HTEAO WEBSITE TERMS OF USE

Effective Date: November 8, 2024

These Terms of Use (“Terms”) govern your access and use of our website (“Site”) and the services available via that Site (collectively, the “Services”) provided by HTeaO FC, LLC or its affiliates (“HTeaO”, “we”, “our” or “us”) or on behalf of HTeaO by one of our third-party service providers. Use of the Site and any Services via the Site is subject to these Terms.  If you do not agree to these Terms, do not access the Site or any Services.

THESE TERMS CONTAIN AN AGREEMENT BY YOU TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE REVIEW THE ARBITRATION SECTION BELOW SINCE YOU ARE GIVING UP CERTAIN RIGHTS, SUCH AS THE RIGHT TO A JURY TRIAL AND THE RIGHT TO SUE HTEAO IN A CLASS ACTION LAWSUIT.

1. Modifications to these Terms. We may modify these Terms at any time.  Material changes will be conspicuously posted on the Site or otherwise communicated to you.  All changes will be effective upon posting to the Site.  By accessing or using the Site after changes are posted, you agree to those changes.  However, if HTeaO modifies the arbitration provision below, you may reject that change by sending HTeaO written notice to the contact information set forth in these Terms within thirty (30) days of our posting of the change, in which case you must immediately stop using the Site.
2. Privacy Policy. We collect certain information about you when you access and use our Site. Our collection and use of information about you is described in our Privacy Policy. By using our Site, you acknowledge receipt of our Privacy Policy.
3. The Site, including any text, audio, video, graphics, interfaces, icons, software, code, data, documentation, other components and content, and the design, selection, and arrangement of content, and all intellectual property rights in the foregoing (collectively, ”Content”) are exclusively the property of HTeaO or its licensors. HTeaO owns certain trademarks, names, logos, insignia, or service marks (”Marks”), which may appear in the Content. You do not have the right to use any Marks except as expressly agreed to in writing by us. The Site may also contain third-party Marks and third-party copyrighted materials, which are the property of their respective owners. Except for the rights expressly granted to you in these Terms, as between you and HTeaO, HTeaO retains all ownership rights in and to the Site and Content, including all intellectual property rights. Nothing in these Terms grants to you any rights in or to any third-party Marks or materials without such third party’s prior written consent.
4. Intellectual Property Rights. The Site and its Content, including the Marks, are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to HTeaO or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.
5. License to use the Site. Subject to your compliance with these Terms, HTeaO grants to you a limited, non-exclusive, non-transferable, non-sublicensable license, during the term of these Terms (described below), to access and use the Site and Content available via the Site solely for the purposes for which it is made available to you by HTeaO.  No other access or use of the Site or Content is permitted.
6. Modifications to the Site. HTEAO MAY MODIFY THE SITE OR THE SERVICES AND CONTENT AVAILABLE AT THE SITE AT ANY TIME, WITH OR WITHOUT NOTICE TO YOU. HTeaO may release updates and upgrades to the Site in its sole discretion; however, HTeaO does not guarantee that the Site or Content will be kept up to date.  Such changes, updates and upgrades may be accompanied by additional terms and conditions which will be provided to you at such time.
7. Site Information. We provide the information on the Site, such as store information and nutritional information, for general, informational purposes. We do not guarantee it is accurate, up-to-date, or applicable to you. HTeaO in no way guarantees the accuracy or completeness of information on the Site. Content provided on the Site is not an offer for the sale and is provided for informational purposes only.
8. Orders and Online Shop. Orders may be placed online via an account or as a guest. If you place an online order, your order information will be transferred to the applicable location to process your order.  All online orders require payment at the time of purchase.  We have no responsibility for any incorrect payment information or if your bank or credit card company declines or otherwise fails to process your payment. Purchases made on our online shop are subject to our Return Policy.
9. All offers set forth on the Site are void where prohibited and are subject to additional terms pertaining to the offers. The actual offerings and products may differ from those displayed or listed on the Site, are subject to availability, availability may be limited in certain areas, and we may change offerings and products in our sole direction. Prices listed on the Services are subject to change and may be changed by us at any time.
10. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and rules of all relevant jurisdictions, including all applicable rules regarding online conduct.
11. Feedback. If you submit comments or feedback to us regarding the Site or Content, or any other comments, questions, requests, content, or information (“Feedback“), we may use such Feedback without attribution or compensation to you.
12. Restrictions on Your Use of the Site. The following actions are prohibited and are violations of these Terms. 
