
by the 1980 U.N. Convention on contracts for the international sale of goods.
You agree that jurisdiction over and venue in any legal proceeding directly
or indirectly arising out of or relating to the Site (including but not limited
to the purchase of moTea products) shall be in the state or
federal courts located in Oakland,CA. Any cause of action or
claim you may have with respect to the Site (including but not limited to the
purchase of moTea products) must be commenced within one (1)
year after the claim or cause of action arises. moTeas failure
to insist upon or enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall
act to modify any of these terms and conditions. moTea may
assign its rights and duties under this Agreement to any party at any time
without notice to you.
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 a moTea 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
moTea 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, moTea 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, moTea
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 moTea in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless moTea, 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, moTea may link to web sites operated by third parties. However, even if the
third party is affiliated with moTea, moTea
has no control over these linked web sites, all of which have separate privacy
and data collection practices, independent of moTea. These
linked web sites are only for your convenience and therefore you access them
at your own risk. Nonetheless, moTea 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 web site, but for web sites it links to as
well (including if a specific link does not work).
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