Terms | Qi & Tea

Please read these Terms ("Terms" or “Agreement”) carefully before using www.qiandteas.com (the "Website") or any service offered by Qi & Tea. Unless you accept the Agreement, you are not authorized to use the website or any service. By visiting, browsing, or using the website or any service, you agree to be bound by this Agreement including the Privacy Policy and any additional Terms, conditions and Policies incorporated by reference into it.

This Agreement applies to all visitors and users of the website. If you don't agree with any term or condition in this Agreement, please don't use the website. If you have any questions, please contact us.

QI & TEA OVERVIEW

Qi & Tea operates an online tea shop on the website and on social networking platforms such as the Facebook, Instagram, Twitter etc. (collectively, the "Qi & Tea Online Community"). Our community is a place for you to express your interest in and curiosity about our services.

If you create an account, you become a "Qi & Tea Member". There is no payment required to become a Qi & Tea Member.

You are not required to use social media to become a Qi & Tea Member. We hope you share your experiences with other Qi & Tea customers in the Qi & Tea Online Community, but you are not required to do so.

Qi & Tea offers its Members options and combinations of 5 herbal tea blends and tea accessories (collectively, the "Qi & Tea Services").

OFFERS

Qi & Tea may collaborate with certain brands to provide discounts or promotions to its Members.

Retrieving Your Qi & Tea Offer: Follow the instructions on the page to obtain Offers, and enjoy! We post Offers on social media from time to time. You do not need to be a Member to enjoy these Offers.

GIVEAWAYS

Official Rules for Giveaways: From time-to-time, Qi & Tea may post Giveaways for active Qi & Tea Members to win special products. Qi & Tea may advertise our Giveaways through various means. You can find out about them on www.qiandteas.com, or through our social media channels, which may include Instagram, Facebook, Twitter, LinkedIn and others.

Terms for Giveaways: Your participation in any Giveaway is subject to and governed by the official rules set forth here, along with any guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on www.qiandteas.com or on our social media channels (the “Specific Giveaway”). If there is a conflict between these official rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.

Social Media Disclosure: All Giveaways also follow the guidelines of the social media channel on which the Giveaway is promoted. Giveaways are in no way sponsored, endorsed, administered by, or associated with the social media channel you use to learn about or enter the Giveaway. Entrants are providing their information to Qi & Tea and not to the social media channel, during the entry process. The information entrants provide will be used for administering the specific Giveaway and/or for marketing purposes in accordance with these Terms and with our Privacy Policy, located at: www.qiandteas.com/privacy-policy.

Eligibility: Unless otherwise noted in the Additional Terms for the Specific Giveaway, Qi & Tea Giveaways are only open to active Qi & Tea Members. Giveaway supervisors and members of their immediate families are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.

Sponsor: Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is by Qi & Tea, Orange County, CA, USA (“Sponsor” or “Qi & Tea”). Unless otherwise noted in the Specific Giveaway, you may only enter one time. You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, your winnings may be considered by the IRS a taxable event, and Qi & Tea may be required to issue you a tax form 1099.

How to Enter: Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels Qi & Tea uses to launch Giveaways are free to join and Qi & Tea makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. In all cases where you are required to place hashtags on the entry, all hashtags must be included or your entry will not be eligible for the Specific Giveaway.

Odds: The odds of winning depend upon the number of entries received. Entries are capped at 1 (one) per active Qi & Tea Member unless otherwise stated in the Specific Giveaway.

Contest Winner Selection: The contest Sponsor will select winners from contests based on its own criteria and reserves the right to do so. In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes.

Giveaway Winner Notification and Announcement: Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made, and the Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond in a timely manner to the notification may result in forfeiture of the prize and, in such case, Sponsor may, but is not obligated to, select an alternate Selected Entrant.

Prize: The prize, the number of prizes, and the individual and/or total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.

Publicity: By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby releases the Sponsor from any liability with respect thereto, unless prohibited by law.

Prize Conditions: In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant. No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Prizes are shipped only to the winner via ground shipping within the United States.

Conditions of Participating: By participating, Entrants agree to be fully and unconditionally bound by these Terms, the Additional Terms, and the decisions of Sponsor, and waive any right to claim ambiguity in the Giveaway. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, in a random drawing from among all eligible, non-suspect entries received prior to action taken.

