This is an Agreement between you and Red Rover Merchant Services LLC (RRMS LLC), and this Agreement governs both your legal rights with regards to EatGreenTea.com the business (which also includes RRMS LLC by reference) as well as your use of our Website.
We may amend this Agreement at any time by posting the amended terms on our Website. At our sole discretion, we may post notices on the homepage of our Website when such changes occur. Such changes become effective upon their posting, unless otherwise specified.
EatGreenTea.com provides an online community through our Website where people can learn about the health benefits of eating green tea as well as get information on recipes, health tips, and even purchase edible green tea (Service).
Our Intellectual Property
You understand and agree that our Website, Service, and related technologies are protected by United States Copyright Law and as such, you will not attempt to reverse engineer or otherwise copy our Website, Service, and related technologies other than is necessary for its intended use. Any violation of this provision is grounds for subjecting you to civil and criminal action under current United States Copyright Law. You understand and agree that RRMS LLC, EatGreenTea.com and other product and company names mentioned on our Website may be trademarks and/or service marks of their respective owners, and that as such, you may not use any such trademark or service mark in connection with any product or service in any manner which violates United States Trademark Law.
Right to Refuse Membership
EatGreenTea.com has sole discretion in determining whether to accept a Member to our Website and may refuse membership to our Website to anyone without the need to provide explanation. EatGreenTea.com has no liability whatsoever for such refusal.
EatGreenTea.com does not perform background checks with regard to our Members and any qualifications they may claim to have. As such, you understand and agree that anything posted by our Members is strictly an opinion and EatGreenTea.com does not verify any authority or education such Members claim. As such, you understand and agree that EatGreenTea.com is not liable for reliance on information provided by Members. EatGreenTea.com is not responsible for determining the age of its users and has no liability whatsoever should a minor use our Website and Service but would otherwise be prohibited due to the minor’s age.
In the event that you are not completely satisfied with our product, simply contact us within 7 days of receiving the product. After you receive an RMA number from us, ship the unused product back to us. We will then refund your full purchase price, including the original shipping costs, plus $5, either to the credit card you paid with or in the form of a debit card, at our sole discretion.
Credit Card Charge-Backs
While we actively support fighting credit card fraud, EatGreenTea.com has a zero-tolerance policy regarding credit card charge-backs. If you use a credit card to make any purchases from our Website and then start a charge-back process regarding such a purchase, EatGreenTea.com reserves the right to immediately terminate your account AND your account and the credit card number you provided will be blacklisted in our systems. Should EatGreenTea.com do this, you will never again be able to use that account and credit card with EatGreenTea.com.
General Content Disclaimer
The opinions expressed on our Website are strictly those of the person who gave them and are no way endorsed or otherwise supported by EatGreenTea.com, other than that they appear on our Website. You understand and agree that you rely upon any content found on our Website solely at your own risk. Individual content provided by Members represents their own ideas and positions and are not in any way edited by EatGreenTea.com, though we may remove content that is abrasive, inflammatory, racial, or violates state or federal laws. However, EatGreenTea.com has no obligation to update any content on our Website, and we do so at our sole discretion.Our Website Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up-to-date, and similar to any printed materials, it may become out-of-date.
