Scroll Top
0
Cart
  • No products in the cart.

Thank you for choosing to support Brouhaha Tea Co and visiting our site! We value and appreciate you as a customer.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

 

This website is owned and operated by Brouhaha Tea Company (Brouhaha Tea Co.). Throughout the site, the terms “we”, “us” and “our” refer to Brouhaha Tea Company. Brouhaha Tea Co. offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.

The following is a binding agreement. Our Terms represent a binding contract. Please make sure to carefully review them before using the Services provided by Brouhaha Tea Co. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

 Your access to our Services is governed by these Terms. By using the Internet site located at www.brouhahashop.com, (the “Site”, “Sites”, “Website”, or “Websites”) or any of our other Services, you agree to abide by these Terms of Use, as they may be amended by us from time to time in our sole discretion and any posted guidelines or rules applicable to the Services (unless you propose different terms in writing, which are accepted in writing by Brouhaha Tea Co). If you are a lawyer, financial advisor, or any other party accessing the Services on behalf of a client, customer, or other entity, you agree you have the authority to agree to these Terms on the behalf of that client, customer, or other entity.

In addition, when you use any current or future version of this Site or any other Service, you also will be subject to the terms and conditions of this Agreement, as well as any additional terms of that Service. For instance, if you decide to enroll in our  Make a Stir program or events and subscribe or enroll in our monthly GOSSIP Subscription box, (the “Program”), the Make a Stir Terms and conditions, and GOSSIP terms and conditions govern the Program and apply in addition to these Terms of Use.

While we may notify you of changes to these Terms of Use, it is your responsibility to read any notices we send, and to review these Terms of Use periodically, as written here. Any new features or tools which are added to the current website 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.

 

Our store is hosted on the WooCommerce platform. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 – ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of Services to you.

 

SECTION 2 – GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

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 only and will not limit or otherwise affect these Terms.

SECTION 3 – PROPRIETARY RIGHTS

 

All content displayed or part of our website including but not limited to text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other materials, are owned or licensed property of Brouhaha Tea Co. or its licensors, and are protected by copyright, trademark, patent, trade secret, or other proprietary rights.

All original content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions.

Brouhaha Tea Co., Brouhaha Tea Company, Make a Stir, and related marks, design marks, product names, feature names, and related logos are trademarks of Brouhaha Tea Co. and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Brouhaha Tea Co. Brouhaha Tea Co.’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause consumer confusion, or in any manner that disparages Brouhaha Tea Co. or suggests a sponsorship, affiliation, or endorsement by Brouhaha Tea Co. All other trademarks, service marks, logos, slogans, domain names, and trade names displayed on our website are the intellectual property of their respective owner(s) and are used by Brouhaha Tea Co. with permission.

SECTION 4 – ACCURACY, COMPLETENESS AND 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.

 

SECTION 5 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

 

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.

 

SECTION 6 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

 

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.

 

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 any time 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.

 

SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

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 unauthorized dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store or at events. 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.

For more information, please review our Return Policy.

 

SECTION 8 – 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 of Service.

 

SECTION 9 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

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; or (3) to respond to 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 do 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 do 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.

 

SECTION 11 – NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

Brouhaha Tea Co. respects the intellectual property rights of others. Brouhaha Tea Co.’s policy is to respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act (“DMCA”). Content on this website that is allegedly copyright-infringing can be identified and removed using the process outlined below, and all users agree to comply with this process.

If you have a good faith belief that your work has been copied in any way that constitutes copyright infringement, you must file a DMCA notice with Brouhaha Tea Co.’s Copyright Manager. A DMCA notice must be in the form of a written letter, and contain the following information:

  1. A description of the copyrighted work that you claim has been infringed.
  2. A description of the content that you claim infringes your copyright.
  3. Information for Brouhaha Tea Co. to contact you directly including name, street address, daytime telephone number, and email address;
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. A statement that you declare under penalty of perjury that the information in the notice is accurate and that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. A physical or electronic signature.

DMCA notices must be sent by email to Brouhaha Tea Co. When Brouhaha Tea Co. receives a notice consistent with the above procedure, it will respond consistent with the DMCA. Brouhaha Tea Co. reserves the right to ignore a notice that is not in compliance with the DMCA, and may, without waiving any of its rights or defenses, respond to a non-compliant notice.

 

SECTION 12 – PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy.

 

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 14 – PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Brouhaha Tea Co., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 16 – INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Brouhaha Tea Co. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 17 – SEVERABILITY

 

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.

 

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 19 – ENTIRE AGREEMENT

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.

