Tisane pharmacy LLC
Last Updated: July 28, 2020
1. Terms of Website Use
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.
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 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.
10. Submission of Information
12. Reservation of Rights
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
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.
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.