TEA-RRIFIC! ICE CREAM, LLC TERM OF USE
The effective date of this Agreement is March 6, 2015
The Site is not to be used by anyone under the age of 13. Elsewhere on the Site, for example if ordering products, you will need to represent and warrant that you are 18 years of age or older.
Changes to the Site
Users and Accounts
When you visit the Site and then proceed through the checkout process, you may need to create and register an account. You agree to provide honest, accurate, current and complete information regarding yourself, and to keep your account password private and share it with others. You agree to notify us if you discover or suspect that your account has been hacked or its security breached. You also agree to take responsibility for all activities on or under any account registered to you and you accept all risk for unauthorized use of your account.
Restrictions on Rights to Use
- remove any copyright, trademark or other proprietary rights notice contained in or on the Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site;
- reformat or frame any portion of any Web pages that are part of the Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- transmit or upload to the Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, any other Web site, or any computer or other device or system, or the enjoyment of the Site by any User;
- use the Site to violate the security of or gain unauthorized access to any user account, or any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene;
- take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site or the IT infrastructure used to operate and make the Site available;
- use the Site, intentionally or unintentionally, to violate any applicable local, state, federal or international law.
We reserve the right, in our sole discretion, to change or discontinue any or all of the services on the Site at any time without notice, to terminate your access and use of the Site, and to delete your account and any related information.
Product Sales and Availability
All products and offers available through the Site will be delivered only within the United States, including Washington, D.C. but excluding Puerto Rico and U.S. territories, possessions, and military installations. TEA-RRIFIC! reserves the right without prior notice to discontinue or change pricing and other specifications on products offered through the Site.
If you believe any aspect of the Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17
U.S.C. §512) by providing the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site. The easiest way to do this is by providing web addresses (URLs) leading directly to the allegedly infringing content;
- Your mailing address, telephone number and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright at issue or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.
Our designated copyright agent for notice of claims of copyright infringement on the Site may be reached at the following address:
Copyright Agent: Mario Leite, 480 Barnum Avenue, 3rd Floor, Bridgeport, CT 06608
Or by email: firstname.lastname@example.org
Use of the Site is also governed by our Privacy and Security Policy which we encourage you to review.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Site are the proprietary property of TEA-RRIFIC! or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Site without the express written permission of the trademark owner.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION, PRODUCTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Some states or other jurisdictions do not allow the disclaimer or exclusion of implied warranties, so the above exclusions or disclaimers may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Risk of Use
You understand and agree, by your access to and use of the Site, that if you download and/or otherwise obtain material or data through the use of this Site, you do so at your own discretion and risk. You further understand that you will be solely responsible for any damage or injury to your computer system (including but not limited to any networks, hardware or software), or the loss of data which may result from the download of such material or data. You further understand that we have no obligation to scan or otherwise protect you or any other User from any risk of viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar programs, software or code which may have the effect of damaging or impairing the computer, software, network or systems of you or any other person.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL TEA-RRIFIC! BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF, OR RELIANCE UPON, THIS SITE, THE CONTENTS OF THIS SITE, THE DATA ON THIS SITE, THE SUBJECT MATTER OF THIS SITE, OR PRODUCTS PURCHASED FROM THIS SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT ANY RECOVERY OF ANY DAMAGES, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, STATUTORY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THIS SITE OR ITS CONTENTS, FROM INABILITY TO USE OR ACCESS THIS SITE, FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THIS SITE OR ANY PORTION OF THIS SITE (INCLUDING ALL SUCH DAMAGES INCURRED BY THIRD PARTIES), OR FOR ANY OTHER REASON. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS SITE OR ITS CONTENTS OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THIS SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW
IN NO EVENT WILL TEA-RRIFIC!’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OF $100, WHICHEVER IS LESS. . You agree to bring any and all actions within one (1) year from the date of accrual of the cause of action, and that actions brought after such date will be barred.
Without limiting the foregoing, under no circumstances shall TEA-RRIFIC!, or its officers, directors, employees, servants or members, be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
IN NO EVENT SHALL TEA-RRIFIC!, OR ITS OFFICERS, AGENTS, SERVANTS, DIRECTORS, EMPLOYEES, OR MEMBERS, BE LIABLE FOR LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Third Party Advertisements and Links to and from Third Party Sites
We may display on the Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to and from third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. You are strongly encouraged to review the Privacy Policies and other Legal Agreements of each and every website you visit.
This Site and all content within the Site are Copyright © 2012 TEA-RRIFIC! ICE CREAM, LLC. All rights reserved.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Site is TEA-RRIC! ICE CREAM, LLC, 480 Barnum Avenue, 3rd Floor, Bridgeport, CT 06608. To file a complaint regarding the Site or to receive further information regarding use of the Site, send a letter to the above address or contact TEA-RRIFIC! via e-mail (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
Contact and Violations