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TERMS OF USE

LAST UPDATED: OCTOBER 5, 2021

OVERVIEW

This Terms of Use – also referred to as the Terms of Service or Terms and Conditions (collectively, these "Terms") – constitutes a legal agreement between Dream Tea NYC, LCC. doing business as Dream Tea ("Dream Tea", "Dream Tea NYC", "we", "our", or "us") and you that governs your access to, and use of our web site at www.dreamteanyc.com ("Site"); and any related web sites, embeddable widgets, downloadable software, and other services provided by us on which a link to this Terms of Service is provided (collectively, including the Site and our "Service"). These Terms are a legally binding contract between you and Dream Tea regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY ACCESSING OR USING OUR SITE OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE PROSE PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE SERVICES.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

ELIGIBILITY

You must be at least eighteen (18) years of age to use the Service. By agreeing to these Terms, you represent and warrant to us: (i) you are at least eighteen (18) years of age; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

GENERAL TERMS

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience and reference only and will not limit or otherwise affect these Terms.

WE RESERVE THE RIGHT TO REFUSE SERVICE TO ANYONE FOR ANY REASON AT ANY TIME.

ONLINE STORE TERMS

By agreeing to these Terms you represent that you are eligible to use our Service as outlines in the "Eligibility" section of these terms.

You may not use our Products or Service for

- Any illegal or unauthorized purpose(s);

- Violate any laws in your jurisdiction (including but not limited to copyright laws);

- Transmit any digital malware including but not limited to worms, viruses, or any code of a destructive nature;

A BREACH OR VIOLATION OF ANY OF THE TERMS WILL RESULTS IN AN IMMEDIATE AND IRREVERSIBLE TERMINATION OF YOUR SERVICES.

SERVICE DESCRIPTION

As part of the Service, Dream Tea may allow you to provide us information about yourself through a survey for the design and creation of personalized or customized tea blends (collectively "Custom Blends") that you may purchase through the Service (the "Products"). 

PRODUCT DESIGNS & PRODUCT TERMS

As part of the Service, Dream Tea may provide you with designs, renderings, and/or digital representations of your Custom Blends (the "Designs"). The provision of a Design by Dream Tea in no way creates a production guarantee or commitment on behalf of Dream Tea. These Designs are for demonstration only and the actual Products you receive may differ from the Designs for many reasons, including, without limitation, Dream Tea's manufacturing requirements and specifications as well as Product availability. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. If for any reason we are unable to accommodate a Design, we will notify you in writing either by email, text, or physical mail. You have three (3) business days from receipt of such notification to agree to the proposed Design changes or cancel your order for a full refund. If we do not receive a date-stamped email or post-marked letter within three (3) business days, we will assume that you agree to the proposed change to the Design, and your order will no longer be eligible for a refund.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCOUNTS & REGISTRATION

To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, e-mail address, or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us through our Contact Portal.

ACCURACY, COMPLETENESS, & TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

PAYMENT & BILLING TERMS

Certain features of the Service, including, without limitation, the ordering of Products, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable unless otherwise stated in our Refund Policy or these Terms.

- Dream Tea reserves the right to determine pricing for the Service, including the price of the Products. Dream Tea, at its sole discretion, may make promotional offers with different features and different pricing to any of Dream Tea's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

- You authorize Dream Tea or its third party payment processor to charge all sums for the orders of Products that you make and fees for the Service as described in these Terms or published by us, to the payment method you provide us. If you pay any fees with a credit card, Dream Tea or its third party payment processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

- We require you to set up a valid payment method for your account. We reserve the right to charge your selected payment method for any amounts due under the Terms of Service or for any purchase or subscription amounts. If there is a problem with charging your selected payment method, we may charge any other valid payment method associated with your account. You authorize us to charge any payment method associated with your account, including if your selected payment method is declined or no longer available to use for payment. You are responsible for all purchases using the payment method associated with your account. "Payment method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SUBSCRIPTION PAYMENT TERMS

Some of the Services that we offer, such as our Custom Blend Subscription – collectively "Subscription(s)", may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify how regularly you would like to order any auto-replacing products. By choosing a recurring payment plan, you acknowledge and agree that (1) Dream Tea (or our third-party payment processor) is authorized to generate orders on your behalf using the up-to-date Order Information associated with your recurring Subscription(s) and charge you on a recurring basis (e.g., monthly) for as long as your Subscription(s) continue(s) and (2) your Subscription(s) is/are continuous until you cancel or pause it/them or we suspend or stop providing access to the site or products. You may cancel your subscription at any time by contacting us through our Contact Portal. You will be responsible for all charges incurred with respect to any order processed prior to the cancellation of your Subscription(s). All recurring payments are fully earned upon payment.

