MANTOX TEA TERMS AND CONDITIONS OF USE
THANK YOU FOR CHOOSING MANTOX TEA! PLEASE READ THE FOLLOWING CAREFULLY.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
The Light Square LLC dba MANTOX Tea terms and conditions of use (“agreement”) is owned and operated by Light Square LLC dba MANTOX Tea, organized and existing under the laws of the state of Illinois (“company”) is governed by the policies, terms and conditions set forth below. Please read them carefully. Your (“you” or “user”) use of this site and any order placed on this site signifies your acceptance of the terms and conditions set forth below. It is the responsibility of you, any subscriber, user, customer or prospective customer to read the terms and conditions. These terms and conditions comprise the entire agreement between you and MANTOX Tea. No other agreement whether verbal or written shall be in effect except if agreed to and authorized in writing. By accessing this web site, you agree to be bound by this agreement, all applicable laws and regulations, and further agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site and please do not use MANTOX Tea or our product, and do not place an order.
MODIFICATIONS TO THIS AGREEMENT
MANTOX Tea may modify this agreement from time to time, with or without notice. MANTOX Tea reserves the right to modify, amend or discontinue the terms and conditions of use with or without notice to you at any time by posting the amended terms on our website. If MANTOX Tea posts amended terms on our website, you may not use the site without accepting them except as stated below.
All amended terms shall automatically be effective once posted on our website. MANTOX Tea shall not be liable to user or any third parties should we exercise our right to modify, amend or discontinue this agreement. This agreement may not be otherwise amended except in writing singed by user and MANTOX Tea. Your use of the site constitutes an affirmative agreement by you to abide and be bound by this agreement and its modification.
TERM AND TERMINATION
This agreement is effective immediately upon use of the MANTOX Tea website and upon the posting dates of any subsequent amendments to this agreement for all current users. You may terminate your participation with the MANTOX Tea website at any time for any reason by providing MANTOX Tea with written notice or e-mail notice of termination. Termination is effective only upon MANTOX Tea receipt of such notice.
MANTOX Tea reserves the right at any time, but is not obligated to investigate and terminate your participation in the service if you have misused the MANTOX Tea website, products, or services or behaved in a manner which could be regarded as inappropriate or whose conduct is unlawful or illegal. MANTOX Tea maintains sole discretion to bar your use of the services in the future, for any or no reason. Even after your participation in the service is terminated, this agreement will remain in effect.
You agree to indemnity, defend, and hold harmless MANTOX Tea and its officers, directors, employees, agents, parents, subsidiaries, affiliates, co-branders, partners and any third parties for any losses, costs, liabilities, damages and expenses (including reasonable attorneys’ fees and costs) that such parties may incur, relating to or arising out of your use of the website or order from the website, including: Your breach of this Agreement or the documents it incorporates by reference; or your violation of any law or the rights of a third party. This indemnification shall be applicable without regard to the negligence of any party, including any indemnified person.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT MANTOX TEA IS ONLY WILLING TO PROVIDE ACCESS TO OUR WEBSITE AND ITS SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES.
MANTOX TEA (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS SUBSIDIARIES, AFFILIATES, CO-BRANDERS, PARTNERS) WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY OUR SERVICES, SERVICE INTERRUPTIONS, LOSS OF GOOD WILL, LOST OPPORTUNITIES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH MANTOX TEA, OUR SERVICES, OUR PRODUCTS OR THIS USER AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF MANTOX TEA, OUR SERVICES OR PRODUCTS, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF MANTOX TEA SERVICES OR PRODUCTS. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, PERSONAL INJURY DAMAGES, DEATH AND OR EMOTIONAL DISTRESS (WHETHER NEGLIGENT OR INTENTIONAL) AND DISCOMFORT. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS SUBSIDIARIES, AFFILIATES, CO-BRANDERS, PARTNERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
All information, material, services or products provided by MANTOX Tea are provided on an “as is” basis without any warranty or condition, express, implied or statutory. MANTOX Tea does not guarantee and does not promise any specific results from use of the information, material, services or products. MANTOX TEA MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES INCLUDING, WITHOUT ANY LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF MANTOX TEA’S INFORMATION, MATERIAL, SERVICES OR PRODUCTS IS SOLELY AT YOUR OWN RISK. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
We do not warrant that your use of the website services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the website services will be corrected, or that the website services are free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability. The information and material which appears on our site could include typographical, photographical, design, or technical errors. We are not responsible or liable in any manner for any content posted on the MANTOX Tea website or in connection with the website service. MANTOX Tea may make any changes or revisions to the information or materials contained on the website at any time without notice to you. However, we do not make any commitment to update the information or materials.
Your use of any third party links, whether or not accessed or learned of from our website is done solely at your own risk. MANTOX Tea is not responsible for the use or contents of any site linked on our website, nor does such a link imply a promotion or endorsement of the site by MANTOX Tea.
In the event that you have a dispute you agree to release MANTOX Tea (and our officers, directors, employees, agents, parents subsidiaries, affiliates, co-branders, partners and any third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
If you are a California resident, you expressly waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Without limiting other remedies, MANTOX Tea may terminate your access to information, material, services or products if you breach this User Agreement or the documents it incorporates by reference; or if MANTOX Tea suspects that you have engaged in any fraudulent activity in connection with the MANTOX Tea website services.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between the User and MANTOX Tea with respect to the subject matter hereof.
ANY DISPUTE OR CLAIM ARISING OUT OF OR IN COLLECTION WITH, THIS AGREEMENT SHALL BE FINALLY SETTLED BY BINDING ARBITRATION IN ILLINOIS, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. IF THE PARTIES CANNOT AGREE, THE DISPUTE OR CLAIM SHALL BE HEARD IN ACCORDANCE WITH THE THEN-CURRENT RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION, BY ONE (1) ARBITRATOR WHO SHALL BY APPOINTED BY THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATOR SHALL APPLY THE LAW OF THE STATE OF ILLINOIS, WITHOUT REFERENCE TO RULES OF CONFLICT OF LAW OR STATUTORY RULES OF ARBITRATION, TO THE MERITS OF ANY DISPUTE OR CLAIM. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. YOU AGREE THAT IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU RELATED IN ANY WAY TO THE MANTOX TEA AND/OR THE SERVICES BE INSTITUTED MORE THAN THREE (3) YEARS AFTER THE CAUSE OF ACTION AROSE.
No Agency is created by this Agreement, partnership, joint venture, employee-employer relationship, independent contractor or franchisor-franchisee relationship is intended or created by this Agreement.
This Agreement shall be governed by the laws of the State of Illinois without regard to choice of law principles. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by MANTOX Tea, in its sole discretion. Sections referring to Services, Liability Limitations, Indemnity, and Binding Arbitration shall survive any termination or expiration of this Agreement.