Limitation of Liability: If, for any reason, an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any Qi & Tea Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Giveaway in its entirety.

Disputes and Jurisdiction: Disputes regarding these terms will be governed by the internal laws of the State of California. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental, or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.

PRODUCT PACKAGING & INGREDIENTS

Qi & Tea specializes in the art of tea blending, and thus we do not grow any of the tea leaves used in our blends. We carefully source high-quality tea leaves and ingredients from trusted suppliers and combine them to create unique blends that are packaged and distributed by our brand. As with all food products, we encourage our customers to read and follow any product labels, packaging inserts, and instructions, including any warnings or allergen information. It is important to review the ingredients list to avoid any personal allergic reactions or side effects. If you have any concerns regarding any of our products, we advise you to contact us directly.

GENERAL TERMS OF USE FOR OUR WEBSITE AND ALL QI & TEA SERVICES

Eligibility to Use the Website and Qi & Tea Services

General: You may access the website from anywhere in the world without incurring any fees.

Residency: The website is available to anyone in the world. The Qi & Tea Services, Offers and Giveaways are available to anyone in the United States. We make no guarantee that you will be eligible to receive every product we sell or distribute.

Fees: It's free to use the website, but the Services requires that you pay a fee.

Age: You are not authorized to access or use the website or any Qi & Tea Service if you are under 16 years old. Individuals under 16 years old must at all times use the website and Qi & Tea Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the website user (or Qi & Tea Member, if applicable) and will be responsible for any and all use of the website and the Services by the individual under 16.

Compliance: To be eligible to use the website and the Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the website is void where prohibited by law. You must also comply with these Terms, the Qi & Tea policy documents described below (if applicable to your use of the website or the Services), and all other operating rules, policies, and procedures that we may publish from time-to-time on the website, each of which is incorporated herein by reference and each of which Qi & Tea may update from time-to-time without notice to you. These documents include the Privacy Policy, Cookie and Tracking Policy, Qi & Tea Copyright and Intellectual Property Policy, and any other Guidelines.

Certain Qi & Tea Services may be subject to additional terms and conditions that we may post on the website from time-to-time. To be eligible for such Services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement.

Qi & Tea's Right to Revoke, Suspend, or Restrict Eligibility: Qi & Tea reserves the right, in its sole discretion, to cancel unconfirmed, inactive, or unpaid accounts. It may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the website or any Service. If Qi & Tea bans you from the website or any Service, you may not return to the website or use that Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the website or use the Service after you've been banned, you will be deemed to have breached this Agreement, and we reserve the right to pursue all rights and remedies available at law or in equity with respect to such breach.

Member Account, Password, & Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify us of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each session. Qi & Tea by will not be liable for any loss or damage arising from your failure to comply with this Section.

Account Information: In the course of your use of the website or the Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up to date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. Our Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

Account Transfer Prohibited: You may not transfer or sell your Qi & Tea account or username to any other party. You are fully responsible for all activity of your account and username.

General Practices Regarding Website Use & Storage: You acknowledge that Qi & Tea may establish general practices and limits concerning website use and storage. You agree that we have no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the website maintains or transmits. You acknowledge that Qi & Tea may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

Website Content: Other than content submitted to Qi & Tea website or Social Media (“Online Community”) by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the website, and the compilation of the Website Content, code, data, and materials (collectively, "Website Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Website Content, we have secured a license from the owner or licensor of such Website Content granting us the right to display it on the website. Your use of the website does not grant you ownership of any kind in any Website Content. Except as provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Website Content without our prior written permission.

You may access and view the Website Content and make single copies or prints of the Website Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to any Qi & Tea Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the Qi & Tea Online Community and you submit User Content at your own risk.

Qi & Tea does not claim ownership rights in your User Content. When you submit User Content to any Qi & Tea Online Community you grant us a license to use such content, but you retain ownership.

By uploading User Content on the website, you grant Qi & Tea a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or not currently known. You agree to allow Qi & Tea to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way Qi & Tea chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

Re-Posting User Content: It's possible for an outside website or third-party to re-post your User Content. You agree to hold Qi & Tea harmless for any dispute concerning such re-posting. Qi & Tea assumes no responsibility for any third-party's intellectual property infringement of User Content.

Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the Qi & Tea Online Community or through the Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or Services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear through the Services, if any, are the property of their respective owners. Nothing contained on the website grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed throughout the Services without our written permission or that of the third-party rights holder.

Prohibited User Conduct: You agree that while using the website and the Services, you shall not: (1) submit any content to the website that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Qi & Tea, its affiliates, or another user; (3) misrepresent your affiliation with any third-party; (4) post or republish third-party advertising on any part of the Qi & Tea Online Community; (5) attempt to gain unauthorized access to other computer systems through the website; or (6) use the website or the Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

Information on the Qi & Tea Online Community: We control and operate the website from the United States. Qi & Tea does not control User Content postings to the remainder of the Qi & Tea Online Community. The views expressed in the Qi & Tea Online Community do not necessarily reflect or represent the views of Qi & Tea, its staff or affiliates.

Qi & Tea reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the Qi & Tea Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. Qi & Tea also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact us. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact us at the same link. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.

Linking to the Website: You agree that any time you link to the website from another website, such link must connect to the full version of an HTML formatted website page. You are not permitted to link directly to any image hosted on the website, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website. You agree not to link to the website in any manner such that the website or any website page is "framed", surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the website be discontinued and that the link open in a new browser window. We may revoke your right to link to the website from any other website at any time upon written notice to you.

Fees & Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to us as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Qi & Tea does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

Automatic Renewal Terms: For the Services that may be subject to automatic renewal, you agree that Qi & Tea may submit periodic charges without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before Qi & Tea could reasonably act.

Our total price for the Qi & Tea products will include the price of the products plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with us and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

Unless otherwise indicated, our total price for any Service involving your purchase of a product will not include shipping and handling fees. Qi & Tea shipments are not available to patrons or Members outside of the United States.

Risk of Loss: A third-party carrier will ship any merchandise you purchase from our website. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the website or other Service provided by Qi & Tea is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before consuming any product. When appropriate, you should seek independent professional advice.

WARRANTY DISCLAIMER: QI & TEA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE WEBSITE AND THE SERVICES "AS IS", "AS AVAILABLE", AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. QI & TEA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM QI & TEA TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

YOU AGREE THAT YOUR USE OF THE WEBSITE, THE QI & TEA ONLINE COMMUNITY, AND THE SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT QI & TEA HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

LIMITATION OF LIABILITY: IN NO EVENT SHALL QI & TEA OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD-PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE LIABILITY OF QI & TEA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD-PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY: YOU AGREE TO INDEMNIFY AND HOLD QI & TEA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD-PARTY. QI & TEA RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM.

LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND QI & TEA HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Qi & Tea agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Services, or any products purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

LEGAL DISPUTES: YOU AND QI & TEA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND QI & TEA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Legal Disputes: Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.

You and Qi & Tea each agree that any and all disputes or claims that have arisen or that may arise between you and Qi & Tea relating in any way to or arising out of this or previous versions of this Agreement, your use of the website or the Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at: www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "Arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate in this Legal Disputes Section. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the State of California as set forth in the Section "Choice of Law". Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.

Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and Qi & Tea must be resolved exclusively by a state or federal court located in California. You and Qi & Tea agree to submit to the personal jurisdiction of the courts located within Texas for the purpose of litigating all such claims or disputes.

Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and Qi & Tea's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that Qi & Tea may publish from time to time on the website, constitutes the entire agreement between you and Qi & Tea concerning your use of the website and the Services. Qi & Tea reserves all rights not granted under this Agreement.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and Qi & Tea are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to Qi & Tea must be given by email at: sipsiphooray@qiandteas.com, Attention: Legal Department. Any notice to you may be given: (1) to the email address you provide to Qi & Tea during registration or when your email address changes, in which case notice will be deemed sufficient 24-hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to us, in which case notice will be deemed sufficient three days after the mailing date. For intellectual property issues, please provide notice as specified in Qi & Tea's Copyright and Intellectual Property Policy.

Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

MODIFICATIONS TO THESE TERMS

We may change the Terms at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms for revisions. Changes in the Terms will be effective when posted. If Qi & Tea makes a material change, we will notify you here in this Terms Agreement or by any other means we deem appropriate. Qi & Tea may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your continued use of the website after we have modified this posting will constitute your acceptance of any changes.