Terms of Service
Last Updated: October 2023
These Terms provide that all disputes between you and Hey Doodle, Inc DBA Mosi Tea will be resolved by binding arbitration. As such, by using the Mosi Tea website you agree to give up your right to go to court, including and not limited to, a class action proceeding to claim or defend your rights under these terms. By using the Mosi Tea website, you agree that your rights will be determined by a neutral arbitrator and not a judge or jury and your claims cannot be brought as a class action. Before using this website, please review these terms of service in detail.
Mosi Website, Products & Services
Mosi Tea provides different web-based tools and services, collectively referred to as “Services.” One service allows users to purchase Tea Infusers and Tea related products, collectively known as “Products.” We may offer a number of additional services and products on the websites which may change from time-to-time.
All pages within this website and any data or material available for download are the property of Mosi Tea. The website is protected by the United States and international copyright and trademark laws. All contents of the websites including files, images, photographs, text video and audio available for use or download may not be copied, modifies, distributed or reproduced except for purposed authorized or approved in these Terms or in writing by Mosi Tea.
Accuracy of Information
Although we make reasonable attempts to ensure the integrity and accurateness of this Website, we make no representations, warranties, or guarantees as to the correctness or accuracy of the Website, Services, or Content therein. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Website by third parties. We shall have no responsibility or liability for information or Content posted to the Website from any third party not affiliated with Mosi Tea.
We have made significant efforts to accurately display the images of our Products.
In the event a Product or Service is listed at an incorrect price due to typographical error or error in pricing information received from third parties, we shall have the right to refuse or cancel any orders. We shall have the right to refuse or cancel any such orders.
We reserve the right to modify the organization, structure, or "look and feel" of the Website or Services, and may change, suspend, or discontinue any aspect of the Website or Services at any time without any liability to you or any third party. We shall have complete and exclusive discretion over the features, functions, prices, and other terms and conditions on which the Website and Services are offered to you.
Use of the Website and Services
Use of the Services is restricted to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The Services are not intended for children under the age of 13.
You must comply with all of the terms and conditions of these Terms, the applicable agreements and policies referred to in these Terms, and all applicable regulations, rules, and laws when you use the Services and the Website.
You may only use the Website and Services as expressly permitted by Mosi Tea. You are prohibited from violating or attempting to violate the security, integrity or content of the Website. You agree to not cause harm to the Website or Services. Specifically, but not by way of limitation, you may not: (1) access data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (2) access or use the Website or any portion thereof without authorization in violation of these Terms or in violation of applicable law. You may not collect or use information contained on the Website for any prohibited purpose, to compete with us, to create derivative works based on the content of the Website, download or copy the Website, download or copy product pricing information, making derivative works of videos, images or any Website content; or (3) attempt to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without authorization; or (4) order products or services as a competitor, or future competitor, in order to reverse engineer our patented Infuser, tea blends, intellectual property or any and all Mosi assets; or (5) modify, create derivative works from, reverse engineer, decompile, or disassemble any technology used to provide the Services; or (6) collect electronic mail addresses or other customer data from third parties; or (7) impersonate another person, entity or staff member of Mosi Tea; (8) use any meta tags, search terms, key terms, or the like that contain our name or trademarks; or (9) assist or encourage any third party in engaging in any activity prohibited by these Terms.
This Website accepts all major credit cards and other payment methods including Paypal. You represent and warrant that if you are making online payments that (1) you are the person in whose name the card was issued or you are authorized to make a purchase or other transaction with the card, (2) any credit card, debit card, and bank account information you supply is true, (3) charges incurred by you will be honored by your credit/debit card company or bank, (4) you will pay the charges incurred by you in the amounts posted, including any applicable taxes.
In the event access to the Website or a portion thereof requires establishing an account with a username and password, you agree that you are fully responsible for all activity occurring under your account. You agree that your access to the Website may be revoked or restricted by us at any time with or without cause.
Modifications and Severability
From time-to-time, we may make changes to these Terms. We will notify you of any material changes by sending you an email or posting a notice on the home page of the Website. If you receive notification of a change in our Terms, you must review the new Terms carefully to make sure you understand our practices and procedures.
