nicole bensen

Legal

TERMS OF USE

Last Updated: July 30, 2021

Please read these terms of use (along with our privacy policy and cookie policy, hereinafter “terms”) fully and carefully before using tentaclesandtea.com and nicolebensen.com (the “site”) as it contains very important information about your legal rights and obligations, including limitations of your rights and exclusions that may apply to you. These terms set forth legally binding terms and conditions for use of the site.

ACCEPTANCE OF TERMS

By browsing and using the Site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Site, each of which is incorporated by reference.

If you live in the United States, by using this site you are agreeing to waive your right to sue in court and instead agree to have all disputes decided by an arbitrator in Santa Clara County, California. By agreeing to arbitration, you understand and agree that you are waiving your right to a jury trial to settle disputes relating to your use of the site and purchase of our products and services, as stated fully in the “Dispute Resolution” section below.

  1. DEFINITIONS

Nicole Bensen, Tentacles and Tea LLC, and its affiliated entities is referred to herein as “Nicole Bensen,” “Tentacles and Tea,” “we,” or “our.”

“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

“Site” means the website nicolebensen.com and tentaclesandtea.com, including all of its domains and subparts.

“Terms” refers to the terms and conditions of these Terms of Use, along with our Privacy Policy and Cookie Policy.

“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site and is referred to herein as “User” or “you.”

“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

  1. ELIGIBILITY TO USE THE SITE

You may use the Site only if you are eighteen (18) years or older and capable of forming a binding contract with us and are not barred from using the Site under any applicable law. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.

  1. Notice required by California Law

Pursuant to California Civil Code Section 1879.3, California residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this service is Tentacles and Tea, P.O. Box 64348, Sunnyvale, CA 94088. 650.942.9776. Complaints regarding products, or requests to receive further information regarding use of this Site may be sent to the above address or to hello@tentaclesandtea.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.

  1. Important information for New Jersey residents

If you live in New Jersey, please carefully read these Terms and understand that by using the Site, placing an order on the Site or creating an account, in addition to the other terms and conditions herein, you agree:

Any dispute between you and Tentacles and Tea will be governed by the laws of the State of California and subject to the dispute resolution provisions set forth in the “Disputes Resolution” section below;

Under the laws of the State of New Jersey, limitations on implied warranties or the exclusive limitation of certain damages as set forth below in the “DMCA/Copyright Policy,” “Disclaimers of Warranties,” “Limitations on Liability,” and “Anti-Diversion” sections may not apply to you; and

As set forth in the “Indemnification” section below, you are responsible for any harm you cause Tentacles and Tea, whether it is because of your (i) User Content; (ii) violation of any applicable law that protects Tentacles and Tea or our legal rights or those of any third party that your actions have damaged; (iii) material uncured breaches of these Terms; (iv) infringement by you of any intellectual property rights that belong to Tentacles and Tea or any third party; (v) any and all activities that occur under your account, username, and password.

  1. INTERNATIONAL USERS

Our Site is controlled, operated, and administered from our offices in California, United States of America. We make no representation that Content on the Site is appropriate or available for use at other locations outside the United States, and access to Content is prohibited from territories where the Content or products available through the Site are illegal. You may not use the Site or export its Content or products in violation of United States export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws if, and to the extent, local laws are applicable.

  1. GOVERNING LAW

These Terms and any action or proceeding relating thereto will be governed by the laws of the State of California. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

  1. CHANGES TO TERMS OF USE

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the “LAST UPDATED” legend at the top of these Terms of Use. Your continued use of the Site will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and Tentacles and Tea will be applied.

  1. YOUR ACCOUNT

You may be required to register with Tentacles and Tea in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Tentacles and Tea, including those set forth in these Terms, we reserve the right, in our sole discretion to terminate your account or your use of the Site, block or prevent future access to and use of the Site, refuse service to you, or cancel your product orders (i) if you violate any of these Terms; (ii) for any other reason; or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.

