Terms of service

TERMS OF USE (“TOU”)

SHIPPING POLICY

We ship web orders within 5 business days. For all orders outside of the continental US, duties and customs are paid by the recipient. Please find our entire shipping policy outlined on our Frequently Asked Questions page.

RETURN POLICY

Smith Teamaker accepts returns on product purchased at the tasting rooms or online direct from our site. Except for cases of product defect, all other returns must be made to the original retailer. All returned items must be unopened and in resalable condition. All returns will be given the option of a refund or equivalent exchange.

Contact customersuccess@smithtea.pro

REWARDS

As a benefit of your Rewards account, you may receive cash back, which will be applied to future purchases through a discount code and used only to purchase products or services on our website. Any cash back reward will expire 12 months after the date you earn or receive the cash back. If you do not use your cash back before it expires, you forfeit your right to use it. Cash back may not be exchanged or redeemed for cash or gift cards.

THE COMPANY’S PROPRIETARY RIGHTS

You acknowledge and agree that the Company content on the site, including but not limited to (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout (6) and design (collectively the "Content") is protected by copyrights, trademarks, site marks, patents, or other proprietary

rights and laws. Such Content may be displayed, reformatted, and printed by you for your personal, non-commercial use only in connection with our product offerings in accordance with the TOU and not for distribution in any medium.

The names, logos, and other materials displayed on the Company web site constitute trademarks, copyright and other intellectual property collectively referred to as 'IP rights' of Company or its licensors. You agree that Company retains and owns all right, title and interest in the Content and IP Rights, and that the TOU does not transfer or convey to you any ownership right, title or interest in or to the Content and IP Rights, and that you will not contest or challenge the ownership of the Content and IP Rights.

DISCLAIMER OF WARRANTIES

Our online shopping experience is provided on an 'as is' and 'as available' basis and the warranties on the part of Company contained in this TOU are given in place of and replace, exclude and extinguish all and every other condition or warranty whatsoever on the part of Company, written or oral, whether express or implied by statute, regulation, directive or any other legislative or administrative enactment, common law, trade usage, custom or otherwise to the full extent permitted by law. EXCEPT AS EXPRESSLY PROVIDED HEREIN, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.

The information and content included in or available through our site may contain inaccuracies or typographical errors. Changes are periodically added to the information contained on the site and Company and/or its respective suppliers may make improvements and/or changes to the site at any time. No advice or information, whether oral or written, obtained by you from Company or through the site shall create any warranty not expressly stated in the TOU.

Except as otherwise expressly provided in the TOU, Company does NOT represent or warrant:

* That the site will meet your requirements.

* That the site will be uninterrupted or error-free, timely or secure.

* That defects or errors will be corrected, or that the site or the server that makes it available, are free of viruses or other harmful components.

* That the use of or the results of the use of the site or the Content made available as part of the site will be correct, accurate, timely, or otherwise reliable.

LIMITATION OF LIABILITY

YOU AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR:

* ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

* DAMAGES FOR LOSS OF USE;

* DATA GOODWILL;

* PROFITS, OR OTHER INTANGIBLE LOSSES;

ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

* Use or performance of the site or related websites;

* Delay or inability to use the site or related websites;

* Provision of or failure to provide sites, information or software;

* Sites obtained through the site, or otherwise arising out of the use of the site;

* Error;

* Omission;

* Inaccuracy;

* Interruption;

* Deletion;

* Defect;

* Delay in operation or transmission;

* Computer virus;

* Communication line failure;

* Theft;

* Destruction or unauthorized access;

* Alteration;

* Whether based on contract, tort, negligence, strict liability or otherwise - even if company or any of its suppliers has been advised of the possibility of damages.

* If you are dissatisfied with the site or any part of the site your sole and exclusive remedy is to discontinue using the site and its related website.

* At all times and in any event the total liability of company to its members shall be limited to the total annual membership fee paid by the individual member to company.

These TOU constitute the entire agreement between you and the Company and supersede any previous agreement or understanding between you and the Company.

Governing Law

These TOU shall be governed in all respects by Oregon law without reference to its conflict or choice of law rules or principles, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Portland, Oregon.