 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

 

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

 

SECTION 20 – GOVERNING LAW AND JURISDICTION

 

These Terms of Service are subject to and shall be construed and enforced in accordance with the laws of the State of Florida without regard to Florida’s choice of law principles. Any disputes arising under these Terms of Service shall be brought in the Courts of the State of Florida or the U.S. District Court for the District of Florida (“the Courts”). You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction of the Courts.

 

SECTION 21 – CHANGES TO TERMS OF SERVICES

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 22 – CONTACT INFORMATION

 

Questions about the Terms of Service should be sent to us at [email protected]

3. Registering an Account and Account Responsibilities

  1. Accounts. We provide resources and include assets that are freely available to the public as well as those that require you to sign up for Services by registering for an account (“Account”). When you are required to open an account to use or access a Site or Service, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide information including an email address, full name, and password. You are responsible for keeping the email address and other information associated with your Account accurate and up to date.
  2. Improper Use of Accounts. You agree not to (1) intentionally impersonate another person by using their name and/or email address, or (2) use a name and/or email address for which you do not have the proper authorization. If you create an account on behalf of another person, you must first have proper authorization from that person. You also agree to comply with the Permissible Use Policies set forth in Section 7 of this Agreement. You’re responsible for all activity and Content on your account, regardless of whether you create it or you authorize somebody else to.
  3. Securing Passwords. You are entirely responsible for maintaining the confidentiality of your password.  Never publish, distribute, or post your Account login information.  You are responsible for any activity that occurs on your Account.
  4. Multiple Accounts, Terminated or Suspended Accounts. If you previously had an account with us or currently have an Account with us, you confirm that your old account was not terminated or suspended by us because you violated any of our terms or policies. While some Services may share Accounts, you may need a new account for a new Service.  For instance, our Republic of Tea Site require separate Accounts.
  5. Decisions Regarding Account Use. You are responsible for any decision to use the Services, either by yourself or with another Citizen, so long as you share ownership of or have authorization to use the data contained in your Account.
  6. Other People’s Accounts. You may not use another person’s Account or registration information for the Services without permission from the owner of that Account.
  7. Notifying Brouhaha Tea Co of Security Breach. You agree to notify us immediately on any unauthorized use of your Account, username, or password, other security breach, or change in your eligibility to use the Services. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Brouhaha Tea Co, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your Account or password.
  8. Deleting Your Account. You may delete your Account by contacting us. Upon request, we will delete your Account from appearing on the Website. However, some or all of the information related to the Account may still exist. Some of these Terms of Use will still apply after deleting your Account and/or canceling your relationship with Brouhaha Tea Co. For more information see Section 25.

4. Changes to Your Information

  1. Agreement to Update Contact Information. You agree to keep your profile information up to date, including but not limited to, your name, email address, and billing information. We are not responsible for any Services issues arising from your failure to keep your account information current, such as payment processing errors or fees.
  2. 

Updating Your Account Details. You may change your account details using your Account with each Site. You are responsible for making changes to ensure any information provided to Brouhaha Tea Co is up to date and accurate.

5. Your Information.

Brouhaha Tea Co respects your privacy and your personal information. You may review our Privacy Policy, which is incorporated herein by reference. By using the Services, you agree you have read and understand our Privacy Policy.