Representations and Warranties
You represent and warrant to Mosi Tea (1) that you have the full power and authority to enter into and perform under these Terms, (2) the execution and performance of your obligations under these Terms do not constitute a breach of or conflict with any other agreement by which you are bound, and (3) these Terms are a legal, valid, and binding obligation of you, enforceable in accordance with its terms and conditions.
You represent and warrant to Mosi Tea that, in your use of the Website and Services, (1) you will not infringe the trade secrets, copyright, right of privacy, trademark, patent, right of publicity, or any other legal right of any third party; (2) you will comply with all applicable rules, laws and regulations.
The full list price is a price at which we have offered the product for sale; however, we may not have sold the item at that price. A strike-through price is a comparison price based on a product’s full list price or the price at which another retailer offers the same item (although we cannot know whether another retailer actually sold the item at the offered price).
You agree to indemnify and hold us, Mosi Tea, and our representatives, affiliates, agents, directors, officers, managers, and shareholders (the "Parties") harmless from and against any damage, loss, and expense (including, without limitation, attorneys' fees, expenses, and costs) incurred in connection with any third-party claim, demand, or action ("Claim") brought against any of the Parties (1) alleging that you have breached any provision of these Terms or any applicable laws, rules, or regulations through any act or omission, (2) arising out of any use of Mosi products or services, or (3) arising out of your use or access of the Website, or access by anyone accessing the Website using your account.
For any indemnification under this Section, Mosi Tea will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Mosi Tea's express written permission.
Disclaimers and Exclusions
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, WEBSITE-RELATED SERVICES & PRODUCTS, AND LINKED WEBSITES. MOSI TEA DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING.
Limitation of Liability
MOSI TEA AND ANY THIRD PARTIES MENTIONED ON THE WEBSITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, SERVICES, CONTENT, OR INFORMATION CONTAINED WITHIN THE WEBSITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF MOSI TEA TO YOU WITH RESPECT TO YOUR USE OF THIS WEBSITE IS $100 (ONE HUNDRED DOLLARS).
Copyright Infringement Claims
We disclaim any responsibility or liability for copyrighted materials posted on the Website or through our Services. If you believe that your work has been copied in a manner that constitutes copyright infringement, please email us with the subject line “copyright infringement” and identify the work that you claim has been infringed.
Dispute Resolution and Arbitration
If you have any issues or concerns about products or services ordered on this Website, please contact Mosi Tea customer support to resolve any issues that you may have. If Mosi Tea is unable to resolve any issues that you may have, then you and Mosi Tea agree to be found by dispute resolution procedures.
You and Mosi Tea each agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Website, your ordering of Products or Services from Mosi Tea or its affiliates through the Website, by phone, or through third-party websites offering Mosi Tea Products or Services shall be determined by binding arbitration.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE GIVING UP YOUR RIGHT TO BRING AN ACTION IN COURT OR BEFORE AN ADMINISTRATIVE AGENCY. ARBITRATION IS MORE INFORMAL THAN COURT OR ADMINISTRATIVE PROCEEDINGS. ARBITRATION USES A NEUTRAL ARBITRATOR TO DECIDE A DISPUTE INSTEAD OF A JUDGE OR JURY. AN ARBITRATOR'S AWARD IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES). AN ARBITRATOR IS ALSO BOUND BY THESE TERMS TO THE SAME EXTENT AS A COURT.
WE EACH ALSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS OF ANY NATURE OR IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU MAY NOT BRING A CLAIM ON BEHALF OF A CLASS OR ANY PERSON OTHER THAN YOURSELF. UNLESS OTHERWISE AGREED IN WRITING BY BOTH YOU AND CIRCLE GRAPHICS, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT CONDUCT ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD RELIEF OTHER THAN ON AN INDIVIDUAL BASIS.
If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim in court would be decided by a judge, not a jury.
THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND ANY CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, PRODUCTS AND SERVICES ORDERED OR PURCHASED THROUGH THE WEBSITE. IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE INTERNAL LAWS OF THE STATE OF NORTH CAROLINA (WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES) WILL GOVERN.
