By virtue of copyright, trademark, international treaties, and other laws, the entire contents of this website are owned by Fresh Steeped. You may not forward or copy any portion of this for any purpose other than your own personal reference.
Certain trademarks, trade names, service marks, graphics, photographs, and logos used or displayed on this website are registered and unregistered trademarks, trade names, service marks, graphics, photographs, or logos belonging solely to Fresh Steeped or its affiliates or licensors. In addition, the arrangement and design of these elements on our website, and the underlying source code, are the sole property of Fresh Steeped. You are forbidden from copying or using these in any manner without the written permission of Fresh Steeped or other owner.
DATA PRIVACY AND SECURITY
We may use a third party credit card merchant to take your payment. This third party will check and process your payment details. There are strict obligations that govern credit card merchants' handling of personal data. However, we cannot be held responsible for actions by this third party. We accept no liability for loss and/or damage that you may suffer as a result of this third party's acts and/or omissions. We advise you to print and retain a copy of each card transaction for future reference.
There is an inherent risk that any communication, whether by e-mail, fax, telephone, or post, can be intercepted by third-parties. We do not accept any liability for external compromise of security and/or confidentiality in relation to transmissions sent by any of these media.
You shall not use this website and any service made available to you via this website to attempt to gain access to and/or interfere with the functioning, operation or security of any network and/or system or in order to monitor a third party's use of the internet.
REFUND/SATISFACTION GUARANTEE POLICY
We are confident that you will be satisfied with the products you have ordered. As a result, except as set forth herein, we offer you a replacement for the products if you are dissatisfied, although we may charge shipping and handling charges for replacements.
In order to qualify for a replacement, you must provide us all the information we ask for, and comply with all other terms specified on this website for such purpose. Please visit our FAQ page for more information.
Replacements are limited to 6 per 12 month period. In order to be eligible for a replacement, your membership may be cancelled. This is at the sole discretion of Fresh Steeped.
Fresh Steeped is not responsible for the content of any websites that link to this one, including such websites that review and/or promote Fresh Steeped products and services. A link to this site from another website does not imply that Fresh Steeped endorses the contents of such websites or accepts the endorsements contained on such websites, or accepts any responsibility for the content or use of such other websites. This site may contain links to websites owned or operated by parties other than Fresh Steeped. Such links are provided for your reference only. Fresh Steeped does not control outside sites and is not responsible for their content nor their conformity to applicable laws. Fresh Steeped’s inclusion of any links to an outside website does not imply any endorsement of the material on that site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Fresh Steeped’s inclusion of the links imply that Fresh Steeped is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site.
IF YOU HAVE A DISPUTE WITH ANY PARTY WHO PROVIDES THIRD-PARTY SERVICES IN CONNECTION WITH, ON, OR THROUGH THE WEBSITE, OR WITH ANY PARTY WHO PROVIDES A WEBSITE LINKED TO ON THE WEBSITE, YOU RELEASE US FROM CLAIMS, DEMANDS AND DAMAGES (INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU ALSO WAIVE CALIFORNIA CIVIL CODE S1542, 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." YOU ALSO WAIVE ANY AND ALL BENEFITS AND RIGHTS THAT WOULD OTHERWISE ACCRUE TO YOU BY REASON OF THE PROVISIONS OF ANY FEDERAL OR STATE STATUTE OR PRINCIPLE OF COMMON LAW OF ANY STATE OF THE UNITED STATES, OR ANY POLITICAL ENTITY OR NATION, PROVINCE OR LOCAL LAW OR REGULATION THAT MAY GOVERN THIS RELEASE, WHICH STATUTE, REGULATION, LAW OR PRINCIPLE PROVIDES IN SUBSTANCE SOMETHING SIMILAR TO CALIFORNIA CIVIL CODE S 1542. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING RELEASE.
No waiver by us of any breach of these Terms shall be considered as a waiver of any subsequent breach of the same provision or other provision. All waivers must be in writing and signed by the party against whom they are asserted.
If any provision of the Terms is held by a legal authority pertinent jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the affected provision shall be unaffected and shall remain in full force and effect and the arbitrator or court shall attempt to enforce the intent of the parties hereto to the full extent allowed by law.
We shall have no Liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance.
All third party beneficiaries are excluded and no third party shall have any right to enforce these Terms.
For this particular Use, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fresh Steeped with respect to this website and the products and services offered and delivered. No modification of this agreement shall be effective unless it is in writing and agreed to by the parties.
The rules of arbitration, as set forth at our ARBITRATION POLICY below shall exclusively govern the enforcement of the Terms between you and us.