EatGreenTea.com is not responsible or liable in any manner for any content on our Website, including, but not limited to, factual information, 3rd party applications, viruses, etc. as posted on our Website or caused by users of the Website, or in connection with third parties or by any of the equipment or programming associated with or utilized in our Website. Although we provide rules for user conduct and postings, we do not control nor are not responsible for what users post, transmit or share on our Website. Furthermore, we are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website. EatGreenTea.com is not responsible for the conduct, whether online or offline, of any user of the Website.EatGreenTea.com may be temporarily unavailable from time to time for maintenance or other reasons. EatGreenTea.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications in your use of our Website. EatGreenTea.com is not responsible for any technical malfunction in your use of our Website, including, but not limited to, problems with using the Website, loss of personal content on our Website, and lost or undeliverable email. Under no circumstances will the EatGreenTea.com be responsible for any loss or damage, including, but not limited to personal injury or death, resulting from use of our Website, or any interactions between users of our Website, whether online or offline.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. EATGREENTEA.COM AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE AS FOUND ON OUR WEBSITE. EATGREENTEA.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE AND SERVICE. EATGREENTEA.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT OR MATERIALS ON OUR WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT OUR WEBSITE, SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SERVICE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SERVICE TO DETECT AND DISINFECT VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SERVICE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH OUR WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
EATGREENTEA.COM AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR WEBSITE, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN NO EVENT WILL EATGREENTEA.COM OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, OR ANY OF OUR WEBSITE’S CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE, EVEN IF THE EATGREENTEA.COM IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, EATGREENTEA.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO EATGREENTEA.COM FOR THE PURCHASE GIVING RISE TO LIABILITY.
Waiver of Liability for Links to Other Websites
Our Website may contain links to other websites. You understand and agree that EatGreenTea.com has no control over the content of any such websites, especially with regards to the accuracy, reliability, and timeliness of their content. As always, you understand and agree that your use and reliance on any content from such other websites is solely at your own risk. You understand and agree that EatGreenTea.com is in no way liable for any damages to you that may arise from such use or reliance, regardless of the fact that you reached such a website through our Website.
Monitoring and Removal of Information
You understand and agree that EatGreenTea.com reserves the right to monitor all public postings and messages to ensure that they conform to our content guidelines. We also reserve the right to monitor all messages and chats that take place through our Website. You understand and agree that monitoring is at our discretion and that we cannot and do not monitor every message or other material posted or sent by members of our Website. You understand and agree that EatGreenTea.com is not responsible in any way for monitoring or failing to monitor any offensive or obscene materials that may be transmitted or posted by other users, including, but not limited to, current members, unauthorized users, hackers, etc. Furthermore, you also understand and agree that EatGreenTea.com is not responsible for the use of any personal information that a Member may choose to post on our Website. However, you understand and agree that EatGreenTea.com reserves the right to delete, move, or edit messages or materials, including, but not limited to, advertisements, public postings, and messages, that we, in our sole discretion, deem necessary to be removed.
Promotional Lists and Newsletters
You understand and agree that by using our Website and Service, your name may be placed on promotional lists to receive emails regarding our Website and Service, news from our affiliates, and the EatGreenTea.com newsletter. If at any time you no longer wish to receive such emails, please visit the “Account Settings” section of our Website.
Advertisers, User Contributions, Testimonials and Opinions
You understand that our Website and any newsletters or emails you receive from EatGreenTea.com or our affiliates may include advertisements, user-contributed materials (such as blogs or discussion groups), testimonials and opinions from other individuals, including, but not limited to, users of our Website, manufacturers and service providers, and other industry professionals. You understand and agree that such advertisements, user-contributed materials, testimonials, and opinions are considered those of the individual that gave them and in no way represent a warranty of our Website and/or Service. Furthermore, you understand and agree that EatGreenTea.com is no way liable for the content and your reliance on it of any such advertisements, user-contributed materials, testimonials, and opinions.
Limitations on Reposting Information on our Website
You understand and agree that you may repost content found on our Website on other green tea related educational websites, posting boards, and blogs only, subject to the other terms of this Agreement and only as long as you provide the following attribution in any such reposts:
“Republished with permission from EatGreenTea.com, the original edible green tea.”
Rules of Conduct While Using Our Website and Service
All users of our Website and Service understand and agree to the following rules of conduct while using our Website and/or Service:
A. You agree to use our Website, its content, and our Service solely for its intended purposes only.
C. You agree to not in any way attempt to use any method to gain unauthorized access to any paid features of our Website.
D. Other than as allowed in this Agreement, you agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of our Website, its content, and our Service.
E. You agree to not use our Website or any content obtained from it to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
F. You agree to not use automated scripts to collect information from or otherwise interact with the Service or our Website.
