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Terms Of Use

Welcome to carringtonfarms.com (the “Site”).  The Site is operated by The Carrington Tea Company, LLC (“Carrington”, “we”, “us”, or “our”).

Please read these Terms of Use carefully before using the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time.  Please check these Terms of Use periodically for changes or updates.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you should leave the Site and cease all use of the Site.  Your continued use of the Site signifies that you agree to be bound by these Terms of Use as they are amended.

1.      Ownership and Use of Website Content

The Site and its contents, which include text, graphics, photographs, illustrations, audio, data, code, video, trademarks, taglines, slogans, trade names and any other materials made accessible through the Site (collectively, the “Materials”), are owned or controlled by Carrington or the party otherwise credited as the owner of such Materials. Your use of the Site does not grant you ownership of the Site or any of the Materials. Except as expressly stated herein, none of the Materials may be copied, distributed, downloaded, reproduced, republished or transmitted in any form or by any means without prior written permission of authorized personnel of Carrington. You may not use data-mining, bots or any other techniques to extract information from the Site.

2.      Use Restrictions

You may use the Site and the Materials for personal, noncommercial uses only, provided that you maintain all copyright and other notices contained therein.  Any promotional distribution, publication or other exploitation of the Site or any of the Materials is strictly prohibited unless you have received prior written permission from authorized personnel of Carrington. Other than as expressly allowed herein, you may not download, post, display, copy, publish, distribute, transmit, create derivative work from, sell, or otherwise exploit the Site or any of the Materials. You further agree that you may not alter, remove, edit, delete, or change the meaning, appearance, or repurpose any of the Materials, including, without limitation, the alteration or removal of any trademark, trade names, service marks, or any other proprietary content. You acknowledge that you do not acquire any ownership rights by downloading any copyrighted material made available on or accessed through the Site. You hereby covenant and agree that your use of the Site and any permitted use of Materials shall not infringe any rights of any third parties.

3.      Submitted Content; Privacy

Any creative or original materials or any other creative suggestions, text, sound, music, photographs, graphics, message, videos, ideas, drawings, concepts, marketing plans or any other information that you submit to us electronically or otherwise will be treated in accordance with these Terms of Use and our Privacy Policy. Carrington respects your privacy and permits you to control the treatment of your personal information.  Carrington maintains a Privacy Policy that describes the type of information that Carrington collects from users of the Site and how that information is used.  Carrington’s current privacy policy can be found here.  Carrington’s Privacy Policy is expressly incorporated into these Terms of Use by this reference.

By making a submission to or through our Site, you automatically grant Carrington an unrestricted, non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display, publically perform, transmit and distribute such submission alone or as part of other works in any media, form or technology.

4.      Terms of Sale

All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens. Several factors may cause this, such as variances between processor programs and changes in tax rates.

Carrington and Carrington’s third party payment service provider may receive updated credit card information from your credit card issuer. The disbursement of the updated credit card information is provided to Carrington and Carrington’s third party payment service provider at the election of your credit card issuer. Neither Carrington nor Carrington's third party payment service provider are responsible for the distribution of your credit card information. It is at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card issuer with regards to your right to opt out of the update service.

[For information related to shipping, returns and product acceptance, please refer to the “Shipping & Returns” page of our website here

5.      Alleged Violations

Carrington reserves the right at its discretion at any time and for any reason to terminate your use of the Site.  To ensure that Carrington provides a high quality experience for you and for other users of the Site, you agree that Carrington or its representatives may access and/or review information provided when you comment on the Site on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site.  Carrington reserves the right to terminate your access to the Site immediately, with or without notice to you, and without liability to you, if Carrington believes that you have violated any of the Terms of Use, furnished Carrington with false or misleading information, or interfered with use of the Site by others.

6.      Errors on Our Website

We endeavor to ensure that the information we provide on our Site is accurate, complete and current. Despite our efforts, there may be occurrences when information about a product contains inaccurate or incomplete data, including data about our product ingredients and product availability. Carrington makes no guarantee that information on the Site is error-free, complete or current. We reserve the right to correct and/or update the content on the Site at any time without notice.

7.      Disclaimer of Warranties

Your use of the Site is at your own risk. Carrington is making the Site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site.  To the maximum extent permitted by law, Carrington expressly disclaims any and all warranties, express or implied, regarding the Site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.  Carrington does not warrant that the Site will meet your requirements or that the functional aspects of the Site will be error free or that the Site or the server that makes the Site available are free of viruses or other harmful components. Your sole remedy for any dissatisfaction with the Site is to refrain from using the Site.

The content on the Site is provided for informational purposes only. We do not provide medical advice regarding the diagnosis, prevention, mitigation or treatment of any condition, circumstances or disease, nor do we recommend or endorse any specific tests, physicals, products, opinions, or any other information that may be mentioned on the Site. The Site content is not intended to be a substitute for professional medical advice regarding the diagnosis, prevention, mitigation or treatment of any condition. Never disregard professional medical advice, or delay in seeking such advice, on account of something have you have read on the Site. If you think you may have a medical emergency, call 911 and your doctor immediately.

8.      Limitation of Liability; Indemnification

CARRINGTON’S LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CARRINGTON, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, AGENTS OR ANY OTHER THIRD PARTIES MENTIONED ON THE SITE OR INVOLVED IN CREATING ANY SITE CONTENT BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY MATERIALS PROVIDED TO YOU BY CARRINGTON. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU EXCEPT AS PERMITTED BY LAW.

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Carrington and its directors, officers, employees, consultants, representatives, and agents from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising out of: your use of the Site; any material you transmit using the Site; or your violation, breach or alleged violation or breach of these Terms of Use.

9.      Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Material or content on this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

[Our designated Copyright Agent to receive notifications of claimed infringement is: The Carrington Tea Company, Post Office Box 102, Closter, NJ 07624. Attn: Copyright Agent]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for customer support, and other communications should be directed to our customer service department via our contact us page. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.

10.   Governing Law

Those who choose to access the Site do so at their own risk and on their own initiative and are responsible for compliance with all applicable laws.  These Terms of Use shall be construed in accordance with and shall be governed by the laws of the United States and the State of New Jersey, without reference to their rules regarding conflicts of law.  [Any dispute under these Terms of Use shall be subject to the exclusive jurisdiction of the state or federal courts located in Bergen County, New Jersey, USA, and, by using the Site, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts]

11.   Severability; Waiver

If, for whatever reason, a court of competent jurisdiction determines any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

Lasted updated: May 2017