PLEASE READ THESE TERMS AND CONDITIONS ("TERMS OF USE" or “AGREEMENT”) CAREFULLY BEFORE USING WWW.SIMPLICITYTEAS.COM (THE "SITE") OR ANY SERVICE OFFERED BY SIMPLICITY TEAS LLC ("Simplicity Teas,",,"WE," “OUR," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY SIMPLICITY TEAS SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY SIMPLICITY TEAS SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.
This Agreement applies to all Site visitors and users of the Site or Simplicity Teas Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any Simplicity Teas Service. If you have any questions, please contact us at info@simplicityteas.com
- SIMPLICITY TEAS OVERVIEW
Simplicity Teas operates an online tea service on the Site and on social networking platforms such as the Simplicity Teas Facebook® page, the Simplicity Teas Instagram Page, the Simplicity Teas Pinterest Page, the Simplicity Teas TikTok feed, and Simplicity Teas YouTube channel (collectively, the "Simplicity Teas Online Community").
GIVEAWAYS
Official Rules for Giveaways
Every month, Simplicity Teas posts Giveaways for Simplicity Teas Subscribers and community members to win tea products.
Simplicity Teas advertises our Giveaways through various means. You can find out about them on simplicityteas.com, or through Simplicity Teas social media channels, which include Instagram, Facebook and others.
Terms for Giveaways: Your participation in any Giveaway is subject to and governed by the official rules set forth here, along with any guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on simplicityteas.com or on Simplicity Teas social media channels (the “Specific Giveaway”). If there is a conflict between these official rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.
Social Media Disclosure: All Giveaways also follow the guidelines of the social media channel on which the Giveaway is promoted. Giveaways are in no way sponsored, endorsed or administered by, or associated with the social media channel you use to learn about or enter the Giveaway. Entrants are providing their information to Simplicity Teas and not to the social media channel, during the entry process. The information entrants provide will be used for administering the specific Giveaway and/or for marketing purposes in accordance with these Terms of Use and with Simplicity Teas Privacy Policy.
Eligibility: Unless otherwise noted in the Additional Terms for the Specific Giveaway, Simplicity Teas Giveaways are open to people located in the USA. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
Sponsor: Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is Simplicity Teas, LLC (“Sponsor” or “Simplicity Teas”).
Unless otherwise noted in the Specific Giveaway, you may only enter one time. You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered by the IRS a taxable event, and Simplicity Teas may be required to issue you a tax form 1099.
How to Enter: Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Simplicity Teas uses to launch Giveaways are free to join and Simplicity Teas makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. In all cases where you are required to place hashtags on the entry, all hashtags must be included or your entry will not be eligible for the Specific Giveaway.
Odds: The odds of winning depend upon the number of entries received. Entries are capped at 1 (one) unless otherwise stated in the Specific Giveaway.
Contest Winner Selection: The contest Sponsor will select winners from contests based on its own criteria, and reserves the right to do so. In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes.
Giveaway Winner Notification and Announcement: Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made, and the Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond in a timely manner to the notification may result in forfeiture of the prize and, in such case, Sponsor may, but is not obligated to, select an alternate Selected Entrant.
Prize: The prize, the number of prizes, and the individual and/or total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.
Publicity: By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby releases the Sponsor from any liability with respect thereto, unless prohibited by law.
Prize Conditions: In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
Prizes are shipped only to the winner via ground shipping within the United States.
Conditions of Participating: By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability: If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any Simplicity Teas Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Giveaway in its entirety.
Disputes and Jurisdiction: Disputes regarding these terms will be governed by the internal laws of the State of Texas. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
- PRODUCT MANUFACTURE AND INGREDIENTS
Simplicity Teas doesn’t manufacture any of the products we send to you. All products distributed with the Simplicity Teas Box, Offers, and Giveaways are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. It is your responsibility to review the ingredients to avoid allergic reactions or other side effects personal to you.
