2. Intellectual Property: All content available on this Site, including but not limited to text, logos, graphics, button icons, audio, images, as well as the selection, assembly and arrangement thereof, data compilations and software and the compilation therefore (the "Content") is the property of Urbāna, Inc., its affiliates or partners, and is protected by U.S. and international copyright law. All audio and video clips are licensed by or are the sole property of Urbāna, Inc. All software used on this Site is licensed by or is the sole property of Urbāna or those vendors supplying the software. The content and software on this Site may be used as a shopping or purchasing resource and for no other purpose. Any other use, including reproduction, modification, display or distribution of the content on this Site, is strictly prohibited.
3. The Urbāna logo and service marks shown on this Site (the "Trademarks") are the registered trademarks of Urbāna, Inc. and are protected by U.S. and international trademark laws. Neither the content nor Trademarks nor any portion of this Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or by any means without prior written permission of Urbāna. Any unauthorized use of materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
4. Disclaimer: This site is provided by Urbāna, Inc. on an "as is" basis. We make no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content or materials on this Site. To the extent permitted by applicable law, Urbāna disclaims all warranties, express or implied, including but not limited to implied warranties or merchantability, non-infringement or fitness for a particular purpose. Urbāna will not be liable for any damages of any kind arising from use of this Site, including but not limited to direct, indirect, incidental, punitive and consequential damages.
6. Your Account: You may choose to register at our Site. If you do, you will be asked to supply an email address, username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide accurate, truthful information.
7. Indemnification: You agree to indemnify, defend and hold harmless Urbāna, Inc. and its affiliates, vendors, content providers, subsidiaries, related entities, officers, directors, employees, attorneys and agents, from and against any and all losses, damages, claims and actions, including reasonable attorney fees, resulting from any third party claim, action or demand associated with your use of the Site and in violation of these terms or the infringement by you of any intellectual property rights of any person or entity. You also agree to indemnify us for any loss, damages or costs, including reasonable attorney fees, resulting from your use of software robots, spiders, crawlers or similar data-gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
8. Disputes: With respect to any dispute regarding this Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of North Carolina, as if the Terms and Conditions were a contract wholly entered into and wholly performed within North Carolina. Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in North Carolina, except that, to the extent you have in any manner violated or threatened to violate Urbānas intellectual property rights or the intellectual property rights of our affiliates or partners, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules of the American Arbitration Association then prevailing. The arbitrators decision shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding these dispute resolution requirements, for any injunctive relief relating to your access to or use of the Site, including without limitation, related services, you agree and hereby submit to the exclusive jurisdiction and venue of the appropriate state or federal courts located in Charlotte, North Carolina.
9. Sales Tax: Urbāna shall automatically charge the applicable sales tax for orders to be delivered to addresses within the State of North Carolina. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. By North Carolina law, Urbāna is required to charge sales tax on shipping and handling to deliveries within the State of North Carolina.
10. Typographical Errors: We attempt to be as accurate as possible in our descriptions of products on this Site. However, we do not warrant that the product descriptions are accurate, complete, current or error-free. In the event a product is listed at an incorrect price or with incorrect price, Urbāna shall have the right to refuse or cancel any order placed for a product listed at an incorrect price whether or not the order has been confirmed and whether or not the credit card has been charged. If the credit card has been charged for the purchase and the order is canceled, Urbāna will immediately issue a credit to the credit card account in the amount of the charge.
11. Order Acceptance: Your receipt of an electronic confirmation or other form of confirmation does not signify acceptance of your order, nor does it constitute confirmation of Urbāna's offer to sell. Urbāna reserves the right at any time after receipt of your order to accept or decline your order for any reason. Urbāna reserves the right at any time after receipt of your order, with or without prior notice, to supply less than the quantity you ordered of any item. For the Tea of the Month Club, Urbāna reserves the right to substitute out-of-stock or discontinued items with an item of similar or greater value. Urbāna reserves the right, with or without prior notice, to cancel any orders that we believe, in our sole discretion, may result in violation of our Terms and Conditions.
12. Waiver and Severability: No delay or omission by Urbāna to exercise any right or any noncompliance on your part with respect to the Terms and Conditions shall impair any such right or be construed to be a waiver by Urbāna. If any provision of the Terms and Conditions is found under arbitration or by a court of competent jurisdiction to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.
14. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership or other form of joint enterprise between you and Urbāna. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
15. Contact Us: If you have any questions regarding these Terms and Conditions, please email us.