6. The Proprietary Rights of Brouhaha Tea Co and Citizen Content

  1. Proprietary Content. Our Content is either the property of Brouhaha Tea Co or our suppliers or licensors. We also maintain ownership of any and all anonymized data relating to any use of the Services and can use it for any purpose. The Content is protected by copyrights, patents, trademarks, service marks, trade secrets, and/or other rights and laws. You agree to maintain all copyright notices, information, and restrictions contained in any Content that you access through the Services.
  2. Trademarks. Some of Our Content consists of trademarks or registered trademarks of Brouhaha Tea Co in the United States and other countries, and all rights are 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 Brouhaha Tea Co or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Brouhaha Tea Co or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and other applicable laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on this Site confers on you any license or right under any patent or trademark of Brouhaha Tea Co or any third party. This Content includes, but is not limited to, all trademarks, designs, and logos used on our Site.
  3. Copyright. All copyright rights in Our Content, including but not limited to 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 Brouhaha Tea Co or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of Content on the Site for any purposes not expressly allowed in these Terms. Nothing stated or implied on the Site confers on you any license or right under any copyright of Brouhaha Tea Co or any third party. The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein or by applicable law, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the Content on this Site, or use the Content on this Site in litigation, or for any commercial or promotional purposes, without the express written consent of Brouhaha Tea Co or its lawful successors and assigns. For usage permission, contact us.
  4. Citizen Content. Citizens grant Brouhaha Tea Co a worldwide, non-exclusive, non-revocable, perpetual, royalty-free, payment-free, freely-transferable, freely sublicensable license to reproduce, publish, or otherwise use and authorize others to use the Citizen Content in any manner Brouhaha Tea Co wishes. We do not grant other Citizens any rights in relation to Citizen Content not already belonging to them. Any such rights may only be granted to you by the owner(s) of such Citizen Content.
  5. Licensed Exclusively for Use of Services. While you follow these Terms, we grant you a worldwide, revocable, non-exclusive, non-transferable, and non-sublicensable license to use (i.e., to download and display on your local device) Content for the sole purposes of using Brouhaha Tea Co Services. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of Account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.
  6. Prior Written Permission Required. You agree not to use, reproduce, modify, distribute or store any Content for purposes other than using our Services without our prior written permission.
  7. No Unauthorized Use of Content. You agree not to sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates our rights or any third party right. Brouhaha Tea Co neither grants, nor implies, nor gives consent in any way to make unauthorized use of any intellectual property or other property of Brouhaha Tea Co, our suppliers, or our licensors. 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 Brouhaha Tea Co or our affiliates without our express written consent. You may not use meta tags or any other hidden text using Brouhaha Tea Co’s name or trademarks without the express written consent of Brouhaha Tea Co. 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 website, and, in particular, you may not use Brouhaha Tea Co logo or any other proprietary graphic or trademark as part of any “hot” link or hyperlink to this Website, without the express prior written permission of Brouhaha Tea Co. Any unauthorized use terminates the permission or license granted by Brouhaha Tea Co.
  8. Moderating, Removing and Modifying Content. We may moderate or review any Content to verify compliance with these Terms and any applicable Law. However, we are not obligated to moderate or review any Content. We also retain the right to (1) remove, edit, or modify any Content in our sole discretion at any time, without notice to you and for any reason (for instance, if we think you may have violated these Terms) or for no reason at all, or (2) to remove or block any Content from the Services. Whether or not we enforce these Terms and/or moderate, remove, or modify any Citizen Content, the views expressed by Citizens on our Services do not represent the views of Brouhaha Tea Co. We do not sponsor, endorse, authorize, or approve any Citizen Content.

7. Permissible Use

  1. Lawful and Compliant Use. As a condition of using the Services, you agree to use the Services only for lawful purposes and to comply with these Terms and all applicable Laws. Brouhaha Tea Co intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable Laws.
  2. Privacy of Other Citizens. You also agree to respect the privacy and all personally identifiable information not displayed publicly (“Secure Information”) of other Citizens and other users of the Services. This includes, but is not limited to, uploading, downloading, displaying, posting, performing, transmitting, or otherwise making available through the Services any content which contains or refers to anyone else’s personal data or private or confidential information (for example, telephone numbers, location information (including street addresses and GPS coordinates), names, identity documents, email addresses, log-in credentials for Brouhaha Tea Co including passwords and security questions, financial information including bank account and credit card details, biometric data, and medical records, without that person’s express written consent.
  3. Compliance With Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the Law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content in violation of any Citizen or third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant Laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Account.
  4. Content Restrictions. You agree not to, and shall not allow anyone else to distribute any Content through any Brouhaha Tea Co Service by uploading, downloading, displaying, posting, performing, transmitting, signaling or communicating via any other media or methods (including but not limited to codewords) and/or submitting said Content, or otherwise take any action to distribute said Content through any Brouhaha Tea Co Service which:
    1. includes anyone else’s identification documents, sensitive financial information, or other Secure Information;
    2. you know to be false, misleading, or inaccurate, including any misrepresentation regarding Brouhaha Tea Co, yourself, and/or other Citizens;
    3. intimidates, bullies, stalks, abuses, or harasses any person or entity, including any of our representatives, employees, and Citizens;
    4. is likely to upset, embarrass, inconvenience, or cause anxiety or serious offense to anyone else;
    5. impersonates or falsely states or suggests any affiliation, endorsement, sponsorship between you and any person or entity, including Brouhaha Tea Co, any of our representatives, employees, and Citizens which have not factually approved, licensed, or endorsed the Content;
    6. constitutes unauthorized or unsolicited advertising, or otherwise solicits funds or is a solicitation for goods or services, or is junk or bulk e-mail, regardless of whether similar communications are prohibited by local Law or not;
    7. is unlawful, threatening, defamatory, abusive, harassing, libelous, deceptive, fraudulent, hateful, discriminatory, invasive of another’s privacy, tortious, promotes violence, or is otherwise inappropriate as determined by Brouhaha Tea Co in its sole discretion;
    8. advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign Law or regulation;
    9. regardless of local legality, includes any sexually explicit content;
    10. contains, promotes, advertises, or refers to acts of violence or hate speech (being Content intended to vilify, humiliate, dehumanize, exclude, attack, threaten, or incite hatred, fear of, or violence against, a group or individual based on race, ethnicity, national origin, immigration status, caste, religion, sex, gender identity or expression, sexual orientation, age, disability, serious disease, veteran status, or any other protected characteristic);
    11. without the express written consent of Brouhaha Tea Co, involves or promotes third party commercial activities or sales, including but not limited to: contests, sweepstakes and other sales promotions, product placements, advertising, or job posting or employment ads; or
  5. Restrictions on Use of Brouhaha Tea Co Services. You agree to only use Brouhaha Tea Co Services for your own personal use and not to sell, rent, transfer, or share your account or any Content obtained from your use of our Services to or with anyone else.  However, any products, including tea, you buy from us isn’t Content, and we encourage you to share that as much as possible.
  6. Violating Brouhaha Tea Co’s Security. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,
    1. accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
    2. attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
    3. interfering or attempting to interfere with service to any Citizen, user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
    4. using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services;
    5. forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or
    6. attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
    7. using any automated program, tool, or process to access our Services, including without limitation “web crawlers,” “robots,” “bots,” “spiders,” and automated scripts for any reason, including to “extract” or “scrape” Content.
    8. acting in contravention to any local laws regarding the violation of security of computer systems.