U.S. residents who want to report a concern regarding any product obtained from any source can contact the U.S. Food and Drug Administration.
- GENERAL TERMS OF USE FOR OUR SITE AND ALL THE SIMPLICITY TEAS SERVICES
Eligibility to Use the Site and Simplicity Teas Services
General: You may access the Site from anywhere in the world without incurring any fees. However, you will be required to join Simplicity Teas and be a legal resident of the United States to use or participate in certain Site features and Simplicity Teas Services.
Residency: The Site is available to anyone in the world, but the Simplicity Teas Services are limited to legal residents of the United States. The Simplicity Teas Box Subscription service, Offers and Giveaways are available to residents in the United States. We make no guarantee that you will be eligible to receive every product we sell or distribute.
Fees: It's free to use the Site, but the Subscription service requires that you pay a fee.
Age: You are not authorized to access or use the Site or any Simplicity Teas Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Simplicity Teas Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or Simplicity Teas Box subscriber, if applicable) and will be responsible for any and all use of the Site and Simplicity Teas Services by the individual under 18.
Compliance: To be eligible to use the Site and Simplicity Teas Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the Simplicity Teas policy documents described below (if applicable to your use of the Site or Simplicity Teas Services), and all other operating rules, policies, and procedures that Simplicity Teas may publish from time to time on the Site, each of which is incorporated herein by reference and each of which Simplicity Teas may update from time to time without notice to you. These documents include the Simplicity Teas Privacy Policy, Simplicity Teas Cookie and Tracking Policy, Simplicity Teas Copyright and Intellectual Property Policy, and Simplicity Teas Guidelines.
Certain Simplicity Teas Services may be subject to additional terms and conditions that Simplicity Teas may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement. See Section 5 below for more information regarding modifications to these Terms of Use.
Simplicity Teas Right to Revoke, Suspend, or Restrict Eligibility: Simplicity Teas reserves the right, in its sole discretion, to cancel unconfirmed, inactive, or unpaid accounts. Simplicity Teas may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Simplicity Teas Service. If Simplicity Teas bans you from the Site or any Simplicity Teas Service, you may not return to the Site or use that Simplicity Teas Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Simplicity Teas Service after you've been banned, you will be deemed to have breached this Agreement, and Simplicity Teas reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify Simplicity Teas of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. Simplicity Teas will not be liable for any loss or damage arising from your failure to comply with this Section.
Account Information: In the course of your use of the Site or Simplicity Teas Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up to date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information.
Our Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.
Account Transfer Prohibited: You may not transfer or sell your Simplicity Teas account or username to any other party. You are fully responsible for all activity of your Simplicity Teas account and username.
General Practices Regarding Site Use and Storage: You acknowledge that Simplicity Teas may establish general practices and limits concerning Site use and storage. You agree that Simplicity Teas has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Simplicity Teas may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
Site Content: Other than content submitted to Simplicity Teas Site or Social Media (“Online Community”) by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without Simplicity Teas prior written permission.
You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
User Content: You must own all User Content you submit to any Simplicity Teas Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the Simplicity Teas Online Community and you submit User Content at your own risk.
Simplicity Teas does not claim ownership rights in your User Content. When you submit User Content to anySimplicity Teas Online Community you grant us a license to use such content, but you retain ownership.
By uploading User Content on the Site, you grant Simplicity Teas a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or not currently known. You agree to allow Simplicity Teas to store, translate or reformat your User Content on the Site and display your User Content on the Site in any waySimplicity Teaschooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Simplicity Teas harmless for any dispute concerning such re-posting. Simplicity Teas assumes no responsibility for any third party's intellectual property infringement of User Content.
Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the Simplicity Teas Online Community or through the Simplicity Teas Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear through the Simplicity Teas Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed throughout Simplicity Teas Services without our written permission or that of the third-party rights holder.