    • You may not copy, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or Content without HTeaO’s prior written consent. Without limiting the foregoing, you may not copy, or use a copy of, the Site or Content without our prior written consent.  You may not build a website or application of your own, or on behalf of a third party, that copies or uses Content from our Site. 
    • You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time.
    • You may not use the Site, Services, or Content for unlawful purposes.
    • You may not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Services.
    • You may not engage in data mining or similar data gathering or extraction activities from the Site. You may not use the Site to harvest email addresses, names, or other information of the users of the Site or to spam other users of the Site.
    • You may not access, use, or copy any portion of the Site, Services, or Content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
    • You may not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses or malware.
    • You may not engage in activities that aim to render the Site inoperable or to make their use more difficult.
    • You may not frame, mirror, or circumvent the navigational structure of any part of the Site.
    • You may not upload, distribute, transmit, or post anything to or through the Site that: (i) is fraudulent, libelous, obscene, pornographic, indecent, violent, offensive, hate speech, harassing, threatening, defamatory, harms another person, or the like; (ii) invades the privacy of another or includes the confidential or proprietary information of another without their written consent, or (iii) is protected by intellectual property rights without the express prior written consent of the owner of such intellectual property rights.
    • You may not engage in any conduct while using the Site that HTeaO considers inappropriate, unauthorized, or contrary to the intended purpose of the Site.
    • You may not access or use the Site or Content for the purpose of creating a competing product or service, or that is in any way to HTeaO’s detriment.
    • You may not: (i) use or attempt to access an account or login credentials that are not yours, (ii) misrepresent your identity in any way, or (iii) intercept messages without permission.
13. NO WARRANTY. THE SITE, SERVICES AND CONTENT ARE PROVIDED ”AS IS,” “AS AVAILABLE,” AND WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HTEAO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ARISING FROM STATUTE, COURSE OF DEALING OR USAGE IN TRADE. NEITHER ACCURACY NOR RELIABILITY ARE GUARANTEED. HTEAO DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE, SERVICES OR CONTENT. HTEAO DOES NOT WARRANT OR GUARANTEE THAT THE SITE, SERVICES, OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SERVICES OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR SERVICES OR THE SERVERS THAT MAKE THE SAME AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. HTEAO EXPRESSLY DISCLAIMS ALL LIABILITY RELATED TO YOUR DOWNLOADING AND USE OF THE SITE, CONTENT, AND SERVICES, INCLUDING IF IT DAMAGES YOUR DEVICE(S). THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR CONDITIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
14. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HTEAO OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR PROFESSIONAL ADVISORS (COLLECTIVELY, THE ”HTEAO PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES, OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF AN HTEAO PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE, SERVICES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE HTEAO PARTIES’ AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICES, OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, SERVICES, OR CONTENT, EXCEED $50 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. THE LAWS OF CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN DAMAGES OR LIMITATIONS OF LIABILITY.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
15. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE HTEAO PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR USE OF THE SITE, SERVICES, OR CONTENT, (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE, (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER, SUBJECT TO INDEMNIFICATION BY YOU.
16. Third-Party Websites and Content. The Site may link to third-party websites or contain third-party content. We provide links and such content as a convenience to users of our Site. We are not responsible for examining or evaluating the content or accuracy of third-party websites linked through the Site or any third-party services.  HTeaO does not warrant or endorse any third-party website, service, or content. When leaving the Site, it is the applicable third-party’s terms and privacy policy that govern your use of such third-party site or application (and such third-party’s use of your personal information), not these Terms.
17. Use in the United States. The Site is intended for use in the United States and only in those states where there are HTeaO® locations. We do not guarantee that the Site will be available or permitted in any location other than the United States.  If you choose to access the Site from a location other than the United States, you do so at your own risk.  THE EXISTENCE OF THE SITE AND CONTENT SHALL NOT BE CONSTRUED AS HTEAO OFFERING THE SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH IS PROHIBITED BY LAW.