  1. PRIVACY POLICY AND COOKIE POLICY

Users of the Site should refer to our Privacy Policy for information about how we use and collect information, which may be accessed by clicking here (as may be updated from time to time). You agree that we may collect, use, retain, and disclose your personally identifiable information to the extent permissible by law and as described in the Privacy Policy and Cookie Policy and that those policies will govern our collection and use of your personally identifiable information to the extent permissible by law.

  1. RULES OF CONDUCT AND GENERAL PROHIBITIONS

You must only use this Site for lawful purposes, and you must not use it in any way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Site. You may not, without our written consent (i) copy, reproduce, use, or otherwise deal with any Content on the Site; (ii) modify, distribute, or re-post any Content on the Site for any purpose; or (iii) use the Content of the Site for any commercial exploitation whatsoever.

In using the Site, you further agree not to do any of the following:

post, publish, submit, or otherwise transmit any Content that (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy; (ii) is knowingly false, fraudulent, misleading, or deceptive; (iii) is defamatory, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise volatile of any law; or (iv) promotes illegal or harmful activities or substances; disrupt or interfere with the security of, or otherwise abuse, the Site or any service, systems resource, account, server, or network connected to or accessible through the Site, or affiliated or linked websites; disrupt or interfere with any other User’s enjoyment of the Site, or affiliated or linked websites; post, publish, submit or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files; use, frame, or utilize framing techniques to enclose our trademark, logo, or other proprietary information (including, but not limited to, images found on the Site, Content, any text, or the layout/design of any page or form contained on a page) without our express written consent; use meta tags or other “hidden text” utilizing our name, trademark, or product name without our express written consent; deep link to the Site without our express written consent; create or use a false identity on the Site, share your account information, or allow any person besides yourself to use your account to access the Site; collect or store personal data about others; attempt to obtain unauthorized access to the Site or portions of it that are restricted from general access; and encourage or enable another User or individual to do any of the foregoing prohibited activities.

By accessing or using this Site you agree to comply with all applicable local, national, and international laws and regulations relating to your use of or activities on the Site. To the extent permissible by law, we will not be responsible or liable to any third party for the User Content or accuracy of any Content posted by you or any other User on the Site. We have the right to remove any User Content or posting you make on the Site if, in our sole discretion, such Content or posting does not comply with the standards set out in these Terms.

If you do not agree to these Terms, you do not have our consent to obtain information from or otherwise use the Site. Failure to use the Site in accordance with these Terms may subject you to civil or criminal penalties.

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE, AND/OR DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE CREATED AN ACCOUNT ON THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or legal entity to these Terms and, in such event, “you” or “your” will refer and apply to that company or other legal entity.

  1. RIGHT TO USER CONTENT POSTED BY YOU

By making any User Content available to or through the Site, you hereby grant Tentacles and Tea a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant Tentacles and Tea the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant Tentacles and Tea the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Tentacles and Tea on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

  1. INDEMNIFICATION

You will defend, indemnify, and hold harmless Tentacles and Tea, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects Tentacles and Tea or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by Tentacles and Tea or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Tentacles and Tea in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

  1. COPYRIGHTS AND TRADEMARKS

The Site, including all of the Content, is protected by copyright, trademark, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.

Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries: “Nicole Bensen” and “Tentacles and Tea”. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.

  1. DMCA/COPYRIGHT POLICY

It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users who appear to infringe the intellectual property or other rights of others.

We comply with the Digital Millennium Copyright Act (“DMCA”). If you believe we or any User of the Site has infringed your copyright in any material way, please notify Tentacles and Tea and provide the following:

  1. an identification of the intellectual property right claimed to have been infringed;
  2. an identification of the material you claim is infringing so that we may locate it on the Site;
  3. your address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the owner or its licensee, or the agent of either of the foregoing, or the law;
  5. a statement by you that the above information in your notice is accurate and made under penalty of perjury; and
  6. that you are authorized to act on behalf of the owner of the intellectual property interest involved.