PROPRIETARY RIGHTS

The Service is owned and operated by Dream Tea. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the "Materials") provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service (including any and all Designs) and all intellectual property rights therein and thereto, are the property of Dream Tea. Except as expressly authorized by us, you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

OPEN-SOURCE SOFTWARE

The Service may include open source software or third party software. Any such software, if applicable, is made available to you under the terms of the applicable licenses.

PERSONAL INFORMATION & PRIVACY

By placing an order on the Site, you consent to receive electronic communications from us (e.g., via email or by posting notices to the Sit). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

By providing your mobile phone number to us through the Site or in connection with your order, receipt or use of our Product(s), you consent to receive calls or text messages at any such phone number sent by or on behalf of Dream Tea, including autodialed calls and/or text messages, for marketing, promotional, operational or transactional purposes, such as updates on the delivery status of your order of our Product. You may opt out of marketing and promotional calls or messages by following the applicable unsubscribe instructions provided to you. 

In order for us to provide the Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

Please read our Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

USER GENERATED CONTENT & REVIEWS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments; (4) credit or reference you for any comments; or (5) use any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

From time to time, Dream Tea may allow you to submit reviews, comments, photos, or similar materials to the Site (collectively, “Reviews”). We welcome your comments regarding our Products and services, including our Site. However, any Reviews you submit to us must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

By submitting a Review to the Site, you hereby grant Dream Tea an unrestricted, assignable, sublicensable, perpetual royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively, “Use”) all Reviews you submit to the Site, for any purpose, including promoting and marketing Dream Tea and the Products. You further grant Dream Tea a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you submit to the Site. By submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature, in addition to any moral rights you may have in your Review. Except for materials provided to you by us through the Site, you represent, warrant, and covenant that (1) you either are the sole and exclusive owner of Reviews that you submit to the Site, or you have all rights, licenses, consents, and releases that are necessary to grant to Prose the rights in your Reviews as contemplated under the Terms, and (2) the Reviews you submit to the Site do not (a) infringe, misappropriate or violate the rights of any party or entity, including a third-party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (b) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (c) require Dream Tea to obtain any licenses from or make any payments in any amounts to any third-party throughout the world.

You agree not to submit Reviews that: (1) are or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as determined by Dream Tea in its sole discretion; or (2) introduce viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Dream Tea reserves the right to select, in its sole discretion, and without notice, Reviews for inclusion among those featured on the Site (collectively, “Featured Reviews”). Dream Tea has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Review and remove, delete, redact or otherwise modify such Reviews from the Featured Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Dream Tea has no obligation to display or post any Reviews, and if a Review has been displayed or included as a Featured Review, Dream Tea has no obligation to maintain, monitor, or continue to display any Review. Dream Tea, subject to our Privacy Policy, reserves the right to disclose, at any time and from time to time, any information or posted content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request.

Please read our Review Policy carefully for more information relating to reviews you may submit on the Site. The Review Policy is hereby incorporated by reference into, and made a part of, these Terms.

PROHIBITED USES

BY USING THE SERVICE YOU AGREE NOT TO, NOR PERMIT ANYONE ELSE TO, INDIRECTLY OR DIRECTLY:

- Perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, falsifying your age or date of birth, forging headers or otherwise manipulating identifiers in order to disguise the origin of any communication transmitted through the Service, or posting content in fields that are not intended for that content;

- Use the Service (including the submission, transmission, modification, addition, or deletion of any content available through the Service) for any illegal or improper purpose, or in violation of any local, state, national, or international law, or for any purpose other than your personal, non-commercial purposes;

- Violate, or encourage others to violate, the rights of Dream Tea or third parties, including by infringing or misappropriating any Dream Tea third party intellectual property or other proprietary rights;

- Remove any copyright, trademark or other proprietary rights notices contained on the Service;

- Post, upload, or distribute any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships;

- Interfere with security-related features of the Service, including, without limitation, by: (1) sharing use of your password or use any passcode or password, regardless of whether or not such passcode or password is unique; (2) participating in the Service if you are not the original recipient of a passcode or password; (3) disabling or circumventing features that prevent or limit use or copying of any content; or (4) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law;

- Interfere with the operation of the Service or any user's enjoyment of the Service, including without limitation by: (1) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (2) sending unsolicited or unauthorized offers, advertisements, or other forms of solicitation to other users of the Service; (3) attempting to collect personal information about users or third parties without their consent; or (4) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; or

- attempt to do any of the foregoing in this Section "Prohibited Uses", or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section "Prohibited Uses".

