Terms
Of Use Agreement
This TERMS OF USE AGREEMENT sets forth
the agreement between Lakeside Food and
Restaurants Group, LLC, DBA 420tea.com,
("420tea.com"
or "we") and each user
("you" or "user")
governing the use by you of this site.
Please read this agreement carefully
before using this site. By using this
site, you signify your assent to this
Terms of Use agreement. If you do not
agree to the terms and conditions
contained in this Terms of Use
agreement, you may not access or
otherwise use this site.
The information
on this site is for informational
purposes only and is not intended as a
substitute for advice from your
physician or other healthcare
professional or any information
contained on or in any product label or
packaging. You should not use the
information on this site for diagnosis
or treatment of any health problem or
for prescription of any medication or
other treatment. You should always speak
with your physician or other healthcare
professional before taking any
medication or nutritional, herbal or
homeopathic supplement, before starting
any diet or exercise program or before
adopting any treatment for a health
problem.
Copyright
and Trademarks
All Web site design, text, graphics,
sound, software and other content, and
the selection and arrangement thereof,
are the property of 420tea.com
or its licensors, and are protected by
United States and international
copyright law. All rights to such
materials are reserved to their
respective copyright owners. Permission
is granted to electronically copy and to
print in hard copy portions of this Web
site for the sole purpose of placing an
order with 420tea.com
or using this Web site as a shopping
vehicle. Any other use of materials on
this site, including without limitation
reproduction for purposes other than
noted above, modification, distribution,
replication, commercial or other
exploitation, or creation of derivative
works, without the prior written
permission of 420tea.com,
is strictly prohibited.
420tea.com,
and all logos, page headers, custom
graphics and icons are service marks
and/or trademarks of 420tea.com
or its licensors or affiliates. All
other trademarks, service marks, product
names and company names or logos that
appear on this site are the property of
their respective owners.
Review of
Materials Posted on or Submitted to Site
420tea.com
is not responsible for monitoring,
screening, policing or editing the
information posted or materials on,
submitted to or transmitted through the
site. 420tea.com
does not and cannot monitor all
information or materials posted on,
submitted to or transmitted through the
site. However, 420tea.com
reserves the right to delete, block and
remove any information or materials that
420tea.com,
in its sole discretion, deems to be
unlawful, infringing, defamatory,
libelous, abusive, threatening, obscene,
offensive, fraudulent, deceptive,
inappropriate or otherwise unacceptable
to 420tea.com.
If notified of any such information or
materials on the site, 420tea.com
may determine in its sole discretion
whether to remove such content from the
site.
User
Submissions
Any suggestions, ideas, comments or
other similar submissions by users shall
be deemed the sole property of 420tea.com,
which shall not be liable for any use or
disclosure, including without limitation
use for commercial purposes, of such
submissions. You agree to grant 420tea.com
a worldwide, royalty-free,
perpetual license, with the right to
reproduce, transmit, distribute,
publicly display, publicly perform,
create derivative works of and
sublicense any materials or other
information contained in such
submissions. You hereby waive any claim,
cause of action or other recourse that
you might have against 420tea.com
for any alleged or actual infringement
or misappropriation of any intellectual
property or other right in any such
submissions.
No Warranty
- Disclaimer
420tea.com
is providing this site and its contents
on an "as is" basis. 420tea.com
and its officers, directors, employees,
agents, licensors, suppliers, content
providers and the like (together,
"affiliates") make no
representations or warranties of any
kind, express or implied, with respect
to this site or its contents, including
without limitation the products,
information or services offered or sold
on or through this site or any other
site to which this site links (each a
"Linked Site") and the
uninterrupted and error-free use of this
site. 420tea.com
and its affiliates expressly disclaim
all such representations and warranties,
including without limitation all
warranties of merchantability, accuracy,
timeliness, completeness, fitness for a
particular purpose and non-infringement.
420tea.com
and its affiliates do not warrant that
the site or files available on the site
will be free from corrupted data,
computer viruses or similar destructive
or contaminating code. No oral or
written statements by 420tea.com
or its affiliates will create any
warranty not expressly set forth herein.
Your use of this site and any linked
site is at your sole risk.
The products,
information, services and other content
provided on and through this site,
including without limitation any
products, information, services and
other content provided on any Linked
Site, are provided for informational
purposes only to facilitate discussions
with a healthcare professional regarding
treatment. The information provided on
this site and Linked Sites, including
without limitation information relating
to medical and health conditions,
products and treatments, is often
provided in summary or aggregate form.
It is not intended as a substitute for
advice from your physician or other
healthcare professional or any
information contained on or in any
product label or packaging. Before
buying or using any products,
information or services provided on or
through this site, including without
limitation any products, information or
services provided on any Linked Site,
you should speak with a healthcare
professional.
