TEA-RRIFIC! ICE CREAM, LLC TERM OF USE

The effective date of this Agreement is March 6, 2015

PLEASE READ THESE TERMS OF USE CAREFULLY before using the website (“Site”) of TEA-RRIFIC! ICE CREAM, LLC (“TEA-RRIFIC!” or “we”). By accessing or using any features of the Site, you agree to be bound by these Terms of Use and by our Privacy and Security Policy. All visitors to and users of any aspect of our Site (“User” or “you”) are legally bound by these Terms of Use and by our Privacy and Security Policy. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these Terms of Use carefully each time you use this Site. If you are not willing to be bound by these Terms of Use, you may not access or use this Site. We recommend that you print out a copy of these Terms of Use for your records.

 

Eligibility

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

You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use,

 

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

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Site, except and to the extent expressly permitted under these Terms of 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.

 

Copyrights

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:

  1. A description of the copyrighted work that you claim has been infringed;
  2. 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;
  3. Your mailing address, telephone number and email address;
  4. 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;
  5. 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
  6. 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: info@tearrificicecream.com

 

Privacy

Use of the Site is also governed by our Privacy and Security Policy which we encourage you to review.

 

Ownership

As between you and us, the Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof, all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

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.

Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

 

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).

Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you. Further, nothing in these Terms of Use will exclude or limit TEA-RRIFIC!’s liability for direct damages of death or personal injury caused by our negligence.

 

Indemnity

You agree to indemnify and hold TEA-RRIFIC! and its respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Site, (ii) your use of the Site (including any uses under your account or user name, whether or not authorized by you), (iii) your violation of these Terms of Use, or (iv) the infringement or other violation by you of any intellectual property or other right of any person or entity.

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.

 

Changes to Terms of Use

We reserve the right to make changes at any time to these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Use.

 

Disputes

Any dispute relative to the Site or use or inability to use the Site will be governed by the laws of the State of Connecticut, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the Site shall be submitted to confidential arbitration in Bridgeport, Connecticut, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Connecticut, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provision of these Terms of Use and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, or otherwise, and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis..

 

Applicable Law

By visiting the Site, you agree that the laws of the State of Connecticut, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TEA-RRIFIC!.

 

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind TEA-RRIFIC! in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site. These Terms of Use, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and us regarding use of the Site. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub licensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy and Security Policy for the Site and any notices regarding the Site.

 

Copyright Notice

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

Please contact us with any questions regarding these Terms of Use. You may send notices to and report any violations of the Terms of Use by email to: tearrificicecream@gmail.com or by regular mail to: TEA-RRIFIC! ICE CREAM, LLC, 480 Barnum Avenue, 3rd Floor, Bridgeport, CT 06608 – ATTN: Customer Service.

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