TERMS OF USE POLICY

Welcome to the Tribucha website, operated by Tribucha, Inc.  We built our website to share information about our company, our delicious beverages, and to allow you to purchase our products for direct shipment to you.  The following terms and conditions, together with any documents referred to in them (collectively, “Terms of Use”), apply to your use of this website.

These Terms of Use are a legal agreement between you and Tribucha, so please read them carefully.  Throughout these Terms of Use, “we”, “us”, and “our” refer to Tribucha.  We offer this website, including all information and services available from this website, to you, the user, conditioned upon your acceptance of these Terms of Use.  Your use of this website constitutes your agreement to these Terms of Use.  If you do not agree to these Terms of Use, do not use this website.

We may change these Terms of Use at our discretion without specific notice to you.  We encourage you to check the last updated date at the bottom of these Terms of Use for any changes since your last visit.  Your continued use of our website following the posting of such changes means that you accept and agree to the changes.

Privacy

We value your privacy.  Please review our Privacy Policy accessible on our website to understand our privacy practices.  All information you provide to us through this website is subject to our Privacy Policy, the terms of which are incorporated into these Terms of Use.

Intellectual Property

This website includes logos, product names, service names, and other trademarks, including but not limited to the third eye logo overlaying the triangle, that are trademarks of Tribucha or its licensors.  Use of such trademarks requires prior written permission from Tribucha.

This website and all of its content, including, but not limited to, text, design, graphics, video, audio, and code, and the selection and arrangement thereof, are owned by Tribucha or its licensors, and are protected under the copyright laws of the United States and other countries.  You may access, copy, download, and print content from our website for your personal and non-commercial use, or for legitimate business purposes related to your role as a current or prospective customer, supplier or distributer of Tribucha, provided that you do not modify or delete any copyright or trademark notice that appears with such content.  Any other use of content from this website, including, but not limited to, the modification, distribution, transmission, uploading, licensing, or the creation of derivative works, is expressly prohibited.  Tribucha and its licensors retain their respective rights and ownership in the content provided on our website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Tribucha’s discretion.  Tribucha neither warrants nor represents that your use of content from this website will not infringe rights of third-parties unaffiliated with Tribucha. 

Content You Contribute

If you choose to submit content using our website, you grant Tribucha an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content.  You further agree that any content you submit to our website will be considered non-confidential.  In this regard, Tribucha is free to use any ideas or concepts that you provide via our website.  You grant Tribucha in its discretion the right to use the name you provide in connection with any content you provide.  You represent and warrant that the content you provide using our website is original to you, does not infringe on another party’s intellectual property rights, and that no other party has any rights thereto.

You understand and acknowledge that you are responsible for any content you submit to our website, and that you, not Tribucha, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.  Any content or opinions posted to this website, other than content provided by Tribucha, are solely the opinions and responsibility of the person or entity submitting them, and do not necessarily reflect the opinion of Tribucha.  In this regard, we reserve the right to remove or refuse from our website any content you provide for any or no reason in our discretion.

Reliance on Website Information

While we attempt to provide accurate and up to date information on our website, we make no warranties or representations as to the accuracy and completeness of such information, and we assume no liability or responsibility for any omissions or errors in the information on our website.  If you find any inaccuracies with the information on our website, please let us know by emailing us at info@tribucha.com.

Information provided on our website relating to nutrition and health is provided for informational purposes only, and is not intended to provide any nutritional or medical advice.  While we try to ensure that the information on our website is accurate, you should always read labels, warnings and directions before using or consuming any of our products.

Prohibited Uses

You must use our website only for the purposes expressly set forth on this website and in these Terms of Use.  Any other use of our website is prohibited.  If there is a conflict between any statement elsewhere on this website and any provision of these Terms of Use, the provision of these Terms of Use will apply.

By using our website, you agree not to: (a) use our website for any purpose that is unlawful; (b) use our website for any purpose that is not expressly permitted by this website or these Terms of Use; (c) use this website in any manner that could damage, disable, overburden, or impair any computer system, server, or network; (d) use this website in any manner that interferes with any other person’s use of our website; or (e) attempt to gain unauthorized access to our website, other accounts, or any computer system, server, or network.

