Welcome to the Talbott Teas Inc. Website, www.talbottteas.com (the “Site”). By accessing this Site, you agree to be bound by the terms and conditions below (the “Terms”). If you do not agree to all of the Terms, please do not use the Site. Talbott Teas Inc. may from time to time modify or revise the Terms by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site.
THIS SITE, ITS CONTENTS, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TALBOTT TEAS INC. NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “TALBOTT TEAS PARTIES”) EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE TALBOTT TEAS PARTIES DO NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THOSE DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT SHALL THE TALBOTT TEAS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE TALBOTT TEAS PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Copyright And Trademark Notice
This Site and its contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (all such content collectively referred to as “Content”) are protected under United States and international copyright laws and are the property of Talbott Teas Inc. or its third party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, and/or trade dress (collectively, “Marks”) of Talbott Teas Inc. or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Talbott Teas Inc. is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
The Site and its Contents, other than the Contents of the Press Room, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents displayed on the Site, other than the Contents of the Press Room, for your own use provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends or other proprietary rights notices. The Contents of the Press Room may be downloaded only by designated employees of Talbott Teas Inc. or its parent company, business associates, advertising agencies and news media for use in a non-commercial manner. In using downloaded materials, copyright and trademark notices shall be displayed and used in the manner shown or speciﬁed. No right, title or interest in any download materials is transferred to you as a result of any such downloading or copying. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modiﬁed or incorporated in any other work, publication, or website. Talbott Teas Inc. shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download material from this Site you do so at your own risk.
Your Comments And Transmissions
We appreciate your comments, remarks, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications and submissions you disclose or transmit to us (collectively, “Submissions”). So long as no personally identifiable information is disclosed, Talbott Teas Inc. is free to use the Submissions for any purpose whatsoever. By making a Submission, you grant Talbott Teas Inc., its parent company and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein. Any such use is without compensation you. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Talbott Teas Inc.’s use of the Submission will not violate any third party’s rights. Talbott Teas Inc. is under no obligation to use the information submitted.
You agree to defend, indemnify and hold Talbott Teas Inc. and each of its parent company, subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
Modifications To The Site
Talbott Teas Inc. reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site including but not limited to content, features or hours of availability. Talbott Teas Inc. may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false of misleading indications or origin or statements of fact.
These Terms are governed by and shall be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law. Any controversy or dispute involving Talbott Teas Inc. arising from or in any way related to these Terms or your use of the Site shall be heard in the appropriate State or Federal court in San Francisco County, California.