Please direct inquiries regarding intellectual property infringement issues by writing to the attention of Nicole Besnen.

  1. LINKS TO THIRD-PARTY WEBSITES

The Site may contain links to third party websites or services and advertisements for third parties (collectively, the “Third Party Sites & Ads”). Such Third-Party Sites & Ads are not under our control and we are not responsible for any Thirty-Party Sites & Ads. We provide these Third-Party Sites & Ads only as a convenience and are not responsible for the content, products, or services on or available from those Third-Party Sites & Ads. You acknowledge sole responsibility for and assume all risk arising from your use of Third-Party Sites & Ads.

The inclusion of a hyperlink to Third-Party Sites & Ads does not imply affiliation, endorsement, or adoption by Tentacles and Tea of the Third-Party Sites & Ads or any information contained therein.

  1. PRODUCT DESCRIPTIONS

We have taken reasonable precautions to ensure that all service descriptions, prices, and other Content on the Site are correct and fairly described. By placing an order on this Site, you are making an offer to Tentacles and Tea. Our acknowledgment of an order means that your order request has been received; it does not mean that your order has been accepted or that the price or availability of a service has been confirmed. We reserve the right to not accept the offer if there has been a material error in the description of the offering, or if the price advertised is incorrect. All prices are displayed in United States Dollars unless expressly indicated otherwise.

  1. ONLINE PURCHASES

If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Tentacles and Tea the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All purchases of physical items from Tentacles and Tea are made pursuant to a shipment contract. This means that the risk of loss and title of such items pass to you upon our delivery to the carrier.

All descriptions, images, references, features, Content, specifications, services, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available.

It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products or services ordered will be used only in a lawful manner. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) bar any User from making or completing any or all Transaction(s); and (iii) refuse to provide any User with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

  1. ORDER AND PAYMENT INFORMATION

If you use the site or other means to purchase a product or service, payment must be received by Tentacles and Tea prior to our acceptance of an order, unless otherwise agreed to by us in advance. All of our products are subject to sales tax, which will be applied to your order total. We may need to verify information you provide before we accept an order and may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, we will refund you any payment made for the product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase. We expressly condition acceptance of your order on your agreement to these Terms.

We will add applicable shipping and handling fees to your charges, as stated in your order. We reserve the right to reject orders where the stated delivery address is outside the United States.

  1. DISCLAIMER OF WARRANTIES

Our products, services, and content are provided “as is,” without any warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular use, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. 

We make no warranty that the services or products available on the Site will meet your requirements or be available on an uninterrupted, secure, or error-free basis. You are solely responsible for all of your communications and interactions with other users of the site and with other persons with whom you communicate or interact as a result of your use of the site, including any services provided to you.

In no event will our aggregate liability arising out of or in connection with any warranties relating to our products, services, or content, these terms and your use of the site, including, but not limited to, from your purchase of any products via the site, or from the use of or inability to use the site, exceed the amounts you have paid or owe for products purchased via the site in the last twelve (12) month period prior to the event giving rise to your claim of liability. The limitations of liability and damages set forth above are fundamental elements of the basis of the bargain between you and Tentacles and Tea. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

  1. LIMITATIONS OF LIABILITY

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.

To the extent permitted by law, you agree that neither, Tentacles and Tea, our affiliates, or any other party involved in creating, producing, or delivering products, services, or content on the site will be liable for any claims, losses, or damages (including, without limitation, compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused or under any theory of liability – even our own active or passive negligence – arising in connection with (i) the site; (ii) the use or inability to use the site; (iii) the use of or reliance on any content or information displayed in or on the site; (iv) the purchase or use of any products or services through the site or otherwise; (v) unauthorized access to or alteration or loss of your transmissions of data or other information that is sent to or received by the site; (vi) errors, system down time, network or system outages, file corruption, or service interruptions; or (vii) otherwise under these terms, whether or not reasonably foreseeable, even if we or our representatives are advised of the possibility of such damages, claims, or losses, and notwithstanding any failure of essential purpose of any limited remedy.