Breaches of this Permissible Use Section may lead to your Account being suspended or terminated as set out in these Terms of Use. If you receive any Content through the Services from another Citizen that you believe to violate these Terms of Use (for example, , a review which is harassing, intimidating, impersonating another person, etc.) you may contact us regarding the matter with our contact form. We make reasonable efforts to investigate any such claims and will take, in our own sole discretion, appropriate action. Such action can include, but is not limited to, warnings to the messaging Citizen or termination of access to the Services for said Citizen.

8. Your Safety.

Brouhaha Tea Co seeks to foster a community of respect and safety amongst its Citizens. However, you are ultimately responsible for ensuring your safety in your interaction with other Citizens. You agree to use caution in all interactions with other Citizens. You understand you aren’t required to follow any instructions, suggestions, reviews, or even comments, by another Citizen. If you do so anyway, you do so according to your own best judgment and wholly at your own risk. You also acknowledge and agree that Brouhaha Tea Co does not control and is not responsible for what Citizens or third parties do with your Citizen Content after it is uploaded, published, or otherwise displayed on the Services. Once any content gets on the Internet, it can be very hard to remove. While you can delete your Account, you acknowledge this will not independently prevent the use or spread of any Citizen Content uploaded, published, or otherwise displayed on the Services. In other words, if you post a review (or anything on the Internet), you should be prepared, however unlikely, for it to ‘go viral.’

9. You Consent to Receive Electronic Communications

  1. Notifications Generally. Brouhaha Tea Co may send you notifications, notices, or links, via your email, phone, text messages, messages to your Account, or via your mobile device. By using the Services, you agree to receive these notifications. The types of notifications you may receive include changes to these Terms, invoices or records of payment, marketing communications, reminders about your shopping cart, and any number of other communications related to our Services. Any notification is considered “in writing,” regardless of whether it is in a paper format, a digital format, or some other format. Additional terms may apply to text messages (SMS and MMS).
    • 1. Opt-In for SMS and MMS Messages. To opt in to receiving automated recurring SMS and MMS messages that include information about new arrivals, special partnerships, special offers, marketing messages, cart reminders, and sweepstakes information, text “JOINTEA” to 87213 or sign up through any of the various opt-in options at www.republicoftea.com. To opt in to receive alerts for premium teas and herbs, text “TEANEWS” to 87213. Message and data rates may apply. Message frequency varies and is at the discretion of Brouhaha Tea Co. However, you can expect to receive 3-6 per month.
    • 2. You may cancel this service at any time. To opt out, text “STOP” to 87213 to cancel.
    • 3. Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
    • 4. T-Mobile is not liable for delayed or undelivered messages.
    • 5. Message and data rates. Message and data rates may apply for all messages sent from Brouhaha Tea Co to you, and from you to Brouhaha Tea Co. Please contact your wireless provider with any questions about your text rate or data plan. For all questions about the services provided by this short code, please email us at [email protected].
    • 6. Privacy Policy. SMS and MMS notifications are further governed by our Privacy Policy, which can be viewed here:
  2. Notification Procedures. Anything sent to you is considered received immediately if sent to you by electronic notification without any indication of failed communication. An electronic notification is sent at the time it is directed by Brouhaha Tea Co to your email address or other means of receiving electronic notifications. You agree these are reasonable procedures for sending and receiving electronic notifications.
  3. Paper Notifications. We reserve the right, but are under no obligation, to send notifications in a paper format.
  4. Withdrawing Consent to Notifications. If you have opened an Account but you wish to withdraw your consent to have notifications sent electronically, you must delete your Account as described in Sections 3 and 25 of this Agreement, and contact us through our contact form. To withdraw consent for SMS and MMS messages specifically, text STOP to 87213 at any time.