THE FOREGOING ACTIONS SHALL CONSTITUTE A MATERIAL BREACH OF THESE TERMS.

MODIFICATIONS TO THE SERVICE & PRICING

Pricing is subject to change at our sole discretion.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

MODIFICATIONS TO THESE TERMS

We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Generally, modifications to the Terms are effective upon publication, provided that if the changed Terms materially modify your rights or obligations, the changes are effective upon the earlier of (1) your using the Service with actual knowledge of the change, or (2) your acceptance of the modified Terms, and further provided that disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose. If you do not accept the changed Terms, you may not continue to access and use the Service.

TERM, SEVERABILITY, & TERMINATION OF THESE TERMS

As between you and Dream Tea, the term of these Terms commences as of your first use of the Service and continues until the termination of these Terms by either you or Dream Tea.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

If you violate any provision of these Terms, your permission to use the Service will terminate automatically. You may terminate these Terms by sending written notification to Dream Tea via our Contact Portal and terminating all other uses of the Service. Dream Tea reserves the right, in its sole discretion, to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or violate the rights of any third party on or through the Service. Dream Tea may further terminate these Terms for any other reason upon 7 days' notice to you using the email address associated with your account credentials or immediately in the event that your email address is no longer current.

Upon termination of these Terms: (1) your license rights will terminate and you must immediately cease all use of the Service; (2) you will no longer have access to your account; and (3) any provision that by its nature or express terms should survive will survive such termination or expiration.

Dream Tea reserves the right to change, suspend, or discontinue all or any part of the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without prior notice. We will have no liability whatsoever because of any change to the Service or any suspension or termination of your access to or use of the Service.

INDEMNIFICATION

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Dream Tea or any of its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Dream Tea Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (1) your access to, use or misuse of, or alleged use or misuse of the Service; (2) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (3) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (4) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

DISCLAIMER

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE DREAM TEA ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO: (1) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (2) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE PROSE ENTITIES DO NOT WARRANT THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE WILL BE ACCURATE, UP TO DATE, UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. NOTWITHSTANDING THE FOREGOING DREAM TEA DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT DREAM TEA IS PROHIBITED FROM DISCLAIMING UNDER THE APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DREAM TEA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING UNDER OR RELATING TO THE SERVICE OR THESE TERMS (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, PROFITS, GOODWILL, USE, DATA, OR OTHER ECONOMIC ADVANTAGE), IN EACH CASE WHETHER BASED ON STATUTE, WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DREAM TEA ENTITIES ARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DREAM TEA ENTITIES BE LIABLE FOR ANY DIRECT DAMAGES ARISING UNDER OR RELATING TO THE SERVICE OR THESE TERMS EXCEEDING ONE HUNDRED UNITED STATES DOLLARS ($100 USD).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

GOVERNING LAW & ARBITRATION CLAUSE

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH DREAM TEA AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL.

These Terms shall be governed and interpreted in accordance with the laws of the State of New York, U.S.A. without reference to conflicts of laws principles and excluding the United Nations Convention on Contracts for the Sale of Goods. .

YOU AND DREAM TEA AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS SHALL BE FINAL AND BINDING ARBITRATION, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The foregoing shall not prevent Dream Tea from seeking injunctive relief in a court of competent jurisdiction. Judgment on the award may be entered in any court of competent jurisdiction.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.

ENTIRE AGREEMENT

Except as expressly agreed by us and you, this Agreement constitutes the entire agreement between us and you with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between us and you with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. If you wish to submit an electronic notice, please do so by contacting us through our Contact Portal.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

COMPLIANCE WITH APPLICABLE LAWS

You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national and international laws and regulations.

The United States controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us through our Contact Portal.

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