You should not
use the information on this site for
diagnosis or treatment of any health
problem or for prescription of any
medication or other treatment. You
should always speak with your physician
or other healthcare professional, and
carefully read all information provided
by the manufacturer of a product and on
or in any product label or packaging,
before taking any medication or
nutritional, herbal or homeopathic
supplement, before starting any diet or
exercise program or before adopting any
treatment for a health problem. Each
person is different, and the way you
react to a particular product may be
significantly different from the way
other people react to such product.
Unless
otherwise indicated on this site, 420tea.com
does not endorse or recommend any
product or service offered, advertised
or sold on or through this site,
including without limitation any product
or service offered, advertised or sold
on or through any Linked Site. 420tea.com
is not responsible for any product or
service sold on or through this site or
any claims of quality or performance
made on or through this site, including
any claims of quality or performance
made on or through any Linked Site. You
are advised that other sites on the
Internet, including without limitation
Linked Sites and sites that link to this
site, might contain material or
information that some people may find
offensive or inappropriate; or that is
inaccurate, untrue, misleading or
deceptive; or that is defamatory,
libelous, infringing of others' rights
or otherwise unlawful. 420tea.com
expressly disclaims any responsibility
for the content, legality, decency or
accuracy of any information, and for any
products and services, that appear on
any Linked Site or any site that links
to this site.
Price and
availability information on this site is
subject to change without notice. 420tea.com
is not responsible for price
fluctuations on our affiliates websites
that have not been updated.
Limitation
of Liability
420tea.com
and its affiliates shall not under any
circumstances be liable for any damages
of any kind arising out of, in
connection with or relating to the use
of or inability to use this site,
including without limitation any
liability (i) as a publisher of
information, (ii) as a reseller of any
products or services, (iii) for any
defective products, (iv) for any
incorrect or inaccurate information, (v)
for any unauthorized access to or
disclosure of your transmissions or
data, (vi) for statements or conduct of
any third party on the site, or (vii)
for any other matter relating to this
site or any linked site. This is a
comprehensive limitation of liability
that applies to all damages of any kind,
including without limitation any direct,
indirect, special, incidental or
consequential damages (including without
limitation damages for loss of business,
loss of profits, loss of good will, loss
of use, loss of data, cost of procuring
substitute goods, services or
information, litigation or the like),
whether based on breach of contract,
breach of warranty, tort (including
without limitation negligence), product
liability or otherwise, even if the user
advises of the possibility of such
damages. The limitations of liability
set forth herein are fundamental
elements of the basis of the bargain
between 420tea.com
and the user. The products, information
and services offered on and through this
site would not be provided without such
limitations. Because the laws of some
states may not allow for the exclusion
of certain damages, in such states
liability is limited to the fullest
extent permitted by law.
Notwithstanding
the foregoing, the sole and entire
maximum liability of 420tea.com
and its affiliates for any reason, and
your sole and exclusive remedy for any
cause or claim whatsoever, shall be
limited to the amount paid by you for
any product, information or service
purchased by you from 420tea.com
on this site.
You agree to
indemnify, defend and hold harmless 420tea.com
and its affiliates against all claims,
demands, causes of action, losses,
expenses, damages and costs, including
without limitation any reasonable
attorneys' fees, resulting or arising
from or relating to your use of or
conduct on the site, any activity
related to your account by you or any
other person, any material that you
submit to, post on or transmit through
the site, your violation of these Terms
of Use, your infringement or violation
of any rights of another, or termination
of your access to this site.
All products
and services offered on or through this
site are provided subject to any
applicable tariffs and any accompanying
terms and conditions.
Privacy and
Child Protection
420tea.com
respects the privacy of its users in
accordance with the terms of 420tea.com Privacy
Protection Policy. 420tea.com
reserves the right to monitor the site
and to disclose any information recorded
or posted on, submitted to or
transmitted through the site to the
extent 420tea.com,
in its sole discretion, deems such
disclosure necessary or appropriate (i)
to comply with any law, regulation,
subpoena or government request, (ii) to
operate the site, or (iii) to protect
the rights or property of 420tea.com
or its affiliates.
Your Usage
of Site - Termination of Usage
You agree to maintain the security of
your account on the site, including the
security of your password and other
confidential information relating to the
use of the site and your account on the
site. You agree to be responsible for
all charges resulting from the use of
your account on the site, including
charges resulting from unauthorized use
of your account prior to your taking
steps to prevent such occurrence by
changing your password and notifying 420tea.com.
You agree to
use this site only for lawful purposes,
and that you are responsible for your
use of and communications on the site.
You agree not to post on or transmit
through this site any unlawful,
infringing, threatening, harassing,
defamatory, vulgar, obscene, profane,
indecent, offensive, hateful or
otherwise objectionable material of any
kind, including without limitation any
material that encourages criminal
conduct or conduct that would give rise
to civil liability, infringes others'
intellectual property rights or
otherwise violates any applicable local,
state, national or international law.
You agree not to use this site in any
manner that interferes with its normal
operation or with any other user's use
and enjoyment of the site. You agree not
to reproduce, modify, distribute,
replicate, commercially exploit or
create derivative works of any portion
of the site or material thereon.