Notwithstanding anything to the contrary herein, our liability to you for any cause of action or claim whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you in the last twelve (12) months to Tentacles and Tea for any products or services supplied by us through your use of the site or otherwise.

We will not be liable in any amount for failure to perform any obligation under these terms if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, internet outages, communications outages, fire, flood, or war.

The terms of this section survive any termination of these Terms.

  1. TERMINATION

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, this section does not apply to you.

Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, for any reason or no reason, to terminate your ability to use the Site and to block and prevent future access to and use of the Site. You agree that we will not be liable for any termination of your use of or access to the Site.

  1. NO THIRD-PARTY BENEFICIARIES

We and you are the only parties entitled to enforce these Terms. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Tentacles and Tea. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions relating to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms. You also agree that if we assign, transfer, or sub-contract any of our rights or obligations under these Terms to any third party in writing, such third party may enforce the Terms that are assigned, transferred, or sub-contracted.

  1. DISPUTE RESOLUTION

AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

We each agree that any dispute, claim, or controversy arising out of or relating to our products, services, these terms, including our privacy policy and cookie policy, or the breach, termination, enforcement, interpretation, or validity thereof or the use of the services or content available on or through the site (collectively, “disputes”) will be settled by confidential binding arbitration, except that each party retains the right to (i) bring an individual action in small claims court; and (ii) 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, trademark, trade secrets, patents, or other intellectual property rights (the action described in the foregoing clause (ii) an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in Houston, Texas and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

You acknowledge and agree that both you and Tentacles and Tea are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.

The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.

  1. ARBITRATION RULES

The arbitration will be administered and governed by the Comprehensive or Expedited Arbitration Procedures of Judicial Arbitration and Mediation Services (JAMS), whichever is appropriate and in effect at the time the arbitration is initiated (the “JAMS Procedures”), which are available at http://www.jamsadr.com or by calling 1-800-352-5267.

The parties expressly agree that JAMS may not administer any multiple claimant or class arbitration, as the parties agree that the arbitration will be limited to the resolution of individual claims only.

  1. DISPUTE NOTICE AND ARBITRATION PROCESS

Prior to initiating an arbitration proceeding, you must first send Tentacles and Tea a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Tentacles and Tea must be mailed to the attention of Nicole Bensen via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration as specified in the JAMS Procedures.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Notwithstanding this broad delegation of authority to the JAMS arbitrator, a court may determine the limited question of whether a claim or cause of action is an IP Protection Action.

  1. ARBITRATION LOCATION AND PROCEDURE

Unless the parties otherwise agree, the arbitration will be conducted in Santa Clara County, California. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

  1. ARBITRATOR’S DECISION

The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Tentacles and Tea will seek to recover attorneys’ fees and expenses if it prevails in arbitration.

  1. TIME LIMIT FOR RESOLVING DISPUTES

The parties agree that any cause of action either may have with respect to the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.

NOTICE TO NEW JERSEY USERS: If you live in New Jersey, your agreement to this provision shortens the time within which you may bring a Dispute.

The terms of this Dispute Resolution section survive any termination of these Terms.

Right to opt-out or reject future changes to dispute resolution section

You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention of Nicole Bensen within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.

Notwithstanding the provisions of “Changes to Terms of Use” section above, if Tentacles and Tea changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted subsequent changes to the Terms), you may reject any such change by sending Nicole Bensen written notice within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Tentacles and Tea in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

  1. GENERAL TERMS

These Terms constitute the entire and exclusive understanding and agreement between Tentacles and Tea and you regarding the Site, Content, products, and services that may be provided on the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between you and Tentacles and Tea regarding the Content, products, or services provided on the Site. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Any notices or other communications provided by Tentacles and Tea under these Terms, including those regarding modifications to these Terms, will be given by posting to the Site.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tentacles and Tea. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and Tentacles and Tea,and you do not have any authority to create any obligation on our behalf.

