Условия обслуживания

Tisane pharmacy LLC
Website Terms of Use (U.S.)
Last Updated: July 28, 2020
1. Terms of Website Use
These are the terms of use ("Terms of Use") for your use of services or features on the site at www.tisanepharmacy.com (the "Site") owned and controlled by Tisane Pharmacy LLC .
You may be accessing our Site from a computer or mobile phone or other portable device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access.
We also like to interact with you on third party sites where we post content or invite your feedback, such as Facebook, Twitter, Instagram, and YouTube ("Third Party Sites"). We do not control these Third Party Sites, and these Terms of Use do not apply to companies that Tisane Pharmacy LLC does not own or control, or to the actions of people that Tisane Pharmacy LLC does not employ or manage. You should always check the terms of use posted on Third Party Sites.
Tisane Pharmacy reserves the right to change or modify any of the terms and conditions contained in these Terms of Use at any time, without notice, and in its sole discretion. If we decide to change these Terms of Use, we will post a new version on the Site and update the date set forth above. Any changes or modifications to these Terms of Use will be effective upon the posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications and if you do not agree with these changes or modifications, you must immediately cease using the Site. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.
By proceeding to use our Site, you confirm that you accept these Terms of Use and our Privacy Policy and that you agree to comply with them. Please read these Terms of Use carefully before you start to use our Site. We recommend that you print a copy for future reference.
If you do not agree to these Terms of Use, you must not use our Site.
THE SECTION BELOW ENTITLED "DISPUTES'' CONTAINS PROVISIONS WHICH WAIVE YOUR ABILITY (i) TO HAVE YOUR DISPUTE HEARD BEFORE A JURY AND (ii) TO BRING A CLASS ACTION. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
2. Copyright and Ownership of Rights
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is of all content on the Site is the exclusive property of Tisane Pharmacy LLC and is protected by U.S. and international copyright laws. All software used on the Site is the property of Tisane Pharmacy LLC or its software suppliers and is protected by U.S. and international copyright laws. Any use of this Site or its contents, including copying or storing it or them in whole or in part other than for your own personal, non-commercial use is prohibited without our prior permission in each instance. You may not modify, delete, distribute or post anything on this Site for any purpose.
3. Intellectual Property
TisanePharmacy.com and other trademarks, logos and service marks as well as all page headers, custom graphics and button icons are registered and unregistered service marks, designs, trademarks, and/or trade dress ("Intellectual Property") of Tisane Pharmacy LLC and may not be used in connection with any product or service that is not offered by Tisane Pharmacy in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All Intellectual Property displayed on our Site is protected by trademark laws in the United States. Except in connection with placing an order for merchandise or as required by applicable law, you may not use, reproduce, duplicate, copy, sell, resell, access, modify or otherwise exploit our Intellectual Property or that of our suppliers without our or their prior written consent.
4. Accuracy of Content
We have made every effort to display our products as accurately as possible however, as the actual colors you see will depend on your personal computer equipment, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the merchandise on delivery. To the extent permitted by applicable law, Tisane Pharmacy disclaims all warranties, express or implied, as to the accuracy of the information contained in any of the materials on this Site. We are not responsible for the content of any Third Party Sites. Links appearing on this Site are for your convenience only and are not an endorsement by us of the content, products, services or suppliers connected therewith. We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Site or in Third Party Sites.
5. Damage To Your Computer
Tisane Pharmacy LLC makes every effort to ensure that this Site is free from viruses and defects. However, we cannot guarantee that your use of this Site or any websites accessible through it (including Third Party Sites) will not cause damage to your computer. It is your responsibility to ensure that the correct equipment is available to use the Site and screen out anything that may damage it. Tisane Pharmacy will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this Site.
6. Mobile Services
If you access the Site via your mobile phone, we do not currently charge for this access. Please be aware that your carrier's normal rates and fees, such as text messaging fees or data charges, will still apply.
7. Limitation of Liability
The Site and its content and services are presented "AS IS". To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content or services, whether express or implied.
We will not be liable to any user for any loss or damage in contract, warranty or in tort (including negligence) arising under or in connection with:
  • use of or inability to use our Site; or
  • inaccuracies or omissions in any content displayed on our Site.
In particular, we will not be liable in contract, warranty or in tort (including negligence) for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect, special, incidental or consequential loss or damage.
We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes. You may not sell or resell any products you purchase or otherwise receive from Tisane Pharmacy LLC. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Tisane Pharmacy LLC in its sole discretion.