18. Term and Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site and Content, and we may restrict your access to the Site and Content. Notwithstanding the foregoing, HTeaO may cease to make the Site or any Content available, in whole or in part, at any time in its sole discretion for any reason.  HTeaO will not be liable to you or anyone else for any damages arising from or related to HTeaO’ s suspension or termination of your access to the Site, Services, or Content, or in the event HTeaO modifies, discontinues, or restricts the availability of the Site, Services, or Content (in whole or in part).
19. Cooperation with Law Enforcement. HTeaO will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD THE HTEAO PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
20. Assignment. Neither these Terms, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole or in part, by you without the prior, written permission of HTeaO. Any purported assignment without such permission is void. 
21. Waiver. HTeaO’s waiver of any rights or obligations under these Terms must be in a signed writing to be effective. 
22. DISPUTE RESOLUTION – ARBITRATION. You agree to resolve any disputes arising under these Terms or relating to the Site, Services, or Content through binding arbitration, on an individual basis, as set forth below.
23. YOU UNDERSTAND THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS, YOU MAY NOT BRING A CLAIM AGAINST HTeaO IN A CLASS ACTION LAWSUIT, AND THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN ONE OR MORE PERSON’S OR PARTY’S CLAIMS IN A CLASS OR PROCEEDING. In the event a court determines that the foregoing is unenforceable, then such claim must be severed from the arbitration and brought in court, subject to HTeaO’s right to appeal.
24. Good Faith Discussions. You and HTeaO must first attempt to resolve any dispute by good faith discussions or email. If the parties cannot resolve a dispute with good faith discussions, then either party may submit the dispute to binding arbitration as set forth in these Terms.
25. Rules. You agree that arbitration will be conducted by the American Arbitration Association (”AAA”) in accordance with its Consumer Arbitration Rules, then in effect and as amended herein (”Rules”). The Rules can be found at: https://www.adr.org/Rules. You and HTeaO agree that this agreement to arbitrate involves a transaction of interstate commerce and therefore the Federal Arbitration Act will govern the interpretation and enforceability of this agreement to arbitrate.
26. Initiating a Claim. The party desiring to initiate arbitration must provide the other party a Demand for Arbitration in accordance with the Rules and the parties will thereafter mutually agree upon the arbitrator. If the parties cannot agree upon the arbitrator within ten (10) days, an arbitrator will be appointed in accordance with the Rules.
27. Arbitrator. Arbitration will be before one (1) arbitrator who will have exclusive authority to resolve any disputes arising under these Terms or with regard to the Site, Services, or Content, including as to the enforceability and/or formation of this agreement to arbitrate made between you and HTeaO.
28. Location. You agree that arbitration will take place exclusively in Tarrant County, Texas. However, where the disclosed claims or counterclaims do not exceed $25,000, the dispute may be resolved by the submission of documents only/desk arbitration (see the Rules for more details). Either party may, however, ask for a hearing, or the arbitrator may decide a hearing is necessary.
29. Time Limit. Any claim by you arising in connection with these Terms, the Site, Services, or Content must be commenced by you within one (1) year of the dispute giving rise to the claim.
30. Confidentiality. The parties will not make any comments or announcements to the public about the subject matter or outcome of any arbitration.
31. The Arbitrator’s Decision. The arbitrator’s decisions and judgment will be final and binding on the parties but will have no precedential effect. The arbitrator will not have the authority to award damages outside of those set forth in these Terms.
32. Costs and Expenses. Each party will pay their own expenses and fees, including their own attorneys’ fees, arising from arbitration, unless the arbitrator determines that your claims were improper or frivolous, in which case the arbitrator may require you to reimburse us for certain fees and expenses in accordance with the Rules.
33. Exceptions. Notwithstanding anything to the contrary in this Section, you and HTeaO each retain 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 intellectual property rights.
34. Governing Law. Unless expressly prohibited by the law of your place of residence, these Terms, and your access to and use of the Site and Services and Content via the Site, are governed by the laws of Texas, without regard to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Tarrant County, Texas. The parties expressly agree to the exclusive jurisdiction and venue of those courts.
35. Entire Agreement. These Terms, together with the Privacy Policy, contain the entire agreement between you and HTeaO with respect to your access to and use of the Site and Content.
36. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
37. Contact Us. Please direct any questions and concerns regarding these Terms to us at:

HTeaO
support@hteao.com
1322 Ranchers Legacy Trail
Fort Worth, Texas 76126