These Terms and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties' respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
1. If you are unhappy with any aspects of the services and/or products that we have provided to you or have any queries or comments regarding the service, please email us at CustomerService@FreshSteeped.com.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, users of the Site from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
We agree—both you (and your family members and beneficiaries) and Fresh Steeped (meaning the corporation together with its directors, officers, employees, affiliates, agents, successors or assigns)— that (1) any mutual claim, dispute or controversy, or (2) any claim by either of us against the other on any matter, or (3) any claim arising from or related to this agreement, or (4) any claim arising from the relationships that result from this agreement, no matter against whom made, or (5) any dispute over the applicability of this Arbitration Agreement, or (6) any dispute about the validity of part of or the entire Arbitration Agreement (and hereinafter any or all types of claims, disputes, or controversies shall be referred to as a “Dispute” or “Disputes”), SHALL BE RESOLVED EXCLUSIVELY BY NEUTRAL, BINDING ARBITRATION BY THE NATIONAL ARBITRATION FORUM in the United States, under its Code of Procedure in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is arbitrated (whichever is determined, in the sole discretion of the arbitrator, to be appropriate), except as specified otherwise in this Mutual Arbitration Agreement.
Arbitration hearings will take place in a location as convenient for you as possible subject to the approval of the National Arbitration Forum. To get more information on how to file a claim and obtain relevant forms, please contact the National Arbitration Forum at http://www.adrforum.com/, write to them at P.O. Box 50191, Minneapolis, Minnesota 55405, call them toll-free at 1-800-474-2371, or fax them at 1-952-345- 1160. The identity of the arbitrator shall be determined solely by the National Arbitration Forum, so as to eliminate any undue influence that you or Fresh Steeped can apply to the detriment of the other regarding the choice of arbitrator at the National Arbitration Forum.
In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, you and Fresh Steeped agree that the American Arbitration Association shall arbitrate the Dispute in binding fashion. To contact the American Arbitration Association (at www.adr.org), write to them at The Paramount Building, 1633 Broadway, Tenth Floor, New York, NY 10019, call them at 1-212-484-3266, or fax them at 1-212-307-4387. The identity of the arbitrator shall be determined solely by the American Arbitration Association, so as to eliminate any undue influence that you or Fresh Steeped can apply to the detriment of the other regarding the choice of arbitrator at the American Arbitration Association.
This Mutual Arbitration Agreement is effective pursuant to a transaction involving interstate commerce, and shall be governed by and interpreted under the Federal Arbitration Act. The Act is codified as law at Title 9 of the U.S. Code, sections 1-16. You may review the provisions of the Act at the website of the Office of Law Revision Counsel of the United States House of Representatives.
We both agree that the arbitration shall be conducted before one neutral arbitrator, who shall be selected by the National Arbitration Forum (or by a default arbitration body as set forth above). Any award of the arbitrator may be entered as a judgment in a United States court having jurisdiction as determined in the sole discretion of the arbitrator. In the event that a court having jurisdiction finds any portion of this Mutual Arbitration Agreement unenforceable, that portion shall not be effective, and the remainder of the Mutual Arbitration Agreement shall remain effective.
BOTH PARTIES TO THIS Mutual Arbitration Agreement—YOU AND Fresh Steeped —UNDERSTAND THAT YOU AND WE WOULD HAVE HAD THE RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE OUR CASE, BUT YOU AND WE CHOOSE TO HAVE ANY DISPUTES DECIDED THROUGH ARBITRATION.
We agree that THE ARBITRATION SHALL BE LIMITED SOLELY TO THE DISPUTE BETWEEN YOU AND Fresh Steeped, meaning that the arbitration, or any portion of it, will not be consolidated with any other arbitration, and will not be conducted on a class-wide or class action basis. In other words, WE ARE BOTH WAIVING THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH OTHER PERSONS OR CORPORATIONS WHO MAY HAVE THE SAME OR SIMILAR CLAIMS AGAINST YOU OR AGAINST US. Further, WE BOTH WAIVE THE RIGHT TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, AND WE BOTH WAIVE THE RIGHT TO PARTICIPATE IN ANY MANNER IN A CLASS ACTION EITHER IN A COURT OF LAW OR IN ARBITRATION AGAINST EACH OTHER. THE TERMS OF THIS ARBITRATION AGREEMENT MAY CHANGE WITHOUT NOTICE FROM TIME TO TIME. THE TERMS THAT SHALL BE APPLICABLE TO DISPUTES BETWEEN YOU AND Fresh Steeped SHALL BE THOSE TERMS THAT ARE SET FORTH HERE AT THE TIME THAT THE TRANSACTION OR OCCURRENCE THAT GAVE RISE TO THE DISPUTE OCCURRED.
