Introduction
Please read the following TERMS AND CONDITIONS OF USE AND DISCLAIMER carefully before using this Internet site (“Site”).
By using this Site, you agree and accept the TERMS AND CONDITIONS OF USE, as described below. If you do not agree to these TERMS AND CONDITIONS OF USE, you may not access or otherwise use this Site.
This Site Does Not Provide Any Medical Advice
All content provided on through this Site, including information, products, services and other materials, is provided for informational purposes only. This includes without limitation any information, products, services and other materials provided on and through any Internet site to which this Site links (“Linked Site”).
The information provided on this Site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Site.
You should always speak with your physician or other healthcare professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program, or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your physician or other healthcare professional regarding any interactions between any medication you are currently taking and nutritional supplements.
You should carefully read all product packaging and instructions for any products or services purchased from this Site. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease.
Okinawa Tea Company is not responsible for any product or service sold on or through this Site or any claims of quality or performance made on or through this Site, including any claims of quality or performance made on or through any Linked Site.
Linked Sites
You are advised that other sites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Okinawa Tea Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site.
Okinawa Tea Company has no control over these Linked Sites, all of which have separate privacy and data collection practices, independent of Okinawa Tea Company. These Linked Sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Okinawa Tea Company seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for Linked Sites as well (including if a specific link does not work).
Copyright
All Site design, text, graphics, interfaces, code, sound, software and other content, and the selection and arrangement thereof, are the property of Okinawa Tea Company, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners.
Permission is granted to electronically copy and to print those hard copy portions of this Site that are expressly labeled as printable content. Permission is also granted to electronically copy and to print hard copy portions of this Site for the limited purpose of placing an order with Okinawa Tea Company or using this Site as a shopping vehicle. Any other use of materials on this Site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Okinawa Tea Company, is strictly prohibited.
Trademarks
Okinawa Tea Company, and all logos, page headers, custom graphics, icons and trade names are service marks and/or trademarks of Okinawa Tea Company. All other trademarks, service marks, product names and company names or logos that appear on this Site are the property of their respective owners.
Disclaimer of Warranties
Okinawa Tea Company is providing this Site and its contents on an "as is" basis. Okinawa Tea Company and its officers, directors, employees, agents, licensors, suppliers, content providers and the like (together, “affiliates”) make no representations or warranties of any kind, express or implied, with respect to this Site or its contents, including without limitation the products, information or services offered or sold on or through this Site or any Linked Site and the uninterrupted and error-free use of this Site. Okinawa Tea Company and its affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Okinawa Tea Company and its affiliates do not warrant that the Site or files available on the Site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Okinawa Tea Company or its affiliates will create any warranty not expressly set forth herein. Your use of this Site and any Linked Site is at your sole risk.
Order Acceptance
There may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Some situations that may result in your order being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or credit or fraud problems are identified. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Prices and availability are subject to change without notice.
If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Okinawa Tea Company strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.
Pricing or Typographical Errors
In the event that an Okinawa Tea Company product is mistakenly listed at an incorrect price, Okinawa Tea Company shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. If your credit card has already been charged for the purchase and your order is cancelled, Okinawa Tea Company shall issue a credit to your credit card account in the amount of the incorrect price.
Limitation of Liability
OKINAWA TEA COMPANY AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OKINAWA TEA COMPANY AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Okinawa Tea Company and its affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Okinawa Tea Company on this Site.
Indemnification
You agree to indemnify, defend and hold harmless Okinawa Tea Company and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Site, your violation of these TERMS AND CONDITIONS OF USE, your infringement or violation of any rights of another, or termination of your access to this Site.
Acceptable Site Usage and Termination of Usage
You agree to use this Site only for lawful, legitimate, informational and shopping purposes. Any other use, including the duplication, reproduction, distribution, modification, republication, transmission and display of the content on this site is strictly prohibited. No portion of this site may be exploited for any commercial purpose that is not expressly permitted by Okinawa Tea Company. It is also prohibited to harm this site in any way, or otherwise use it in an improper manner. Improper use of the site includes but is not limited to hacking into the site's systems, spoofing or faking e-mail headers or slowing or stopping the functionality of the site.
You are responsible for your use of and communications on the Site and agree not to interfere with any other user’s use and enjoyment of the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
You agree that Okinawa Tea Company may terminate or suspend your access to all or part of this Site, without notice, for any conduct that Okinawa Tea Company, in its sole discretion, believes is in violation of these TERMS AND CONDITIONS OF USE or any applicable law or is harmful to the interests of another user, Okinawa Tea Company or its affiliates.
User Participation Disclaimer
Okinawa Tea Company does not and cannot review all materials and communications posted to or created by users accessing the Site, and is not in any manner responsible for the content of these materials and communications. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Okinawa Tea Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Okinawa Tea Company reserves the right to block or remove materials or communications that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Okinawa Tea Company in its sole discretion.
Notice
Okinawa Tea Company may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to Okinawa Tea Company.
Applicable Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law rules. Each Site user agrees to submit to personal jurisdiction in the State of California and further agrees that any cause of action arising from or relating to the use of this Site or these TERMS AND CONDITIONS OF USE shall be brought exclusively in Federal or State Courts for Los Angeles County, California.
Severability and Interpretation
If any provision of these TERMS AND CONDITIONS OF USE is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in these TERMS AND CONDITIONS OF USE, the terms "including" or "includes" shall be deemed to be followed by the words "without limitation."
Term; Termination
These TERMS AND CONDITIONS OF USE are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These TERMS AND CONDITIONS OF USE, or any part of them, may be terminated by Okinawa Tea Company without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Changes to Terms and Conditions of Use
Okinawa Tea Company reserves the right, at its sole discretion, to change, modify or otherwise alter these TERMS AND CONDITIONS OF USE at any time. Such changes, modifications or alterations shall become effective immediately upon being posted in these pages. Please review the TERMS AND CONDITIONS OF USE periodically. If you continue to use this Site following the posting of changes, modifications or alterations, it will constitute your acceptance of the revised TERMS AND CONDITIONS OF USE. This page was last updated on April 16, 2013.
Miscellaneous
The failure of Okinawa Tea Company or its affiliates to insist upon strict adherence to any TERM AND CONDITION OF USE shall not constitute a waiver of such term or condition and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of these TERMS AND CONDITIONS OF USE. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or relating to use of this Site or its TERMS AND CONDITIONS OF USE must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer of Warranties” and “Limitation of Liability” provisions of these TERMS AND CONDITIONS OF USE are for the benefit of Okinawa Tea Company and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.