Agreement between user and www.LIHTeaCompany.com
Welcome to www.LIHTeaCompany.com. The www.LIHTeaCompany.com website (the “Site”) is comprised of various web pages operated by LIH Tea Company www.LIHTeaCompany.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.LIHTeaCompany.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.LIHTeaCompany.com is an E-commerce Site
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Privacy
Your use of www.LIHTeaCompany.com is subject to LIH Tea Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.LIHTeaCompany.com or sending emails to LIH Tea Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LIH Tea Company is not responsible for third-party access to your account that results from theft or misappropriation of your account. LIH Tea Company and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
LIH Tea Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.LIHTeaCompany.com only with the permission of a parent or guardian.
Return Merchandise/Refund Policy
If you are unsatisfied with your purchase for any reason, use our contact form and include the name that the order was placed under the order number, and the email address used to place the order and we will get back with you to discuss a resolution. All return requests are handled on a case-by-case basis. All returns will require an RMA number, which will be provided by LIH Tea Company after the decision is made to accept the return.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.LIHTeaCompany.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to LIH Tea Company that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of LIH Tea Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LIH Tea Company content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of LIH Tea Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LIH Tea Company or our licensors except as expressly authorized by these Terms.
International Users
The Service is controlled, operated, and administered by LIH Tea Company from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the LIH Tea Company Content accessed through www.LIHTeaCompany.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless LIH Tea Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. LIH Tea Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LIH Tea Company in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. LIH Tea Company AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
LIH Tea Company AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. LIH Tea Company AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIH Tea Company AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIH Tea Company OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE SOME PRODUCTS SOLD ON LIHTeaCompany.com ARE NOT INTENDED FOR HUMAN CONSUMPTION AND SHALL NOT BE USED FOR ANY RELATED PURPOSE.
Termination/access restriction
LIH Tea Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and LIH Tea Company as a result of this agreement or use of the Site. LIH Tea Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of LIH Tea Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by LIH Tea Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and LIH Tea Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and LIH Tea Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
LIH Tea Company reserves the right, in its sole discretion, to change the Terms under which www.LIHTeaCompany.com is offered. The most current version of the Terms will supersede all previous versions. LIH Tea Company encourages you to periodically review the Terms to stay informed of our updates.
FDA disclaimer
This product is NOT used to treat, cure. or mitigate any disease, illness, ailment, and/or condition. Please see the FDA alert 54-15. We make no representations as to intended use or suitability for use. This product contains chemicals known to the state of California to cause cancer, birth defects, or other reproductive harm. Specifically, nickel, arsenic, and lead. For more information, please visit p65warnings.ca.gov
Shipping Notice
“Our products are not for use by or sell to persons under the age of 21. We do not ship to the following areas where kratom is banned: ALABAMA, ARKANSAS, INDIANA, RHODE ISLAND, TENNESSEE, VERMONT, WISCONSIN. SARASOTA COUNTY, UNION COUNTY, MALHEUR COUNTY, DENVER CO, SAN DIEGO CA, CITY OF OCEANSIDE CA, JERSEYVILLE IL, ALTON IL, AND COLUMBUS MS. Furthermore, Kratom is also banned in following countries where shipment is not permitted: AUSTRALIA, BURMA, DENMARK, FINLAND, ISRAEL, LITHUANIA, MALAYSIA, MYANMAR, POLAND, ROMANIA, SOUTH KOREA, SWEDEN, THAILAND, UNITED KINGDOM, and VIETNAM”
Contact Us
LIH Tea Company welcomes your questions or comments regarding the Terms:
LIH Tea Company
3 Germay Drive Suite 4 1096
Wilmington DE 19808-5124
Email Address:
customerservice@lihteacompany.com
