1. TERMS OF AGREEMENT. This Agreement is between the User and KARHL Holdings LLC, the owner of the Site (herein referred to as "Two If By Tea"). The Terms and Conditions constitute a legally binding agreement (the "Agreement") between the User and Two If By Tea. Two If By Tea has the right to modify this Agreement or these Two If By Tea Policies at any time. Every time the User uses the Site, the User is agreeing to the Two If By Tea Policies as they exist at that time. Changes in these Two If By Tea Policies may be posted on this page, without other written, verbal, or electronic communication. Use of the Site will be considered acceptance of these Two If By Tea Policies.
2. TwoIfByTea.com User Registration.
(a) To access certain portions of the Site or to order products offered on the Site, the User may have to register with and provide personal information to the Site.
(b) By submitting information to the Site, the User asserts that the User's information is true and accurate to the best of the User's knowledge. The User further agrees not to submit false or fraudulent information to the Site. Falsifying or omitting contact information such as name, address, and/or telephone number when registering on the Site is not permitted.
(c) During creation of the User's account, the User may be issued a username and password. The User agrees to keep its username and password confidential.
(d) The User agrees to receive periodic communication from Two If By Tea by e-mail regarding the status of the User's account or other information associated with the User's account. The User may discontinue such communications at any time by taking any of the actions described in the communication such as clicking a link or making a written request by email.
3. INTELLECTUAL PROPERTY. This Site is owned and operated by Two If By Tea, in Florida, the United States of America. Unless otherwise noted in the Site, Two If By Tea owns the copyright with respect to all content on the Site. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on the Site. All rights to our content, services, and server information are reserved. Any modification made to the content of the Site by a third party is a violation of Two If By Tea's copyright. Additionally, the Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
5.FEDERAL AND STATE LAWS. When using the Site the User must obey all applicable federal, state and local laws. The Site was created and will be operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing the User’s rights to access the Site.
6.PROHIBITED ACTIVITIES. The following activities are expressly prohibited from the Site:
(a)Reselling any products purchased using the Site. Two if By Tea reserves the right to recover any profits derived through breach of this provision.
(b)Creating a username in violation of anyone's trade secret, copyright, or other intellectual property right.
(c)Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
(d)Engaging in activity that compromises the Site. Such may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancelbots, Trojan horses, mail-bombing or crashing.
(e)Engaging in any activity designed to impede the use of the Site by other users, including, but not limited to, any activity that jams the Site, including overloading and flooding.
(f)Framing or deep linking into the Site.
(g)Accessing the Site by means of an automated process, spiders, bots or similar device.
7. USER SUSPENSION AND/OR TERMINATION. Two If By Tea, in its sole discretion, may terminate users for violating the Two If By Tea Policies. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User's account and/or give rise to civil action against the User.
8. OFF-SITE LINKS. A link to a non-TwoIfByTea.com website does not mean that Two If By Tea endorses or accepts any responsibility for the content, or the use, of such website. It is up to the User to take precautions to ensure that whatever the User selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
9. Disclaimer of WARRANTY. NO WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL, WRITTEN, EXPRESS OR IMPLIED SHALL APPLY TO the User’s ACCESS TO AND USE OF THE SITE.
10. LIMITATION OF LIABILITY.
(a) THE LIABILITY OF TWO IF BY TEA, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF TWO IF BY TEA'S OBLIGATIONS IN CONNECTION WITH THE STORAGE, AND/OR USE OF THE INFORMATION PROVIDED UNDER THE AGREEMENT, OR THE RENDITION OF SERVICES HEREUNDER, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET PURCHASE PRICE (EXCLUDING TAXES AND FREIGHT) FOR SUCH PRODUCTS OR SERVICES, AND SHALL IN NO EVENT INCLUDE DAMAGES FOR LOSS OF PROFITS OR REVENUE; INCREASED COST OF PURCHASING OR PROVIDING MATERIALS, SUPPLIES OR SERVICES; COST OF REPLACEMENT CAPITAL; CLAIMS OF PURCHASER'S CUSTOMERS; INVENTORY OR USE CHARGES; OR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE.
(b)This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Agreement. It is up to the User to take precautions to ensure that whatever the User selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. IN NO EVENT WILL TWO IF BY TEA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPER LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON THE USER'S INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. USER INDEMNIFICATION OF TWO IF BY TEA.
(a)The User agrees to indemnify Two If By Tea against any lawsuit based on the User's activities. The User further agrees to indemnify, defend and hold Two If By Tea harmless from and against all claims, demands, actions whether civil or administrative, liability, fines, penalties and expense, whether based on warranty, contract, negligence, strict liability or otherwise.
(b)The User agrees to indemnify Two If By Tea and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from the User's submissions, from the User's unauthorized use of material obtained through the Site, or from the User's breach of this Agreement, or from any such acts through the User's use of the Site.
(a) Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
(b) Website Availability. Because public networks, such as the internet, occasionally experience disruptions, Two If By Tea cannot guarantee its Site will be available 100% of the time. Although Two If By Tea strives to provide the most reliable Site possible, interruptions and delays in accessing the Site are unavoidable and Two If By Tea disclaims any liability for damages resulting from such problems.
(c)Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make Two If By Tea postings as accurate as possible, but Two If By Tea does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
(d)Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
(e)Credit Card Security. We make every effort to ensure that your ordering information, including your credit card number, is protected while you are on our site. The Site or the website of a third party contractor uses SSL (Secure Socket Layer) encryption so that your personal information cannot be read as it passes over the internet. You can tell you are using the Secure Socket Layer encryption when a gold or blue padlock appears in the corner of your Netscape or Microsoft browser. SSL keeps others from seeing your personal information by scrambling it so that only your Web browser, and the server of the Site or such third party website, can decipher it. In addition, your online password adds another layer of security to your guest profile.
(f)Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Florida, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Palm Beach County Florida District Court or the United States District Court for the Southern District of Florida.
Photo Submission Terms & Conditions. By submitting your photos, unless prohibited by law, you hereby certify that you are 18 or over and grant KARHL Holdings LLC/Two If By Tea (“KARHL”): (i) a royalty-free, non-exclusive and unlimited license to use your photo, as well as any characters or artwork featured therein, if any, on its website www.twoifbytea.com, and elsewhere as KARHL wishes in its sole discretion for promotional purposes or any other purpose; and (ii) permission to use your names, image, biographical information, and/or likenesses in connection with promotion of its products, without your review, approval or notification, all in any and all media now known or hereinafter invented without territorial or time limitations. You further represent that your photo is original and owned by you and that you are the only person featured in the photo. You agree to release KARHL and its affiliates from any and all claims arising out of KARHL’s use of your submission, including without limitation libel, copyright, or rights of publicity, even if your photos are altered or used in composite forms, or in conjunction with factual or fictional text, either intentionally or otherwise. KARHL is not obligated to make any use of any photos. Submissions must not feature any brands or logos or other designs, other than those owned by you or KARHL or Two if By Tea.