10. Links to Third Party Sites.

  1. Links to Outside Sites. As you use our Services, you will find links to third party websites, services, or resources, including co-branded websites operated by a third party. Brouhaha Tea Co has no control over, and no liability for any third-party websites or materials. Brouhaha Tea Co works with a number of partners and affiliates whose websites may be linked with the Site. Additionally, Citizens may link to third-party websites in Citizen Content. Because neither Brouhaha Tea Co nor the Site has control over the content and performance of these partner and affiliate sites, or sites linked to by Citizens, Brouhaha Tea Co makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Brouhaha Tea Co assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Brouhaha Tea Co makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, such as with another site’s own Terms of Use, these Terms of Use shall govern your use of any and all third-party content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Brouhaha Tea Co IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY WEBSITE OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.
  2. 

No Endorsement. The inclusion of a link to any other site on any Brouhaha Tea Co Service does not mean or imply that we endorse or are associated with that site or its operator.

11. Payments and Billing

  1. Brouhaha Tea Co Payments. All payments between Brouhaha Tea Co and Citizens are conducted in United States Dollars (“USD” or “$”).
  2. Payment Methods. When you add a payment card, bank account, or other means to make or receive payments to your Account, you authorize us to supply your payment information to our third party provider(s) for the purpose of processing your payments. We are not responsible for any additional charges by your bank or other third parties. You agree to keep your payment methods current and up to date and will notify us promptly if any payment method is
  3. Subscription Payments. If you decide to enroll in one of our subscription programs, the terms of that program will apply in addition to these Terms. For instance, if you decide to enroll in Sip by Sip, Sip by Sip Subscription Terms govern Sip by Sip and apply in addition to these Terms of Use.
  4. Refunds. Brouhaha Tea Co offers refunds at our sole discretion. To request a refund, contact our support team through our contact form. If approved, refunds can take a variable amount of time to be completed but generally are completed within 5 days of the refund being approved by us.
  5. Chargebacks. You understand and agree you will not make requests for a refund or a chargeback request from your payment card(s) without justification. A chargeback occurs where a Citizen disputes a charge that appears on their bill with their bank or credit card provider, requesting the charges be reversed. You agree, whenever possible, to use our support systems to request a refund first. If you do not use our support systems to request a refund first, and we determine in our sole discretion any chargeback or refund request was made without justification and/or in bad faith, we may suspend or terminate your Account. You acknowledge that transactions subject to a chargeback will be suspended until the chargeback is resolved and the Services are paid for. Further, where you initiate a chargeback, and do not use our support systems to request a refund first, we will be unable to assist with any request for a refund. Brouhaha Tea Co reserves the right to contest chargebacks, but is not obligated to do so.
  6. Payment Processor. Brouhaha Tea Co uses the third-party service Paya to charge any costs or fees associated with your payments, plus applicable tax to the credit card or other payment method you have provided. Our third-party payment processor’s Terms of Use also apply, and we encourage you to read them on their site at https://support.paya.com/47608-faq/what-are-paya-connects-terms-of-use. Brouhaha Tea Co reserves the right to change the third-party payment providers that we use and if we do so, we will notify you of the change and any additional information required from you and store applicable details on your Account. It is your responsibility to provide any such additional information in a timely manner and ensure that information is accurate. BY USING ANY OF Brouhaha Tea Co’S SERVICES THAT REQUIRE PAYMENT OF ANY SORT YOU HEREBY AGREE TO BEING CHARGED FOR THOSE SERVICES, AND ANY FEES ASSOCIATED WITH ANY PRODUCTS OR SERVICES YOU PURCHASE, VIA THE PAYMENT METHOD YOU HAVE PROVIDED. YOU WILL BE CHARGED AUTOMATICALLY BY US WITHOUT FURTHER AUTHORIZATION FROM YOU. YOU WILL NOT RECEIVE ANY PRODUCTS OR SERVICES THAT ARE NOT PAID FOR.
  7. Not Responsible for Lost Funds. Brouhaha Tea Co is not responsible for any unauthorized activities, payments, or withdrawal of funds resulting from any lost, stolen, or compromised Citizen accounts, passwords, or email accounts.