In the event that, for whatever reason, any portion of a dispute between you and Fresh Steeped is to be determined by a state court, we both agree that any questions arising from or relating to this Mutual Arbitration Agreement, its interpretation, its breach, its termination, its validity, and the relationships that result from this Mutual Arbitration Agreement, or any questions arising from or relating to the marketing, advertising, sales, or any related purchase of products from Fresh Steeped, SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
If you reside outside of the United States, any claims we may have against each other shall be brought before an arbitrator of the National Arbitration Association in New York City, and all the other terms and conditions of this Mutual Arbitration Agreement shall apply to you as if you were a resident of New York City. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to arbitrate the Dispute in binding fashion, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply.
Each party shall pay for its own costs and attorneys' fees, if any. However, if a party prevails on a statutory claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Fresh Steeped recognizes that the size of a claim against it may be relatively minor compared to the expense in bringing and maintaining an arbitration action, and Fresh Steeped recognizes that, by this Mutual Arbitration Agreement, we have both waived our rights to proceed against each other on a class action basis, whether in litigation or arbitration. Although this Mutual Arbitration Agreement is reciprocal in every respect, we understand that unequal bargaining power may exist between you and Fresh Steeped in making this agreement. Therefore, in light of our mutual waiver of the opportunity and right to litigate disputes through a court and to have a judge or jury decide the case, and in light of our mutual waiver of the opportunity and right to proceed against each other in class-wide litigation or class-wide arbitration, we remind you that you can always contact CustomerService@FreshSteeped.com. In addition, we would also be happy to try to settle our dispute via mediation before proceeding to binding arbitration.
If you wish to try mediation before binding arbitration, then you and Fresh Steeped hereby agree that any and every Dispute shall be entertained by a mediator at the National Arbitration Forum (using the contact information provided above for the National Arbitration Forum) strictly between us within 30 days of your asking us for mediation of the dispute. Any such mediation shall be held in the location designated by the National Arbitration Forum, and shall be conducted according to the mediation rules of the National Arbitration Forum in effect at the time that the cause(s) of the Dispute arose or at the time that the Dispute is mediated (whichever is determined, in the sole discretion of the mediator, to be appropriate). You can review the mediation procedures on the website of the Forum at http://www.adrforum.com/, or by asking the Forum for a copy using the Forum's contact information provided above. In the event that, for any reason, the National Arbitration Forum is unable or unwilling to mediate the Dispute, then the default mechanism as set forth above for determining the arbitration body to resolve the Dispute in binding fashion shall apply, mutatis mutandis, for determining the mediation body, i.e., shall apply giving due consideration to the difference in application between mediation and arbitration.
You and Fresh Steeped hereby further agree that both of us shall endeavor to resolve our mediated dispute in good faith. If, 120 days after the commencement of mediation, we are not successful in resolving the Dispute(s), then you and Fresh Steeped hereby agree that the matter shall be resolved solely by binding arbitration strictly between you and Fresh Steeped according to the terms, conditions, and procedures for this outlined above.
No waiver of any breach of this Mutual Arbitration Agreement shall be considered as a waiver of any subsequent breach of the same provision or other provision.
If any provision of this Mutual Arbitration Agreement is held by any competent legal, arbitral, or regulatory authority with jurisdiction to be invalid or unenforceable in whole or in part, the validity of the other provisions and the remainder of the affected provision shall be unaffected and shall remain in full force and effect.
We shall have no liability to you for any delay in performance to the extent that such delay is due to any event outside our reasonable control including but not limited to acts of God, war, flood, fire, labor disputes, sub-contractor delays, strikes, lock outs, riots, civil commotion, malicious damage, explosion, governmental action and any other similar events. If we are affected by any such event, then time for performance shall be extended for a period equal to the period that such event or events delayed such performance. All third party rights are excluded and no third party shall have any right to enforce this Mutual Arbitration Agreement.
For Disputes that arise from this particular purchase or website browsing/usage, this current Mutual Arbitration Agreement supersedes all prior or contemporaneous communications or proposals, whether electronic, oral or written, between you and Fresh Steeped, whether with respect to this website or any other matter. For Disputes that arise from previous purchases or website browsing/usage, the Mutual Arbitration Agreement terms at the time of the previous purchase or website browsing/usage remain in effect.