You must ensure that your use of our website complies with all applicable laws and regulations.

If you fail to abide by these Terms of Use in any way, we may prohibit you from using our website and/or your account.

Linking to Our Website

You may link to our homepage, provided you do so in a way that does not damage our reputation or take advantage of it.  We reserve the right to withdraw linking permission without notice.  If linking to our homepage, you must not establish a link in such a way so as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Links to Third-Party Websites or Resources

This website may link to other websites or resources owned or operated by third-parties.  We have no control over the contents of such third-party websites or resources, and we therefore accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third-party websites or resources linked to our website, you do so entirely at your own risk and subject to the terms of use and privacy policies for such websites or resources.

Purchasing Products from Our Website

You must be at least 18 years old to purchase products from our website.  If you decide to set up an account on our website, you are exclusively responsible for the supervision, management, and control of your username and password.  We reserve the right to refuse service, terminate your account, or cancel your order in our discretion, including without limitation, if we believe that your conduct violates applicable law or is harmful to our interests.

When purchasing products from our website, you will be asked to provide us with payment information including: (i) your credit card number, (ii) your name as it appears on your credit card, (iii) the credit card type, (iv) the date of expiration, and (v) the security code for the card.  You represent, warrant, and agree that you will not use any credit card or other form of payment unless you have all necessary and legally required authorization to do so.  We will not be liable in the event your children or others acting with or without your permission use your credit card to make purchases on our website, and to the extent your minor children make any such purchases, you represent and warrant that they are authorized to do so.  In this regard, please report any unauthorized use of your payment information or your account to our customer service team, so we can help prevent future unauthorized use of your payment information or account.  Our customer service team can be contacted at info@tribucha.com.

Risk of Loss and Shipment

The risk of loss and title for all products you purchase from our website passes to you upon our delivery to the shipping carrier.  We reserve the right to limit the quantities of any products purchased from our website and to decline to ship any products outside the continental United States.

Disclaimer of Warranties

If you download any content from our website, you do so at your own risk.  You are responsible for any damage to your computer system or loss of data that results from the download of such content.

THIS WEBSITE AND ALL CONTENT, SERVICES, AND PRODUCTS AVAILABLE FROM THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND.  ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

Limitation on Liability

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TRIBUCHA, AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND MEMBERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, PRODUCTS AVAILABLE ON THIS WEBSITE, ANY VIRUSES OR OTHER HARMFUL CODE AFFECTING THIS WEBSITE, THE USE OR INABILITY TO USE THIS WEBSITE, LOSS OF GOODWILL OR PROFITS, AND/OR LOST BUSINESS.  IN ANY EVENT, TRIBUCHA’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU PAID TO TRIBUCHA IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO YOUR CLAIM.

Indemnification

You agree to defend, indemnify and hold harmless Tribucha, its affiliates, licensors, service providers, employees, agents, officers and members, from and against any and all claims, damages, costs and expenses (including attorneys’ fees), arising from and relating to your violation of these Terms of Use or your use of this website. 

Governing Law and Jurisdiction

Tribucha maintains and operates this website from its offices in Wake County, North Carolina.  Any dispute or claim arising from or related to these Terms of Use or this website will be governed by and construed in accordance with the laws of North Carolina, without giving effect to any choice or conflict of law provision.  Any legal suit, action, or proceeding arising from or related to these Terms of Use or our website will be instituted exclusively in the federal and state courts located in Wake County, North Carolina, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

Our failure to enforce any provision or right under these Terms of Use shall not be deemed a waiver of such provision or the right to enforce such provision.

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms of Use will continue in full force and effect.

How to Contact Us

We welcome your comments and questions about these Terms of Use, or about the information and products available on our website.

For questions or comments on these Terms of Use or the information on our website, please contact us at info@tribucha.com

This website is owned and operated by:
Tribucha LLC
1006 SW Maynard Rd.
Cary, NC 27511

SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Tribucha (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

• User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
• User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Tribucha and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
• Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of beverages. Messages may include checkout reminders.
• Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
• Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at info@Tribucha.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
• MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
• Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
• Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
• Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
• Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

• Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Cary, NC before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Tribucha’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

• Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
• Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

Last updated: November 2, 2021