  1. CONTACT INFORMATION

Nicole Bensen

P.O. Box 64348

Sunnyvale, CA 94088

hello@tentaclesandtea.com


PRIVACY POLICY

This Privacy Statement shall govern and apply to anyone accessing or using the websites located at nicolebensen.com and tentaclesandtea.com, our mobile application(s), our blog(s), and any other website(s) in existence now or created in the future (hereinafter the “Site”) owned and/or operated by Tentacles and Tea (“Tentacles and Tea,” “we,” “us” or “our”). Tentacles and Tea respects your right to privacy. This policy summarizes what personally identifiable information we may collect, and how we might use this information. This policy also describes other important topics relating to your privacy.

INFORMATION COLLECTED

Tentacles and Tea only will collect personally identifiable information (such as name, title, company name, address, telephone number, or e-mail address) that you voluntarily provide through our website or e-mail correspondence. Our host web server tracks and collects general information about the visits to our Site. While IP addresses (the Internet address of a computer) are logged to track a user’s session, the user remains anonymous. We analyze this data for certain trends and statistics, such as which parts of our site users are visiting, how long they spend there, the visitors’ domain names and what states or countries those requests come from. We do not link your IP addresses to anything personally identifiable to you. We will collect general information (such as the type of browser you use and the files you request) to improve our Web site and better meet your needs.

Tentacles and Tea also requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you make a purchase, communicate with us via social media, write a product review, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future. The types of personal information we may collect from you can vary according to the method through which it was attained.

PERSONAL INFORMATION PROVIDED

We receive and store any information you knowingly provide to us, such as: 

  • Full name
  • Email address
  • Phone number
  • Shipping Address
  • Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)
  • Username and password for tentaclesandtea.com or nicolebensen.com
  • A record of your Tentacles and Tea orders, purchase history, and shopping behavior and preferences
  • Information provided by you through your interactions with us in social media
  • Location and geographic information that could be collected if you use our mobile site or app.
  • Other details that you may submit to us or that may be included in the information provided to us by third parties.

PURPOSE OF COLLECTION

Tentacles and Tea offers various products and services to our Customers and also strives to meet the needs of our Customers.  We use your Personal Information for internal purposes such as tracking your order, analyzing your preferences, and noting trends and statistics. To do this effectively, we need to collect certain Personal Information.

CONSENT OF COLLECTION

All Personal Information we collect from you requires your consent, for example, opening an account, purchase and delivery of products, special offers, etc.  We may request your consent from time to time to take part in improved product performance or for marketing purposes that we think will be useful to you.  However, unless you are informed otherwise, the Personal Information we hold is for establishing and managing our business and customer relationship with you.  Sensitive information is subject to greater restrictions and governed by law.

By communicating with Tentacles and Tea, including by email and by completing online forms, you are giving your consent to the collection of what Personal Information you provide.

RECORDKEEPING OF YOUR PERSONAL INFORMATION

Depending on the product you have acquired, it may be necessary to keep a record of the transaction for business purposes or to enable us to respond to your concerns. We may hold Personal Information for the following purposes: 

  • Internal accounting and administration;
  • To supply you with information about your account including regular statements;
  • To respond to inquiries;
  • Enhancing customer service, product options and to improve product performance;
  • Promotions, competition entry forms, redemption vouchers, and special offers where you voluntarily supplied your personal details;
  • To administer sales records;
  • To provide information about us, our products, services and special offers; and
  • To analyze our website usage.

Occasionally we require organizations outside Tentacles and Tea to provide a service for purposes, which are necessary for us to conduct our business, functions and activities (for example advertising names of competition winners and delivering products).  We take all steps to ensure these organizations both inside and outside of the United States deal with Personal Information according to this Policy.

MANAGEMENT OF YOUR PERSONAL INFORMATION

You may have contact with us personally, by telephone, mail, over the Internet or other electronic medium.  We take all reasonable steps to keep your Personal Information secure in a combination of secure computer storage, hard copy files and other records.  We take steps to protect the personal information we hold from misuse, loss, unauthorized access, modification or disclosure. 