12. Warranty Disclaimer.

  1. No Special Relationship or Fiduciary Duty. Brouhaha Tea Co has absolutely no special relationship or fiduciary duty to you. By using Brouhaha Tea Co Services, you release us from any and all liability for any release of your information pursuant to our terms. This includes, but is not limited to, releasing information, pursuant to our (1) receipt from you, or what appears to be you, of any instructions or permissions authorizing such release to any other person, including without limitation any party you have granted access to, or (2) compliance with any Laws.
  2. Security Measures. Brouhaha Tea Co makes use of security measures which either meet or exceed industry standards. These include, but not are limited to, administrative, physical, and technical safeguards (passwords, encryption, etc.) to protect the security and confidentiality of your Account as well as your personal and financial information.
  3. Network/Internet Access and Devices. You are solely responsible for obtaining the data network access necessary to use the Services, whether via a mobile device or other means. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services, related software, and any updates thereto. Brouhaha Tea Co does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. These include, but are not limited to, loss of service due to lack of network access or non-compatible hardware.
  4. Risk of Product Loss. All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Brouhaha Tea Co. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when Brouhaha Tea Co delivers these items to the carrier.
  5. Product Information. Brouhaha Tea Co attempts to accurately describe its products listed on the Site. We do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. We have attempted to display accurately the colors of our products that appear at the Site. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate. Most of our products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.
  6. Services Provided As Is – NO WARRANTY. Even with these strong security measures, there can be no absolute guarantee of security. Brouhaha Tea Co HEREBY DISCLAIMS ALL WARRANTIES. THIS SITE IS PROVIDED BY Brouhaha Tea Co ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Brouhaha Tea Co 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. FOR INSTANCE, WE DO NOT WARRANT THAT: (1) 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; (2) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (3) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (4) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (5) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW FOR THESE CHANGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Brouhaha Tea Co DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRODUCTS PURCHASED THROUGH THIS SITE.

13. Indemnification

  1. Indemnification. You agree to indemnify Brouhaha Tea Co for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Brouhaha Tea Co, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorneys’ fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Brouhaha Tea Co will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  2. Right to Assume Exclusive Defense. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses.

14. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Brouhaha Tea Co, OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE TO YOU OR TO THOSE YOU PROVIDE ACCESS TO YOUR ACCOUNT, HEIRS, SUCCESSORS OR YOUR ESTATE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS SITE OR ANY LINKED SITES OR SERVICES IN ANY MANNER NOT EXPRESSLY PERMITTED HEREIN, YOUR PURCHASE OR USE OF ANY PRODUCTS FROM US, 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, BY YOUR RELIANCE ON ANY PRODUCT, MATERIALS OR SERVICE OBTAINED THROUGH OUR SITE OR A THIRD-PARTY SITE OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE COMPLETENESS, ACCURACY OR USEFULNESS OF CONTENT AVAILABLE THROUGH THE SITE OR OBTAINED THROUGH A THIRD-PARTY SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC CONTENT, OR ANY OF YOUR LEGAL OBLIGATIONS THAT MIGHT ARISE IN CONNECTION WITH THE SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY FROM WHICH THE DAMAGES ARISE.

  1. Specific Situations Where Liability Limited. Below is an illustrative list of situations where our liability is limited. PLEASE REVIEW THIS LIST. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO, BUT NOT LIMITED TO:
    1. THE USE OR THE INABILITY TO USE THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS PROVIDED BY Brouhaha Tea Co,
    2. UNAUTHORIZED ACCESS TO YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
    3. LOSS, CORRUPTION OR ALTERATION OF YOUR INFORMATION, DATA, TRANSMISSIONS, CONTENT OR OTHER INFORMATION,
    4. ANY BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR SOFTWARE, REGARDLESS OF THE SOURCE OF ORIGINATION
    5. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING OUR SERVICES,
    6. Brouhaha Tea Co’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY RELATED CHANGES OR NOTICES,
    7. YOUR FAILURE TO MAINTAIN CONFIDENTIALITY OF YOUR INFORMATION OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT,
    8. THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING THE SERVICES, OR
    9. ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING TANGIBLE AND INTANGIBLE LOSSES, EVEN IF Brouhaha Tea Co OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. Liability Limited in Amount. IF ANY LIABILITY DOES EXIST UNDER LOCAL LAW, Brouhaha Tea Co’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO (1) US$500.00 (FIVE HUNDRED UNITED STATES DOLLARS) OR (2) THE AGGREGATE AMOUNT PAID FOR Brouhaha Tea Co’S SERVICES IN THE PAST THREE MONTHS, WHICHEVER IS LESS.
  4. State Law. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Remedies of Citizens.