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Mosi Tea, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Mosi Tea reserves the right to change the shortcode or phone number from which messages are sent and we will notify you when we do so. Mosi Tea reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, CANCEL, or UNSUBSCRIBE to our phone number to cancel. After texting STOP, CANCEL, or UNSUBSCRIBE to our number you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, CANCEL, or UNSUBSCRIBE keyword commands and agree that Mosi Tea and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Mosi Tea through any other programs you have joined until you separately unsubscribe from those programs.
WHOLESALE TERMS AND CONDITIONS
1. Acceptance of Terms
By placing a wholesale order with Mosi Tea, you ("Wholesale Customer") agree to be bound by these Wholesale Terms and Conditions. These terms and conditions constitute the entire agreement between Mosi Tea and the Wholesale Customer and supersede any prior agreements or understandings, whether oral or written.
2. Orders and Payment
a. Orders: Wholesale Customer shall submit orders in accordance with Mosi Tea's ordering process, including providing necessary order details and quantities.
b. Pricing: Prices for wholesale products are subject to change without notice, and the Wholesale Customer will be charged the prices in effect at the time of order placement.
c. Payment: Payment terms are determined by a case by case basis. Mosi Tea may require an initial deposit or payment in full before processing the order.
3. Minimum Purchase Requirement
Wholesale Customers may be subject to a minimum purchase requirement, which will be communicated at the time of the order or as otherwise agreed upon between Mosi Tea and the Wholesale Customer.
4. Shipping and Delivery
a. Shipping Costs: Wholesale Customer is responsible for all shipping and handling costs unless otherwise agreed upon in writing.
b. Delivery: Mosi Tea will use commercially reasonable efforts to fulfill and deliver orders within a reasonable time frame. However, Mosi Tea shall not be liable for delays in delivery beyond its control.
c. Risk of Loss: Risk of loss passes to the Wholesale Customer upon delivery of the products to the carrier.
5. Returns and Refunds
a. Returns: Wholesale Customer shall inspect all delivered products upon receipt. Any claims for damaged or defective products must be made in writing within 30 days of receipt.
b. Refunds: Refunds or replacements for damaged or defective products will be issued at the discretion of Mosi Tea, subject to inspection and verification of the claim.
6. Intellectual Property
Wholesale Customer acknowledges that all intellectual property rights, including but not limited to trademarks, copyrights, and trade secrets related to the products, are owned by Mosi Tea. Wholesale Customer agrees not to use Mosi Tea's intellectual property without prior written consent.
Both Parties agree to keep all non-public information exchanged during the course of wholesale transactions confidential and not to disclose such information to third parties without the written consent of the other Party.
Either Party may terminate this wholesale agreement with 30 written notice to the other Party for any reason. Termination shall not affect any outstanding obligations or rights under this Agreement.
9**. Restrictions on Brand Term Bidding**
a. Brand Term Definition: For the purposes of this Agreement, "Brand Terms" shall refer to any terms, keywords, or phrases that include Mosi Tea, including variations, misspellings, and abbreviations thereof, including our product names, titles, and descriptions.
b. Restrictions: Wholesale Customer agrees that it shall not, directly or indirectly, bid on or purchase advertising on any ad platform, including but not limited to search engines, social media platforms, or other online advertising platforms, that includes or targets Brand Terms as defined in section 10(a) for the purpose of promoting or advertising any products or services that compete with or are similar to Mosi Tea's products. This restriction applies to paid search advertising, pay-per-click (PPC) campaigns, sponsored listings, or any other form of online advertising.
c. Consequences of Violation: If Wholesale Customer is found to be in violation of this Brand Term Bidding restriction, Mosi Tea reserves the right to terminate this Agreement and take legal action to seek damages for any harm caused to Mosi Tea's brand or business as a result of such violation.
10. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of North Carolina. Any disputes arising under or in connection with this Agreement, including disputes related to the Brand Term Bidding restriction, shall be subject to the exclusive jurisdiction of the courts in North Carolina.