This Web Site, NepaliTeaTraders.com ("Site"), is hosted by Nepali Tea Traders, LLC (the "Company" or “us,” “we,” “our” and the like).
This Agreement contains disclaimers and other provisions that limit our liability. If you do not agree to these terms and conditions, do not access, browse, shop on or otherwise use this Site.
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post the revised, updated Agreement here. Your continued use of the Site following any such modification constitutes your agreement to the terms of the revised, updated Agreement.
Orders: We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to our interests or those of our constituents.
Trademarks: Nepali Tea Traders and our logo are registered trademarks of Nepali Tea Traders, LLC in the United States. Unless otherwise specified, all brand names, logos and other marks used on our Site (i) represent the intellectual property of the Company, (ii) may not be used in any manner without our express written consent, and (iii) are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use, except as specifically permitted herein, or misuse of any of this intellectual property is expressly prohibited, and nothing stated or implied on this Site confers upon you any license or right under any patent or trademark of the Company or any third party. All rights reserved.
All rights in the product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, trade dress and designs of all products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners.
Copyright : All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by the Company or its third-party licensors to the fullest extent provided under the United States Copyright Act and all applicable international copyright laws. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes, without our prior express written consent. Nothing stated or implied on the Site confers upon you any license or right under any copyright of the Company or any third party.
The Site and the information contained therein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Site, or use the contents of this Site in litigation, or for any commercial or promotional purposes, without our prior express written consent.
License for Site Access: The Company hereby grants you a limited, non-exclusive, royalty-free license to access and make personal use of this Site, which license does not include any right to download (other than page caching) or modify the Site, or any portion of, or contents within it, except with our prior express written consent. Likewise, this license does not include any right to resell any of our products or to otherwise commercially exploit (i) this Site or its contents; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of this Site or its contents; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) data mining, robots, spiders or similar data gathering and extraction tools.
Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company or of our partners, without our prior express written consent. You may not use meta tags or any other hidden text using the Company’s name, its product names, or trademarks without our prior express written consent. Any unauthorized use or attempt terminates the foregoing license granted to you.
You may not make any part of this Site available as part of another service by “deep linking” or otherwise, or create any links to this Site, and, in particular, you may not use Nepali Tea Traders name or logo or any other proprietary graphic or trademark as part of any “hot” link or hyperlink to this Site, in each case, without our prior express written consent.
Third Party and Co-Branded Web Sites: This Site may contain hyperlinks ("links") to web sites operated by persons or entities other than the Company ("third-party Web Sites") or to co-branded web sites operated by a third party ("co-branded Web Sites"). We provide such links for your reference and convenience only. A link from the Site to a third-party or co-branded Web Site does not imply or mean that we endorse the content on that third-party or co-branded Web Site or the operator or operations of that Web Site. You are solely responsible for determining the extent to which you choose to access any content at any third party or co-branded Web Sites to which you might link from our Site. THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEB SITE OR CO-BRANDED WEB SITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION, OTHER THAN WITH THE COMPANY DIRECTLY.
Customer Content and Submissions: We reserve the right (but not the obligation) to remove or edit any customer content, but we do not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant the Company a non-exclusive, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content. You also grant us the right to use the name, as well as any related likeness, image and/or biographical information, that you submit in connection with such content. We take no responsibility and assume no liability for any content posted by you or any third party. You also release us from any liability with respect thereto.
Your Responsibilities: You agree to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in this Agreement or in any written or on-screen notice from the Company. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with an order, purchase or other monetary transaction interaction with this Site or any co-branded Web Site will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with an order, purchase or other monetary transaction interaction with this Site or any co-branded Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such orders, purchases or other monetary transaction interactions.
By accessing, browsing, shopping or otherwise using this Site, you agree not to violate or attempt to violate the security of the Site, including, without limitation, actions such as:
In addition, you agree you are and shall remain solely responsible for the contents of any submissions you make on the Site, and you agree that you will not submit any material that:
Indemnification: You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers, from and against any claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees, resulting from your breach of this Agreement or your unauthorized or unlawful use of this Site.
Risk of Loss: All products ordered from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, the Company. Title to those products purchased on the Site, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier.
Product Information: We attempt to be as accurate as possible in describing our products, recognizing that many of our products vary by personal, subjective taste. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the appearance of our products on the Site. As the actual colors and other characteristics you see depend on your computer monitor, however, we cannot guarantee that your monitor's display of any such characteristic will be accurate. If a product ordered from the Site is not as described when received, your sole remedy is to return it in unused condition. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars, although we cannot confirm the price until your order is complete.
DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY : THIS SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WITH RESPECT TO ITS PRODUCTS, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL THE COMPANY, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO THE COMPANY THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes : This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Colorado. You hereby consent to the exclusive personal and subject matter jurisdiction of the courts of the State of Colorado over any claim against the Company, and acknowledge that venue is proper in any state or Federal court in the State of Colorado. Under no circumstances will this Agreement be governed by the United Nations Convention on Contracts for the International Sale of Goods.
Miscellaneous Legal Provisions : We may discontinue the Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the Site at any time for any reason, without notice. We may discontinue or restrict your use of the Site at any time for any reason, without notice.
Nothing contained in this Agreement is in derogation of the Company's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by the Company with respect to such use.
The failure of the Company to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
This Agreement is the entire and final Agreement regarding our Site and its content, and supersedes any prior or contemporaneous communications between the Company and you regarding our Site and its contents. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
All rights not expressly granted herein are hereby reserved.
This Agreement was last updated on November 1, 2014.