  1. Remedy Available. The sole and exclusive remedy for any failure or non-performance of any Brouhaha Tea Co Service, and/or anything supplied in connection with a Service, shall be for Brouhaha Tea Co to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable Service.
  2. Time Limit on Actions Against Brouhaha Tea Co. BY USING THESE SERVICES, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO (1) USE OF THE SITES OR SERVICES OR (2) THESE TERMS OF USE, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

16. Arbitration, Applicable Law, Choice of Venue, Jurisdiction, and Fee-Shifting.

  1. Arbitration, Individual Arbitration and Acknowledgments. Any controversy or claim arising under, out of, or in relation to these Terms or the use of Brouhaha Tea Co’s Services, or any breach or asserted breach thereof, shall be settled by binding arbitration in Marin County, California, subject to the conditions and exclusions of this Section.
You hereby acknowledge and agree that you and Brouhaha Tea Co are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Brouhaha Tea Co otherwise agree in writing, any arbitration will be conducted in English in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this Section. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
Unless otherwise agreed by the parties, the arbitration panel shall consist of one arbitrator chosen in accordance with the rules of the AAA. Any such arbitrator shall be knowledgeable in the subject area in which the dispute arises. All discovery shall be completed within sixty (60) days following the appointment of the arbitrator. Each party shall be entitled to representation by counsel, to appear and present written and oral evidence and argument and to cross-examine witnesses presented by the other party, provided that, where appropriate, the arbitrator may receive testimony via telephone, video, or other electronic means of communication. The arbitration award shall be in writing. The award of the arbitrator shall be final and binding on the parties hereto and may be enforced in any court of competent jurisdiction. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. The prevailing party in any action or proceeding to enforce its rights under these Terms or related to the Services shall be entitled to recover reasonable attorneys’ fees and other reasonable costs, including fees of the arbitrator and the AAA, incurred in the action or proceedings. In no event shall the arbitrator award punitive or exemplary damages. The parties waive any right they may have to an appeal of the arbitrator’s decision and/or award. Each party retains the right to seek judicial assistance: (i) to compel arbitration, (ii) to obtain interim measures of protection prior to or pending arbitration, (iii) to seek injunctive relief in the courts of any jurisdiction as may be necessary and appropriate to protect the unauthorized disclosure of its proprietary or confidential information, (iv) for any claims of infringement or misappropriation of patent, copyright, trademark, or trade secrets, and (v) to enforce any decision of the arbitrator, including the final award.
  2. Applicable Law. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to rules regarding conflicts of law. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
  3. Exclusions. You hereby acknowledge the following exclusions to these terms regarding arbitration.
    1. You and Brouhaha Tea Co both retain the right to bring an individual action in small claims court.
    2. You and Brouhaha Tea Co both retain the right to seek equitable relief in a court, chosen in compliance with these Terms, solely to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights, including but not limited to copyrights, trademarks, trade secrets, and patents.
  4. Admissibility. 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.
  5. Jurisdiction and Choice of Venue. You acknowledge that all claims or controversy shall be settled by arbitration according to this Section. However, you additionally hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts located in the Northern District of California, in all disputes arising out of or related to the use of the Site or Service, that, for any reason, are not arbitrated.

17. Modifying the Terms and the Service.

  1. Modifying Terms. Brouhaha Tea Co reserves the right to – at any time and for any reason or without reason – revise these Terms of Use. It is your responsibility to review the Terms of Use for changes with some regularity. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
  2. Modifying the Service. Brouhaha Tea Co reserves the right to – at any time and for any reason or without reason – change, suspend, or discontinue the Services. Before we do this we will notify you by replacing these Terms on the Site and may additionally notify you by sending you a notice through the email address that you provide to us through your Account. It is your responsibility to check these Terms periodically for changes, and to keep your email address current.
  3. Limiting the Service. Brouhaha Tea Co reserves the right to – at any time and for any reason or without reason – impose limits on some Services or restrict your access to the Services without notice or liability.
  4. If You Don’t Agree to Terms Changes, You Must Terminate Use of the Services. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. If at any point, you disagree with a change to the Terms or Services on the part of Brouhaha Tea Co, please cease use of Brouhaha Tea Co Services by deleting your Account. You may not continue to use the Services without agreeing to these Terms.

18. Entire Agreement.

These Terms, and the terms of policies and agreements incorporated by reference (through names of documents and web links) are the whole and complete agreement between you and Brouhaha Tea Co. No other agreements shall govern your use of Brouhaha Tea Co Services. These Terms supersede any prior or conflicting agreements or policies.