You further
agree that you will not access by any
means except through the interface
provided by 420tea.com
for access to the site. You agree that
you will not access this site from any
territory where its contents are
illegal, and that you, and not 420tea.com
and its affiliates, are responsible for
compliance with applicable local laws.
You agree that
420tea.com
may terminate or suspend your access to
all or part of this site, without
notice, for any conduct that 420tea.com,
in its sole discretion, believes is in
violation of these Terms of Use or any
applicable law or is harmful to the
interests of another user, 420tea.com
or its affiliates.
Usage by
Minors
Because of the nature of the World Wide
Web, 420tea.com
cannot prohibit minors from visiting
this site. 420tea.com
must rely on parents, guardians and
those responsible for supervising
children and teenagers to decide which
materials are appropriate for such
children and teenagers to view and/or
purchase. 420tea.com
requires that (i) all purchases on the
site be made by adults 18 years of age
or older, and (ii) all users who provide
personal information to 420tea.com
be 18 years of age or older, or, if
under 18, that such information be
accompanied by verifiable parental
consent as further set forth in our Privacy
Policy.
Applicable
Law; Jurisdiction
This agreement shall be governed by and
construed in accordance with the laws of
the State of Virginia without regard to
choice of law rules. Each user agrees to
submit to personal jurisdiction in the
State of Virginia and further agrees
that any cause of action arising from or
relating to the use of this site or this
agreement shall be brought exclusively
in a court in Virginia.
Sever ability
- Interpretation
If any provision of this agreement shall
be deemed unlawful, void or for any
reason unenforceable by a court of
competent jurisdiction, the validity and
enforceability of any remaining
provisions shall not be affected. When
used in this agreement, the term
"including" shall be deemed to
be followed by the words "without
limitation."
Entire
Agreement - Amendments
This agreement constitutes the entire
and only agreement between 420tea.com
and each user of this site with respect
to the subject matter of this agreement
and supercedes any and all prior or
contemporaneous agreements,
representations, warranties and
understandings, written or oral, with
respect to the subject matter of this
agreement. You agree to review this
agreement prior to your use of this site
and your use of this site shall be
deemed acceptance of and assent to this
agreement by you. 420tea.com
may, in its sole discretion, amend this
Terms of Use agreement from time to
time.
Orders &
Pricing
420tea.com
retains the rights to cancel any order
at any time. If an order is cancelled,
the proper credit will be issued back to
the customer usually within 24 to 48
business hours. 420tea.com
retains the right to ship to only
countries or addresses with which it
feels are safe and non-fraudulent.
Pricing and availability on our website
is subject to change at anytime without
notice. Our pricing is based on
"standard order weights". Any
deviation from standard order sizes may
be subject to additional shipping and
handling charges. We will contact you
with these charges before shipping your
order. If you do not wish to accept
these additional charges, you may cancel
your order. All orders must be inspected
within 48 hours of receipt to be
eligible for a full refund or returned
within 30 days.
Payment By
Check
A $25.00 fee will be added to all checks
returned to us that have been unpaid or
have been cancelled. Any further
monetary obligations that result from
the collection of any check will be
added to the amount due.
Credit Card
& Debit Card Payments
When you place an order with 420tea.com,
your card will be "authorized"
for the entire order amount. For some
credit cards this will appear as if it
was an actual charge however, it is
simply an authorization of us setting
the funds aside in your account to
capture when your order ships.
A card "authorization" is
provided to merchants upon the initial
order to guarantee that the merchant
will be able to charge a credit or debit
card for the purchase amount when an
order ships. This
"authorization" will set aside
funds on the credit or debit card to
cover the purchase that was made. A
credit or debit card "charge"
is the actual transfer of funds from the
credit card agency or bank to the
merchant for the sale. If an order is
not shipped or cancelled, the
"authorization" will
automatically be removed within 3
business days (depending on your
individual bank) by the card company and
those funds will be released back to
your account.
*When using a debit card the
authorization will freeze these funds in
your account. 420tea.com
is not responsible for any bank fees
associated with authorization of debit
cards regarding checking accounts.
Miscellaneous
The failure of 420tea.com
or its affiliates to insist upon strict
adherence to any term of this agreement
shall not constitute a waiver of such
term and shall not be considered a
waiver or limit that party's right
thereafter to insist upon strict
adherence to that term or any other term
of this agreement. You agree that
regardless of any statute or law to the
contrary, any claim of cause of action
arising from or relating to use of this
site or this agreement must be filed
within one (1) year after such claim or
cause of action arose, or will be
forever barred. The "No Warranty;
Disclaimer" and "Limitation of
Liability" provisions of this
agreement are for the benefit of 420tea.com
and its affiliates as defined herein,
and each of these individuals or
entities shall have the right to assert
and enforce these provisions directly
against you on its own behalf.
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