Terms of Service

Last Updated June 18, 2017
 

By using this website, you accept these Terms of Service. Whenever I refer to “I,” “me,” “Dina Cataldo” or “Sicilian Tea Company,” I am referring to Dina Cataldo and Dina Cataldo dba Sicilian Tea Company.

This site is always evolving; please be aware that I may change these Terms of Service from time to time. By continuing to use this site or my services after I post changes, you accept these Terms of Service, as modified.

I respect your privacy. Please take a moment to read my Privacy Policy.

1. Using Good Judgment

These Terms of Service are intended to make my site safe and fun for everybody. Please bring to my attention any content on the site that you believe is inaccurate, inappropriate or violates these rules. Write to me at Dina@SicilianTeaCompany.com.

Use common sense when you use my or anybody else’s websites. The content that appears on this site is for informational purposes only. Despite efforts to provide useful and accurate information, errors may appear from time to time. Some of the content you find on the site was not created, edited, or posted by me (for example, comments or group postings). Materials posted by third parties on this site represent the views of those third parties and I’m not endorsing them, nor do I guarantee the accuracy of any posting. Though I hope the advertisers, merchants and users you meet through my site treat you honorably and fairly, I can’t vouch for the information, goods, or services they offer. Before you act on information you’ve found on or through this site, confirm facts that are important to your decision. I encourage you to exercise good judgment.

2. Rules for Registration, Submissions and Messages

Registration. In the near future, you will be able to obtain access to certain services and will have an opportunity to register with this site. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the site under the name of, another person.

Submissions and Messages. Responsibility for what is posted in the public forums on this site lies with each user–you alone are responsible for the content of your messages, and the consequences of any such messages. You agree not to use this site to send or submit materials:

a. that are false, inaccurate or misleading;
b. that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
d. that are libelous, threatening or harassing;
e. that are obscene or contain any kind of pornography;
f. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g. that might create liability for me or might cause me to lose (in whole or in part) the services of our Internet service providers or other suppliers;
h. that interfere with the ability of others to enjoy our site;
i. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee of Sicilian Tea Company;
j. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or (ii) you do not have a right to link to or include;
k. that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement); or
l. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.

I make every attempt to review each submission made; however, spam may get through. I do not endorse or guarantee the accuracy or propriety of any submission. I reserve the right, but do not assume the obligation, to restrict or prohibit your use of the site if I believe you’re violating any terms of these Terms of Service and to remove, edit, or relocate any submission as I see fit, whether for legal or other reasons.

I want users to feel free to share their email addresses in public posting areas. Accordingly, you may not use any other user’s information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, “spam,” or other bulk communications or for developing lists. Any such use by you will violate these Terms of Service. Your use of the site is limited to personal, non-commercial purposes.

3. Rights

You acknowledge that:

  1. I permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”) and;
  2. These Terms of Service and applicable copyright, trademark and other laws govern your use of such content.

My Limited License to You. You are free to display and print for your personal, non-commercial use information you receive through this site. I’m all about sharing content. If you are using a blog post, for example, to sell a product, then email me to get permission at Dina@SicilianTeaCompany.com. Other than that, I would love if you shared info you get off my site.

Links. Please encourage others to access the information on our sites. I love it when people link to my site. You are free to establish a hypertext link so long as the link does not state or imply any sponsorship or endorsement of your site by me or make use of a logo without my written consent.

Marks. I don’t want anyone to be confused about which materials and services are provided by me and which are not. You can not use any mark appearing on my site without the prior written consent of the owner of the mark. SicilianTeaCompany.com and all associated logos are marks owned by Sicilian Tea Company.

Your License to Me. By submitting material to or through my site, you grant me and my partners, agents, affiliates and service providers (collectively, “Affiliates”), the non-exclusive right to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. This includes, but is not limited to, any comments or reviews that are made on this website. You agree that I and my Affiliates may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. You also permit any other user to access, display, and print such content for personal use. By submitting material to me, you are representing that such material does not violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner.

Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify me by sending an email to Dina@SicilianTeaCompany.com or by sending a notice by U.S. Mail to: Dina Cataldo, PO Box 191573, Sacramento, CA 95819. Please note that I may access and disclose your personal identification information to address any infringement claim.

