This Agreement applies to all Site visitors and users of the Site or Harbor Leaf Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any Harbor Leaf Service. If you have any questions, please contact us at https://harborleaf.com/contact.
Harbor Leaf operates an online tea service on the Site and on social networking platforms such as the Harbor Leaf Facebook® page, the Harbor Leaf Instagram Page, the Harbor Leaf Pinterest Page, the Harbor Leaf Twitter® feed, and the the Harbor Leaf YouTube channel (collectively, the "Harbor Leaf Online Community"). Our community is a place for you to express your interest in and curiosity about tea.
Harbor Leaf offers its community members two tea services: Tea Subscriptions, and direct product sales (collectively, the "Harbor Leaf Services").
If you create an account on our Site, you become a "Harbor Leaf" Account Holder. There is no payment required to become a Harbor Leaf Account Holder.
You are not required to use social media to become a Harbor Leaf Account Holder. We hope you share your unique tastes with other Harbor Leaf Account Holders in the Harbor Leaf Online Community, but you are not required to do so.
Harbor Leaf doesn’t manufacture any of the products we send to you. Ingredients, when known, will be listed on the product page for the individual product page. It is your responsibility to review the ingredients to avoid allergic reactions or other side effects personal to you.
U.S. residents who want to report a concern regarding any product obtained from any source can contact the U.S. Food and Drug Administration.
Eligibility to Use the Site and Harbor Leaf Services
General: You may access the Site from anywhere in the world without incurring any fees. However, you will be required to join Harbor Leaf and be a legal resident of the United States to use or participate in certain Site features and Harbor Leaf Services.
Residency: The Site is available to anyone in the world, but the Harbor Leaf Services are limited to legal residents of the United States. The Harbor Leaf Subscription service is only available to residents 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 Site, but the Subscription service requires that you pay a fee.
Age: You are not authorized to access or use the Site or any Harbor Leaf Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Harbor Leaf 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 Site user (or Site member or Harbor Leaf subscriber, if applicable) and will be responsible for any and all use of the Site and Harbor Leaf Services by the individual under 18.
Harbor Leaf's Right to Revoke, Suspend, or Restrict Eligibility: Harbor Leaf reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Harbor Leaf may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Harbor Leaf Service. If Harbor Leaf bans you from the Site or any Harbor Leaf Service, you may not return to the Site or use that Harbor Leaf 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 Site or use the Harbor Leaf Service after you've been banned, you will be deemed to have breached this Agreement, and Harbor Leaf reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify Harbor Leaf 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 Site session. Harbor Leaf 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 Site or Harbor Leaf 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.
Account Transfer Prohibited: You may not transfer or sell your Harbor Leaf account or username to any other party. You are fully responsible for all activity of your Harbor Leaf account and username.
General Practices Regarding Site Use and Storage: You acknowledge that Harbor Leaf may establish general practices and limits concerning Site use and storage. You agree that Harbor Leaf has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Harbor Leaf may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
You may access and view the Site Content and make single copies or prints of the Site 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 Harbor Leaf 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 Harbor Leaf Online Community and you submit User Content at your own risk.
Harbor Leaf does not claim ownership rights in your User Content. When you submit User Content to any Harbor Leaf Online Community you grant us a license to use such content, but you retain ownership.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Harbor Leaf harmless for any dispute concerning such re-posting. Harbor Leaf 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 Harbor Leaf Online Community or through the Harbor Leaf 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 Harbor Leaf Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed throughout Harbor Leaf Services without our written permission or that of the third-party rights holder.
Prohibited User Conduct: You agree that while using the Site and Harbor Leaf Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Harbor Leaf, its affiliates, or another Harbor Leaf user; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Harbor Leaf Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or Harbor Leaf 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 Harbor Leaf Online Community: We control and operate the Site from the United States. Harbor Leaf does not control User Content postings to the remainder of the Harbor Leaf Online Community. The views expressed in the Harbor Leaf Online Community do not necessarily reflect or represent the views of Harbor Leaf, its staff or stylists.
Harbor Leaf reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the Harbor Leaf Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. Harbor Leaf 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 Harbor Leaf at harborleaf.com/contact. 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 Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site 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 Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Harbor Leaf Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to Harbor Leaf as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Harbor Leaf 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 Harbor Leaf Services subject to automatic renewal, you agree that Harbor Leaf 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 Harbor Leaf could reasonably act.
Our total price for the Harbor Leaf Month-to-Month Subscription involving your purchase of a tea product (Subscriptions) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Harbor Leaf 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 Harbor Leaf Service involving your purchase of a product will include shipping and handling fees. Harbor Leaf Box shipments to anywhere outside of the United States are subject to a shipping fee.
Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. 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 Site or other Service provided by Harbor Leaf is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, pacging inserts and instructions, and manufacturer directions and warnings before consuming any product. When appropriate, you should seek independent professional advice.
Warranty Disclaimer: HARBOR LEAF AND HARBOR LEAF'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND HARBOR LEAF SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. HARBOR LEAF AND HARBOR LEAF'S 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 HARBOR LEAF 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 SITE, THE HARBOR LEAF ONLINE COMMUNITY, AND THE HARBOR LEAF SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT HARBOR LEAF HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Limitation of Liability: IN NO EVENT SHALL HARBOR LEAF OR HARBOR LEAF'S 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 SITE OR HARBOR LEAF SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF HARBOR LEAF AND HARBOR LEAF'S 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 PAY TO HARBOR LEAF 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 HARBOR LEAF 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. HARBOR LEAF 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 HARBOR LEAF'S DEFENSE OF SUCH CLAIM.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND HARBOR LEAF HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Harbor Leaf 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: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND HARBOR LEAF 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 HARBOR LEAF 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: Mandatory Arbitration.
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 Harbor Leaf each agree that any and all disputes or claims that have arisen or that may arise between you and Harbor Leaf relating in any way to or arising out of this or previous versions of this Agreement, your use of the Site or 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 Kansas, 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 Harbor Leaf must be resolved exclusively by a state or federal court located in Kansas. You and Harbor Leaf agree to submit to the personal jurisdiction of the courts located within Kansas 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 Kansas 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 Harbor Leaf's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
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 Harbor Leaf 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 Harbor Leaf must be given by postal mail to Harbor Leaf, Attention: Legal Department, 800 Massachusetts Street, Lawrence, KS 66044. Any notice to you may be given: (1) to the email address you provide to Harbor Leaf 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 Harbor Leaf, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in Harbor Leaf’s Copyright and Intellectual Property Policy.
Survival: The provisions of this Section shall survive termination or expiration of this Agreement.