Prohibited User Conduct: You agree that while using the Site andSimplicity Teas Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Simplicity Teas , its affiliates, or another Simplicity Teas user; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Simplicity Teas Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site orSimplicity Teas Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
Information on the Simplicity Teas Online Community: We control and operate the Site from the United States. Simplicity Teas does not control User Content postings to the remainder of the Simplicity Teas Online Community. The views expressed in the Simplicity Teas Online Community do not necessarily reflect or represent the views of Simplicity Teas , its staff or stylists.
Simplicity Teas reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the Simplicity Teas Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. Simplicity Teas also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact Simplicity Teas at info@simplicityteas.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact us at the same email. We will remove your User Content as soon as reasonably possible.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Simplicity Teas Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to Simplicity Teas as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Simplicity Teas does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
AUTOMATIC RENEWAL TERMS: For Simplicity Teas Services subject to automatic renewal, you agree that Simplicity Teas may submit periodic charges without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before Simplicity Teas could reasonably act.
Our total price for the Simplicity Teas Month-to-Month Subscription involving your purchase of a tea product (Subscriptions) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Simplicity Teas and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.
Unless otherwise indicated, our total price for any Simplicity Teas Service involving your purchase of a product will include shipping and handling fees. Simplicity Teas Box shipments to anywhere outside of the United States are subject to a shipping fee.
Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site or other Service provided by Simplicity Teas is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before consuming any product. When appropriate, you should seek independent professional advice.
Warranty Disclaimer: SIMPLICITY TEAS AND SIMPLICITY TEAS’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND SIMPLICITY TEAS SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. SIMPLICITY TEAS AND SIMPLICITY TEAS'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM SIMPLICITY TEAS TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE SIMPLICITY TEAS ONLINE COMMUNITY, AND THE SIMPLICITY TEAS SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT SIMPLICITY TEAS HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Limitation of Liability: IN NO EVENT SHALL SIMPLICITY TEAS OR SIMPLICITY TEAS'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR 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 ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR SIMPLICITY TEAS SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF SIMPLICITY TEAS AND SIMPLICITY TEAS'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO SIMPLICITY TEAS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD SIMPLICITY TEAS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. SIMPLICITY TEAS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH SIMPLICITY TEAS'S DEFENSE OF SUCH CLAIM.
LEGAL DISPUTES
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND SIMPLICITY TEAS HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Simplicity Teas agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Services, or any products purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND SIMPLICITY TEAS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SIMPLICITY TEAS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Legal Disputes: Mandatory Arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.
You and Simplicity Teas each agree that any and all disputes or claims that have arisen or that may arise between you and Simplicity Teas relating in any way to or arising out of this or previous versions of this Agreement, your use of the Site or Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate in this Legal Disputes Section. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of Texas, as set forth in the Section "Choice of Law". Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.
Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Simplicity Teas must be resolved exclusively by a state or federal court located in Texas. You andSimplicity Teas agree to submit to the personal jurisdiction of the courts located within Texas for the purpose of litigating all such claims or disputes.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Texas and the United States of America, without regard to choice of law provisions.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and Simplicity Teas's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that Simplicity Teas may publish from time to time on the Site, constitutes the entire agreement between you and Simplicity Teas concerning your use of the Site and Simplicity Teas Services. Simplicity Teas reserves all rights not granted under this Agreement.
Severability: 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.
No Agency: You and Simplicity Teas are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to Simplicity Teas must be given by postal mail to Simplicity Teas, Attention: Legal Department, 921 wolcott, dr leander, tx 78641. Any notice to you may be given: (1) to the email address you provide to Simplicity Teas during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Simplicity Teas, in which case notice will be deemed sufficient three days after the mailing date.
Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.
- MODIFICATIONS TO TERMS OF USE
We may change the Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If Simplicity Teas makes a material change, Simplicity Teas will notify you here in this Terms of Use Agreement or by any other means we deem appropriate. Simplicity Teas may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site after we have modified this posting will constitute your acceptance of any changes.
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Created: March, 24, 2021
Effective: March, 24, 2021