1. The tbdtea.com Site

Welcome to the website at www.tbdtea.com (the “Service”), a unique site connecting you to people and products relating to tea.  The Service is owned by Frank Enterprises LLC (“Frank Enterprises” or “us”).  These Terms of Use (“Terms”) apply to your use of the Service. If you wish to use the Service, even if you only browse the Service and do not register, you must agree to these Terms.  If you do not agree to the Terms, any use of the Service by you is unauthorized, and you should stop accessing the Service immediately.  Your continued use of the Service constitutes assent to these Terms.  Registering as a tbdtea.com user will allow you to post materials for other users to access (“Content”).

2. Restrictions on Activities

You agree not to make any use of the Service for any activity: a) that is unlawful (whether criminal or tortious) under the laws of any jurisdiction to which you or Frank Enterprises are subject, including, but not limited to artificial manipulation of the price of items offered for sale; b) that constitutes competition with the Service; c) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; d) that automates your use of the Service, including using scripts to post or send comments; or e) that interferes with the operation of the Service or places an undue burden on it.

3. Restrictions on Content

You agree not to make any use of the Service to post or transmit any Content that: a) is unlawful under the laws, statutes, ordinances, or regulations (“Laws”) of any jurisdiction to which you or Frank Enterprises are subject; b) promotes activity that is unlawful under the Laws of any jurisdiction to which you or Frank Enterprises are subject; c) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations), all as determined by Frank Enterprises in its discretion; d) includes insider information, or any other proprietary or confidential information; e) is an infringement of any patent, trademark, trade secret, copyright , publicity right, or other intellectual property right; f) is falsified, deceptive, or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content, or lacking author attribution, copyright notice, or any other information necessary to make the Content not misleading; g) holds Frank Enterprises  or any of its employees, owners or agents up to public scorn or ridicule;  h) contains or transmits any viruses, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, packet bombs, cancelbots, or other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.  The foregoing list is not necessarily exhaustive of types of Content we may deem inappropriate for the Service, in our discretion.

4. Representations About Content

You agree to be responsible for all Content posted to the Service under your username or password.  You represent and warrant to Frank Enterprises that you are either the owner of any Content posted under your username and password on the Service, or that you have all the rights necessary to grant the license set out in Section 6 of these Terms.  You agree to pay any royalties or other sums owing to any third party for Content posted by you or under your password and to indemnify and hold harmless Frank Enterprises from any claims, costs, or liability incurred as the result of your violation of these Terms.

5. License to Content

You retain all ownership rights in any Content posted or transmitted by you through the Service to which you are entitled by law and Frank Enterprises does not claim any ownership rights in any Content posted or transmitted by you through the Service.  However, when you post any Content to the Service, you grant to Frank Enterprises a nonexclusive, fully paid, royalty-free license to use, distribute, reproduce, modify, adapt, and publicly display or perform such Content on the Service.  It is necessary for you to grant this license in order for Frank Enterprises to operate the Service.  You may terminate the license to any particular Content by requesting that the compliance officer delete it from the Service.

6. Monitoring of Content

Frank Enterprises has no obligation to monitor user Content.  However, Frank Enterprises has the right and ability to perform such monitoring, and the right (but not the obligation) to reject or remove Content violative of these Terms.

7. Our Content: Copyrights and Trademarks

Other than Content posted by users, all content of this site or the Service is the property of Frank Enterprises or its content suppliers and is protected by United States and international copyright laws.  The compilation of such content is also the exclusive property of Frank Enterprises and is likewise protected by U.S. And international copyright laws.

The name “tbdtea” and the tbdtea logo are trademarks of Frank Enterprises and may not be used in connection with the products or services of others in any manner that is likely to cause confusion.  All other trademarks not owned by Frank Enterprises that appear on this site are the property of their respective owners.

8. Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU “AS-IS” AND “AS-AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT.  Frank Enterprises does not warrant that the Service will be available at any given time, secure, accurate, or free of error.  You use the Service at your own risk, and you assume the risk that the Services may provide incorrect information to you.  Frank Enterprises makes no warranty of any kind with respect to user-generated Content and specifically disclaims the implied warranties of merchantability, fitness, accuracy, and noninfringement with respect to such Content.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL FRANK ENTERPRISES BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF FRANK ENTERPRISES IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.  THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.  Notwithstanding the foregoing, the potential liability of Frank Enterprises to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to Frank Enterprises for your use of the Service.

9. No Guaranteed Availability

Frank Enterprises reserves the right at any time and from time to time to modify or discontinue the Service (or any of its parts), temporarily or permanently, with or without notice to you.  You agree that Frank Enterprises will not be liable to you for any modification, suspension, or discontinuance of the Service.

10. Termination of Service to You

You agree that Frank Enterprises, in its sole discretion, may terminate your password, account (or any of its parts), or use of the Service, and remove and discard any content within the Service for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms.  You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that Frank Enterprises will not be liable to you for any termination of your access to the Service.

11. Indemnity

You agree to indemnify, defend, and hold harmless Frank Enterprises and its officers, owners, employees and agents from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of your use of the Service.

12. Copyright Notice and Takedown Policy

If you are a copyright owner and you believe your work has been copied and used improperly on Frank Enterprises’ service, please contact our copyright compliance officer.  Please provide the following information: a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) description of the work you claim has been infringed and the location of the alleged infringement on the Frank Enterprises Service; c) your contact information including address, telephone number, and e-mail address; and d) a written statement that you have a good faith belief the accused usage is infringing; and e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.

Contact our copyright compliance officer: Copyright Compliance, c/o Frank Enterprises LLC, 1927 NE Clackamas Street, Portland, Oregon  97232, telephone (503) 475-9749.

13. Severability and Waiver

The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Frank Enterprises of strict performance of any provision of these Terms is not a waiver of or prejudice Frank Enterprises’ right to require strict performance of the same provision in the future or of any other provision of these Terms.

14. Entire Agreement

These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms and the Privacy Policy, also posted on the Service.  No modification of these Terms will be valid unless in writing and signed by both.