Terms of Service

Overview

This website is operated by Snarky Tea, LLC ("Snarky Tea," "we," "us," or "our"). Throughout the site, the terms "we," "us," and "our" refer to Snarky Tea, LLC. Snarky Tea offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service" or "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Section 1 – Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you have given your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 – General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

Section 3 – Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. We reserve the right to modify the contents of this site at any time.

Section 4 – Modifications to the Service and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 – Products or Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We reserve the right to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Section 6 – Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 – Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind. Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

Section 8 – Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites, and we will not have any liability or responsibility for any third-party materials, websites, products, or services.

Section 9 – User Comments, Feedback, and Other Submissions

If you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation to maintain any comments in confidence, pay compensation for any comments, or respond to any comments.

Section 10 – Personal Information

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using this site, you consent to the data practices described in our Privacy Policy, including our use of tracking technologies such as the Meta Pixel, TikTok Pixel, Google Analytics, and Klaviyo as described therein.

Section 11 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice.

Section 12 – Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content for any unlawful purpose; to violate any international, federal, state, or local laws; to infringe upon or violate our intellectual property rights or the intellectual property rights of others; to harass, abuse, insult, harm, defame, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code; to collect or track the personal information of others without consent; or to interfere with or circumvent the security features of the Service or any related website.

Section 13 – Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied.

In no case shall Snarky Tea, LLC, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, or replacement costs, arising from your use of any of the service or any products procured using the service. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 – Indemnification

You agree to indemnify, defend, and hold harmless Snarky Tea, LLC and our officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.

Section 15 – Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 – Termination

These Terms of Service are effective unless and until terminated by either you or us. We may terminate this agreement at any time without notice if in our sole judgment you fail to comply with any term or provision of these Terms of Service.

Section 17 – Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

Section 18 – Dispute Resolution and Binding Arbitration

Agreement to Arbitrate: You and Snarky Tea, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services or purchase of products (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Arbitration Provider: Any arbitration between you and Snarky Tea, LLC will be administered by New Era ADR pursuant to its rules and procedures, which are available at www.neweraadr.com. New Era ADR's rules will govern payment of all arbitration fees.

Arbitration Procedures: Arbitration will be conducted in English. The arbitration will be conducted in Bucks County or Montgomery County, Pennsylvania, or at such other location as may be mutually agreed upon. The arbitrator will have authority to award any remedy that would otherwise be available in a court of law.

Class Action Waiver: YOU AND SNARKY TEA, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out: You may opt out of this arbitration agreement by notifying us in writing within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you want to opt out of this arbitration agreement. Send your opt-out notice to: customerservice@snarkytea.com.

Exceptions: Notwithstanding the foregoing, nothing in this Section will be deemed to waive, preclude, or otherwise limit either party's right to bring an individual action in small claims court, seek injunctive relief in aid of arbitration, or file suit in a court of law to address an intellectual property infringement claim.

Section 19 – Changes to Terms of Service

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 – SMS / Text Messaging Terms

The Snarky Tea mobile message service (the "Service") is operated by Snarky Tea, LLC. Your use of the Service constitutes your agreement to these mobile terms. We may modify or cancel the Service or any of its features without notice.

By consenting to Snarky Tea's SMS/text messaging service, you agree to receive recurring marketing and service-related SMS/text messages from and on behalf of Snarky Tea through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Snarky Tea. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply.

Time Zone Notice: We make reasonable efforts to send SMS messages only between 8:00 a.m. and 9:00 p.m. in the recipient's local time zone. If you believe you have received a message outside of these hours, please contact us immediately at customerservice@snarkytea.com.

You may opt out of the Service at any time. Text the single keyword command STOP to +18338845052 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.

For Service support or assistance, text HELP to +18338845052 or email customerservice@snarkytea.com.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service.

For more information, please review our Privacy Policy and these Terms of Service.

Section 21 – Entire Agreement

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

Section 22 – Contact Information

Questions about the Terms of Service should be sent to us at:

Snarky Tea, LLC
2930 Turnpike Drive, #7-8
Hatboro, PA 19040
Email: customerservice@snarkytea.com
Website: snarkytea.com