Indemnity. You agree to hold me and my affiliates, agents and licensors harmless from any claim that may arise from your use of this site.

4. Third Party Services

As a convenience to you, I may provide links to third-party websites. Those websites and the parties that control them are beyond my control. I make no representations as to the content, quality, suitability, functionality or legality of any sites to which I may provide links, and you hereby waive any claim you might have against me with respect to such sites and their operators. You may order services or merchandise through links on this site from persons not affiliated with Sicilian Tea Company. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. I make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider me – nor will I be deemed – a party to such transactions, whether or not I may have received some form of remuneration in connection with the transaction. I will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.

5. Disclaimer of Warranties

You agree that use of this site is at your sole risk. My site is provided on an “as is” and “as available” basis. I cannot and do not warrant the accuracy, completeness, currentness, non-infringements, merchantability, or fitness for a particular purpose of the information, materials and services available through this site. I do not guarantee that this site is error-free, secure, continuously available or free of viruses or other harmful components.

You agree that if you believe that this site has errors, isn’t secure, is unavailable and/or contains a virus, you will notify me at Dina@SicilianTeaCompany.com immediately.

You agree that if you rely on any data or information obtained through my site, you do so at your own risk. You are solely responsible for any damage or loss resulting from your use of any material and/or data on my site.

This site is provided with the understanding that neither Sicilian Tea Company nor its users, while such users are participating in the site, are engaged in rendering legal, medical, counseling or other professional services or advice. This site isn’t a substitute for professional services or advice.

Sicilian Tea Company, its affiliates, agents, and licensors make no warranty regarding any goods or services referred to, advertised on, or obtained through this site, other than those express warranties made by Sicilian Tea Company made on my order forms.

6. Limitation of Liability

Under no circumstances will Sicilian Tea Company or its affiliates, agents or licensors be liable to you or anyone else for damages arising out of your use of any of our sites, including, without limitation, liability for consequential, special, incidental, indirect, or similar damages, even if we are advised beforehand of the possibility of such damages. You agree that the liability of Sicilian Tea Company, its affiliates, agents and licensors, if any, arising out of any kind of legal claim in any way connected to any of my sites will not exceed the amount you paid us to use the sites. Because some states don’t allow the exclusion of limitation of certain categories of damages, this limitation may not apply to you. In such states, the liability of Sicilian Tea Company, its affiliates, agents and licensors is limited to the fullest extent permitted by such state law.

7. Discontinuance, Modification & Restrictions

I may discontinue, change, suspend, or restrict access to any this site or any portion of this site at any time without liability to you or any third party.

8. Applicable Law & Exclusive Jurisdiction

This site is controlled and operated by Sicilian Tea Company from the state of California in the United States of America. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Service constitute an agreement made in, and to be construed in accordance with the laws of, the State of California without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in Sacramento County, California, in all disputes arising out of or relating to this agreement or this site.

9. Dispute Resolution

You agree not take any legal action against me that relates to or arises out of my websites without first (a) sending me, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with me, in good faith, for not less 60 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to Dina@SicilianTeaCompany.com AND SicilianTea Company, PO Box 191573, Sacramento, CA 95819, or such other designee as I may identify in the future.

In the event that I have a contest, I have complete discretion to select a winner based on the criteria that I’ve designed for the event.

10. Promotions.

Whenever there’s a dispute as to the meaning of a term in a promotion by Sicilian Tea Company, my definition of the term is inviolable. When free shipping is offered on a promotional basis, it means free shipping within the Continental U.S. for the time specified. When I specify a date in a promotion, that means that at 12:00 a.m. of the next day, the promotion expires, i.e., if a promotion tuns until April 15th, then the promotion ends at 12:00 a.m. on April 16th.

11. Miscellaneous

In the event that any provision of these Terms of Service conflict with the law under which these Terms of Service are to be construed or if any provision is held invalid by a court with jurisdiction over the parties to these Terms of Service, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of these Terms of Service, or to exercise any right under these Terms of Service, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.

These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.

How to Contact Me

If you have questions about these Terms of Service, please contact me via email at Dina@SicilianTeaCompany.com with “Terms of Service” in the subject line.