8. Indemnification
You agree to defend, indemnify and hold harmless Tisane Pharmacy LLC (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers) from all claims, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and nature, known and unknown, including reasonable legal fees, arising out of (a) your use of and access to the Site in violation of any term of these Terms of Use; (b) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (c) any claim that any conduct by you caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your use of the Site.
9. Prohibited uses
You may use our Site for lawful purposes only. You may not use our Site:
  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below;
  • to transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation ('spam');
  • to knowingly transmit any data or send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein; or
  • to interfere with or disrupt the Site or servers or networks connected to the Site or to disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers.
You also agree:
  • not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use; and
  • not to access without authority, interfere with, damage or disrupt:
  • any part of our Site;
  • any equipment or network on which our Site is stored;
  • any software used in the provision of our Site; or
  • any equipment, network or software owned or used by any third party.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable solicitors' fees, resulting from any third-party claim, action, or demand resulting from your unlawful use of the Site in violation of these Terms of Use. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
10. Submission of Information
We welcome your enquiries or feedback on the merchandise you use or might like to purchase. However, it is our policy to decline any unsolicited suggestions or ideas. Any enquiries, feedback, suggestions, ideas or other information you provide to us ("Information") will be treated as non-confidential and non-proprietary. Subject to our Privacy Policy, by providing us with any such unsolicited Information you hereby grant Tisane Pharmacy LLC a non-exclusive and royalty-free right to use, reproduce, modify, adapt, publish, sell, assign, translate, transfer, sub-license, create derivative works from, distribute and display the Information in any form, media or technology and whether alone or as part of other works. You also agree that your Information may not be returned and we may use your Information and any ideas, concepts or know-how contained therein, for any purpose. Furthermore, if you send us any such Information you represent and warrant that you own or otherwise are entitled to any and all rights to the Information and that your Information does not contain or constitute software viruses, commercial solicitation, chain letters, mass mailings or 'spam' in any form. You may not impersonate any person or entity or use any false e-mail address or otherwise mislead Tisane Pharmacy LLC as to the origin of the Information submitted and you agree to indemnify Tisane Pharmacy LLC and hold Tisane Pharmacy LLC harmless from and against any claims arising from your claims and/or any third party claims to any rights in any such Information.
11. Non-waiver
No failure to exercise and no delay on the part of Tisane Pharmacy LLC in exercising any right, remedy, power or privilege of Tisane Pharmacy LLC under these Terms of Use and no course of dealing between us shall be construed or operate as a waiver, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege on the part of Tisane Pharmacy LLC.
12. Reservation of Rights
We reserve the right, at any time, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to and use of the Site. Tisane Pharmacy LLC may access, preserve and disclose your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any actions by you violate the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Tisane Pharmacy LLC and its employees, its users and the public.
13. Questions
If you have any questions regarding these Terms of Use please contact us by email at info (at) tisanepharmacy.com or write to us at Tisane Pharmacy 340 East 86 street , New York, NY 10028.
The Site is created and controlled by Tisane Pharmacy LLC in the State of New York, U.S.A. As such, the laws of the State of New York will govern these Terms of Use, without giving effect to any principles of conflicts of laws. Tisane Pharmacy LLC reserves the right to make changes to the Site and these Terms of Use at any time.
Digital Millennium Copyright Act (DMCA)
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide Tisane Pharmacy LLC designated copyright agent the following written information in accordance with the DMCA:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed upon;
  • a description of where the material that you claim is infringing is located on the Site;
  • a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • your name, address, telephone number and e-mail address (if available); and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
14. Fraud Protection
Program As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your e-mail address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
15. Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms of Use refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info (at) tisanepharmacy.com and discontinue your use of this Site. In such an event, all rights granted to you pursuant to these Terms of Use, including but not limited to the limited licenses set forth herein, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.
16. General
You acknowledge and agree that these Terms of Use constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
17. Disputes
Any claim or dispute between you and Tisane Pharmacy LLC that arises in whole or in part from the Site shall be decided exclusively before a Judge in a court of competent jurisdiction located in New York. YOU WILL NOT HAVE THE RIGHT TO ELECT THAT A JURY DECIDES YOUR CLAIM.
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OF REPRESENTATIVE PROCEEDING.
If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO HAVE A JURY HEAR YOUR CLAIMS. It contains A CLASS ACTION WAIVER.
NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY, YOU AND TISANE PHARMACY LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO WAIVE YOUR RIGHT TO A JURY.
CONSUMER NOTICE: Certain states, like New Jersey, have heightened consumer protection laws that may make certain terms of these Terms of Use inapplicable to you. Specifically, if you are a New Jersey consumer, the terms of the sections titled: Limitation on Liability; Indemnification; and Dispute Resolution do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.