19. Headings Not Binding.

The headings to each section of these terms are not legally binding, nor do they have any effect on the proper interpretation of these Terms. They are exclusively to aid in ease of use. THEY SHOULD NOT BE READ IN LIEU OF READING THE FULL TERMS.

20. Force Majeure.

Where Brouhaha Tea Cos fails to perform our obligations under these Terms, we are not liable where such failure results from any cause beyond our reasonable control. Such situations include but are not limited to: acts of god, global pandemics, endemics, or mechanical, electronic or communications failure or degradation.

21. Waiver.

  1. Failure to Exercise a Right Not a Waiver. Even if Brouhaha Tea Co, or any of our employees, representatives, or other affiliates fail to exercise any right or provision of these Terms, this failure does not waive our right to later enforce any part of these Terms.
  2. Waiver Does Not Imply Future Waiver. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof.
  3. Requirements of a Waiver.In order for any waiver of compliance with these Terms to be effective, it must be made in writing and signed by an authorized representative of the waiving party.

22. Severability.

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, in that jurisdiction, to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and fully enforceable.

23. Assignment.

  1. Assignability of Terms Rights by You. These Terms are exclusive and personal to you. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without the express, signed prior written consent of an authorized Brouhaha Tea Co representative.
  2. Brouhaha Tea Co Rights Assignable. We may assign, transfer, or delegate any of our rights and obligations under these Terms without notice to you and without your consent.

24. No Relationship.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

25. Cancellation and Termination.

  1. Cancellation. You may cancel your relationship with Brouhaha Tea Co by (1) deleting your Account as described in Section 3(H) of these Terms, and (2) ceasing use of the Services.
  2. Termination of Use. Brouhaha Tea Co reserves the right to terminate your use of the Services and/or the Site with or without cause, with or without notice to you, and without liability to you. To ensure that Brouhaha Tea Co provides a high-quality experience for you and for other Citizens using the Site and the Services, you agree that Brouhaha Tea Co or its representatives may, in accordance with our Terms, access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Brouhaha Tea Co does not intend to disclose the existence or occurrence of such an investigation unless required by Law, but Brouhaha Tea Co reserves the right to terminate your account or your access to the Site immediately, with or without cause, with or without notice to you, and without liability to you. Causes for termination include but are not limited to if we believe that you have violated any of the Terms of Use, furnished us with false or misleading information, interfered with use of the Site or the Service by others.
  3. Orders and Termination. Brouhaha Tea Co reserves the right to cancel orders in its sole discretion, including, without limitation, if Brouhaha Tea Co Terminates a Citizen’s Account, believes a Citizen’s conduct violates applicable Law, violates these Terms, or is harmful to the interests of Brouhaha Tea Co or its affiliates.
  4. Termination, Suspension, and Pending Payments. Where your Account is terminated or suspended Brouhaha Tea Co may, but is not required to, let you know via electronic notification to the contact information provided to us through your Account. Where a Citizen’s Account is terminated or suspended, all recurring payments (such as subscriptions) shall also be terminated or suspended.
  5. Content After Termination. Once your Account is terminated, we may deal with Content in any manner consistent with these Terms and our Privacy Policy, such as by deleting it entirely, and you will not be entitled to access any Content. We are not obligated to keep any copies or backup of any Content, including any Citizen Content.
  6. Terms Surviving Cancellation. There are many provisions within these Terms which by their nature should extend past your cancellation or our termination of Services. All such terms shall survive cancellation or termination. These terms include but are not limited to: (1) ownership provisions, (2) warranty disclaimers, (3) indemnity, and (4) limitation of liability.



26. Notices.

  1. In Writing. Unless otherwise specified in another section of these Terms, all notices under these Terms will be in writing as defined in these Terms.
  2. Notice Duly Given by Brouhaha Tea Co. Notice by us to you will be considered to have been duly given at the time when (1) transmitted by email with no indication of failed transmission; (2) received, if personally delivered or sent by certified or registered mail, return receipt requested; (3) the day after it is sent, if sent for next day delivery or recognized overnight delivery service; or (4) transmitted electronically through the Services to your Account, such as through a messaging or alert feature.
  3. Notice Duly Given to Brouhaha Tea Co. Notice by you to us will be considered to have been duly given at the time when it is received, if personally delivered or sent by certified or registered mail, return receipt requested.
  4. Online Contact Info. Brouhaha Tea Co may be contacted online through our contact form.

27. ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

28. Rights Reserved.

All rights not expressly granted herein are hereby reserved