G. You agree to not use our Website or Service to “stalk” or otherwise harass another person.
H. You agree to not harvest or collect email addresses or other contact information from users of our Website and Service for the purposes of sending unsolicited emails or other unsolicited communications.
I. You agree to not upload, post, or otherwise transmit any content to our EatGreenTea.com, our affiliates, our Website, or our Visitors and Members:
1. That is unlawful, harmful, threatening, defamatory, vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, harms minors, or is ethically or otherwise objectionable.
2. That you do not have a right to transmit under any law or under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
3. That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party. You upload, post, or otherwise transmit any content that contains Service viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer Service or hardware or telecommunications equipment.
4. That interferes with or disrupts the Service or servers or networks connected to the Service, or disobeys any requirements, procedures, policies or regulations of networks connected to the Service.
5. That intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, but not limited to, the New York Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
6. That collects or stores personal data about other users, through programmatic or any other means.
7. That promotes or provides instructional information about illegal activities; promotes hate, physical harm or injury against any group or individual; or promotes any act of cruelty to animals. This may include, but is not limited to offers of prostitution, the illegal sale of firearms, instructions on how to commit crimes, selling alcohol to minors, etc.
8. That is in any way considered unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
9. That makes publicly available on our Website, any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
10. That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose EatGreenTea.com and its users to any harm or liability.
J. For Members, you agree that any links you provide in content that you post on our Website conforms to the terms of all legal agreements as posted on our Website.
K. For Members, you agree that while we do not claim ownership in any of your content, when you post content to our Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on our Website. Also, by doing this, you also automatically grant, and warrant that you have the right to grant, to EatGreenTea.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose on or in connection with our Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such content, and to grant and authorize sublicenses of the foregoing.
L. For Members, you agree that your interaction with our Website and use of our Service in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between EatGreenTea.com and you.
M. For Members, you agree to provide us with a current email address that you have access to and actively monitor, both at the time of registration with us, and to update us from time to time when your email changes.
N. For Members, you agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever.
O. For Member, you agree to not attempt to use another Member’s account without direct authorization from EatGreenTea.com.
P. For Members, you agree to not register for more than one Member account or to register for a Member account on behalf of an individual other than yourself.
You agree to indemnify EatGreenTea.com and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or the use of our Website and Service.
Release of Personal Information
Termination/Cancellation of Your Account
For Members, you understand and agree that if you violate any provision of this Agreement, EatGreenTea.com may, solely at its discretion, terminate your account. In most cases, if EatGreenTea.com does terminate your account, we will send you an email stating that your account is being terminated and why it is being terminated to the email address you have listed in your account profile. However, as explained above, there are several circumstances where you may not receive any notice due to the egregiousness of your actions.Should you voluntarily wish to cancel your account, you understand and agree to provide EatGreenTea.com with notice prior to cancellation. You understand and agree that any such cancellation is not effective until EatGreenTea.com receives such notice.
In the event of cancellation or termination of your account, you understand and agree that any minutes you have will be lost. EatGreenTea.com offers refunds only as specified in our refund policy. You understand and agree that you will be locked out of the Service and your access to it is immediately terminated. You understand and agree that you will lose your profile and other membership information that you have on file at that time and that this information cannot be reclaimed or transferred to another account.
Arbitration of Disputes
If we cannot amicably resolve any legal dispute or damage claim that should arise from your interactions with our Website and/or EatGreenTea.com you agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in Columbus, Ohio, in accordance with the rules of the American Arbitration Association then in effect with one (1) arbitrator to be selected by mutual agreement of both you and EatGreenTea.com. If we cannot agree on an arbitrator, then the American Arbitration Association shall select an arbitrator from the National Panel of Arbitrators. The laws of the State of Ohio shall apply to the arbitration proceedings. You agree that the arbitrator cannot award punitive damages to either of us and agree to be bound by the arbitrator’s findings. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Choice of Law
You agree that the laws of the State of Ohio are to be used with regards to any interactions with our Website and Service as well as with RRMS LLC.
Questions About This Agreement
If you have a question about this User Agreement, please email us.