DISCLOSURE OF YOUR INFORMATION

Tentacles and Tea does not share the personal information of its users with any unaffiliated third parties for their promotional purposes. However, we use a third-party payment processor and a third-party shipping agent to ensure the payment and delivery of your purchased products. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes. These third parties will only have limited access to your personal information in order to help complete transactions.

Although Tentacles and Tea uses industry standard best practices to protect your Personal Information, WE DO NOT REPRESENT, WARRANT AND/OR GUARANTEE THAT PERSONAL INFORMATION WILL REMAIN SECURE.  Therefore, we cannot and do not guarantee, and you should not expect, that your Personal Information or private communications will always remain private.  Notwithstanding this, as a matter of policy, we NEVER sell or rent any Personal Information about you to any third-party. In the event there is a breach of security, or we are made aware that your personal information could be jeopardized, we will take all necessary measures to communicate these issues to you so that you can take steps to protect yourself.

LEGAL DISCLOSURE

Because Tentacles and Tea considers the individual information we maintain to be confidential, our policy is to disclose no personal information to third parties (except as described above) unless release is required by law or is pertinent to judicial or government investigations or proceedings. We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) as Tentacles and Tea, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of Tentacles and Tea’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.

ACCESSING YOUR PERSONAL INFORMATION

You have the right to access the Personal Information you have provided to us.  If you require details of your Personal Information held by us, we will need to verify your identity before meeting your request, which we will process in a reasonable time.  If you find that the information that we hold about you is inaccurate or out of date, then we will promptly correct it upon receipt of the changes from you.

LINKS TO THIRD PARTY SITES

Our Site may contain links to other sites. We do not endorse or otherwise accept responsibility for the content or privacy policies of those sites. However, we encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.


USER GENERATED CONTENT

Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: product reviews, comments, posts on social media pages, etc.) becomes publicly available, and can be read, collected, and used by other members of this Site to send you unsolicited messages. You name, email, or other information may also be displayed when you post comments or upload images throughout the Site. Tentacles and Tea is not responsible for the personal information users select to disclose in these forums.

CHILDREN

Our Site is intended for users who are eighteen (18) years of age and older. If you are under the age of eighteen, you are not permitted to submit any personal information to our Site. Our Site is not directed at people under eighteen and does not knowingly collect any personal information from people under eighteen. We will promptly delete any personal information from a person under the age of eighteen should we discover that we have collected such information from a person under the age of eighteen without verification of parental consent.

COOKIE POLICY

By using the Site, you are consenting to the use of the technologies described in this Cookie Policy to collect both personally identifiable information and non-personal data and to the storage of information on your device or web browser as described below.

A cookie is a piece of information that is placed on your web browser or hard drive when you access and/or use the Site. Cookies store text and can later be read back by the Site or third parties. We use cookies to recognize your browser and you as a unique visitor to the Site through an anonymous unique identifier. Cookies can remember what information you access on one webpage to simplify your subsequent interactions with the Site or to use the information to streamline your transactions on related webpages. This makes it easier for you to move from one webpage to another and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

Cookies may be session cookies (i.e., last only for one browser session) or persistent cookies (i.e., continue on your browser until they are affirmatively deleted). You can manage cookies through your web browser’s option settings and through those settings you may be able (a) to receive notifications when you are receiving new cookies; (b) to disable cookies; or (c) to delete cookies. Please refer to your web browser’s help section for information on how to do this.

AGREEMENT TO OUR TERMS & CHANGES TO THIS PRIVACY STATEMENT

By using this Site, you consent to the collection and use of information by Tentacles and Tea from the Site as indicated above. Tentacles and Tea reserves the right to modify this privacy policy at any time. We will promptly reflect any such modifications in these Web pages.

CONTACT US

We welcome your questions, comments, and concerns about this Privacy Policy and Site. You can reach us at:

Nicole Bensen

P.O. Box 64348

Sunnyvale, CA 94088

hello@tentaclesandtea.com