Welcome to 7Cups.com (“7 Cups” or “7 Cups of Tea” or “Site”), the Web site that is a platform for on-line and phone based listening, advice, and professional consulting services. The specific features and functionality of the Site are to be determined solely by 7 Cups of Tea and are subject to change or termination without notice. This Agreement sets and contains all of the terms and conditions between you, a Listener in your field (“Listener”) and 7 Cups of Tea. By clicking the “Create Account” button to submit a Listener registration form, a binding agreement will be executed between you and 7 Cups of Tea. The Listener should therefore read this Agreement carefully. If, however, you (the Listener) do not agree to be bound by this Service Agreement do not click on the “Create Account” button. In such case you will not be able to register as a Listener at 7 Cups of Tea. YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSIONS TO USE 7 CUPS OF TEA. YOU MUST NOT ACCESS 7 CUPS OF TEA OR ACCEPT THESE TERMS IF YOU ARE A PERSON WHO IS EITHER BARRED OR OTHERWISE LEGALLY PROHIBITED FROM RECEIVING OR USING 7 CUPS OF TEA UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ACCESS OR USE THE SERVICE.
Definition of Service: 7Cups.com provides a platform where a Listener may present his or her profile information, expertise, and sell listening or advice or services to interested 7 Cups of Tea users (“Members”). 7 Cups of Tea makes no representation or warranty whatsoever as to the willingness or ability of Members to pay for listening or any advice given by the Listener. Therefore, Listener is encouraged to verify the details and credit-worthiness of those Members to whom Listener gives or contemplates giving advice.
THE LISTENER ACKNOWLEDGES AND AGREES THAT 7CUPS.COM IS BEING PROVIDED FOR USE AS IS, AND THEREFORE LISTENER WILL NOT HAVE ANY PLEA, CLAIM OR DEMAND VIS-A-VIS 7 CUPS OF TEA IN RESPECT TO 7CUPS.COM’S MEMBERS, PROPERTIES, LIMITATIONS OR COMPATIBILITY WITH THE LISTENER’S NEEDS. THE USE OF 7CUPS.COM IS ACCORDINGLY BEING MADE AT THE LISTENER’S SOLE AND ENTIRE RISK, WITHOUT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. 7 CUPS OF TEA EXPRESSLY DISCLAIMS ALL WARRANTIES FOR INFORMATION POSTED OR TRANSMITTED BY ITS MEMBERS. IF A LISTENER DECIDES TO PROVIDE LISTENER’S SERVICES THROUGH THE USE OF 7CUPS.COM, LISTENER MUST EXERCISE A REASONABLE STANDARD OF CARE, AT LEAST THE SAME AS LISTENER WOULD IN A SIMILAR TRANSACTION NOT CONDUCTED THROUGH THE INTERNET, OR THE STANDARD OF CARE MANDATED BY HIS OR HER PROFESSION, WHICHEVER IS HIGHER. THE LISTENER SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST 7 CUPS OF TEA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS IN RESPECT OF ANY SERVICES LISTENER DECIDES TO PROVIDE IN CONNECTION WITH THE USE OF 7CUPS.COM. 7 CUPS OF TEA WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH 7CUPS.COM. THE SALE OR PURCHASE OF SERVICES IS ACCORDINGLY EFFECTED AT THE LISTENER’S SOLE AND ENTIRE RISK. UNDER NO CIRCUMSTANCES WILL 7 CUPS OF TEA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS BE LIABLE TO ANY LISTENER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING FROM THE SERVICES OR ANY PROVISION OF THIS AGREEMENT. 7 CUPS OF TEA, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS’ AGGREGATE LIABILITY FOR DIRECT DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY PAID TO 7 CUPS OF TEA BY LISTENER THROUGH 7CUPS.COM IN THE SIX MONTH PERIOD PRIOR TO THE DATE THE CLAIM AROSE. LISTENER ACKNOWLEDGES AND AGREES THAT 7 CUPS OF TEA DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MEMBER IN CONNECTION WITH PROVISION OF ANY SERVICES BY LISTENER (INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS BY THE LISTENER AS TO LISTENER’S QUALIFICATIONS AND ADVICE PROVIDED BY THE LISTENER) THROUGH THE 7 CUPS OF TEA SERVICE AND LISTENER AGREES TO INDEMNIFY AND HOLD 7 CUPS OF TEA HARMLESS IN CONNECTION WITH ANY SUCH CLAIM AND ANY DAMAGES OR EXPENSES ARISING THEREFROM. 7 CUPS OF TEA WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN ANLISTENER AND A MEMBER, INCLUDING LISTENER FEE AGREEMENT. LISTENER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH A MEMBER. LISTENER FURTHER ACKNOWLEDGES THAT LISTENER WILL SOLELY BE RESPONSIBLE AND LIABLE FOR ANY DAMAGES TO ANY MEMBER TO WHOM LISTENER PROVIDES SERVICES AND WHERE THAT MEMBER SUFFERS DAMAGES ARISING FROM OR CONNECTED TO SUCH SERVICES. IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED THROUGH 7CUPS.COM, LISTENER HEREBY RELEASES 7 CUPS OF TEA AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEY’S FEES, WHICH LISTENER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL LISTENER: THE ADVICE OR INFORMATION YOU PROVIDE TO MEMBERS IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A MEDICAL PROFESSIONAL. YOU WILL PROVIDE INFORMATION AND ADVICE ONLY ABOUT NON-EMERGENCY MATTERS. FOR EMERGENCY MATTERS YOU WILL INSTRUCT THE MEMBER TO IMMEDIATELY CALL 911 OR THEIR LOCAL EMERGENCY ASSISTANCE NUMBER. IF YOU ARE A PHYSICIAN, MENTAL HEALTH PROFESSIONAL OR OTHER MEDICAL LISTENER, YOU WILL NOT ENGAGE IN THE PRACTICE OF MEDICINE OR ENTER INTO A PHYSICIAN/PATIENT RELATIONSHIP WITH ANY MEMBER THROUGH 7CUPS.COM. IN ADDITION, YOU AGREE THAT YOU:
By submitting the Listener registration form, you, the Listener, represent, warrant and agree to the following:
You, the Listener, will be solely and fully liable for all conduct, services, advice, postings and transmissions that are made under your user name and password. You represent, warrant and declare that while you are using 7Cups.com as and Listener, you will act according to the following rules:
Listener will be solely responsible for the services provided to Members and to the verification of Members’ identity and other information delivered to you by Members;
As a platform where Listener can offer services, 7 Cups of Tea is not involved in any transactions between Listener and Members. 7 Cups of Tea does not control the accuracy of any postings on the Site or transmissions through it by Members. In addition, 7 Cups of Tea cannot and will not make any effort to verify the identity of any of its Members;
Listener agrees that any information or content that Listener posts or transmits through 7Cups.com will not be considered Listener’s confidential information, but rather this information, whether personal in nature or not, shall be owned by 7 Cups of Tea. Listener further agrees and consents to the Listener’s chats or transcripts, being captured in any format, controlled, processed and shared by 7 Cups of Tea with third parties as designated solely by 7 Cups of Tea;
Listener grants 7 Cups of Tea an unlimited, irrevocable, royalty-free license to use, reproduce, display, edit, copy, transmit, process, control, publicly perform and create derivative works, communicate to the public or any third party any such information and content on a world-wide basis; Listener will not attempt to provide any service that he or she is not qualified to provide, even if requested so by a Member. Listener will not answer questions from the public board in fields that are not within Listener’s fields of expertise;
Listener will not mislead Members to believe that he or she can provide a service which is outside Listener’s fields of expertise;
All interactions between Listener and Member will be billed through 7 Cups of Tea regardless if the interaction is online or offline. Listener agrees to abide by the pricing terms agreed upon with Members while utilizing 7Cups.com;
All contact between Listeners, consumers and any other users who are introduced through the 7 Cups of Tea platform must be conducted only through the 7 Cups of Tea platform. Exchange of personal contact information is strictly prohibited. Any exchange of contact information or communication outside of the 7 Cups of Tea platform, whether via personal email, phone, in person or any other means, is strictly prohibited and is a violation of this Agreement. In the event 7 Cups of Tea suspects or determines any such unauthorized contact, 7 Cups of Tea reserves the right to withhold payments, levy fines, and/or suspend or terminate service in its sole and absolute discretion.
Listener will not take any actions which may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on the Site. 7 Cups of Tea may change ratings policy at any time and without warning. 7 Cups of Tea also reserves the right to exclude without explanation any rating that we think may compromise the integrity of the Member feedback system.
Listener will not interfere with or disrupt the 7Cups.com site or servers or networks connected to the Site;
Listener will not attempt to gain unauthorized access to other computer systems or networks connected to the Site, and will not transmit “junk mail”, or any unsolicited mass distribution of e-mail or bulletin board postings;
Listener will not transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful or otherwise objectionable material of any kind;
Listener will not disobey or breach this Agreement or any other applicable instructions conveyed by 7 Cups of Tea or its officers;
Listener will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Listener will not upload, post, e-mail, transmit or otherwise make available: (a) any information or material that infringes a third party right, especially copyright or other intellectual property rights; (b) any third party advertisements, including banner exchange services; (c) software viruses, Trojan horses, worms or any other malicious application or (d) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law;
Listener will not impersonate any person or entity, or make any false statement regarding Listener’s employment, agency or affiliation with any person or entity;
Listener will not stalk, threaten or harass Members or other Listeners or invade or attempt to invade their privacy;
Listener will not violate, or aid or abet the violation of, any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;
Listener will not engage in conduct that is harmful, unethical, fraudulent, deceptive or offensive;
Listener will not disclose any information that was provided to Listener by a Member and will use his or her best efforts to guard Member’s privacy; and
Listener agrees to comply with all applicable laws regarding use of this Site. Listener may not use this Site to solicit the performance of any illegal activity or other activity which infringes the rights of 7 Cups of Tea or others. Listener agrees not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any other person’s use of the Site. Listener may not attempt to gain unauthorized access to any portion or feature of the Site by hacking, password “mining” or other illegitimate method of gaining access to restricted data.
7 Cups of Tea may review the Listener’s personal profile and amend any typing or spelling errors. 7 Cups of Tea cannot and will not verify or examine the truthfulness or accuracy of the details in the Listener’s personal profile, credentials, qualifications, or any of Listener’s postings or transmissions. However, 7 Cups of Tea may, in its absolute discretion, remove or refuse to post or transmit any content uploaded by the Listener. Without derogating from the above, 7 Cups of Tea may remove any content violating this Agreement. The Listener will bear all the risks associated with the uploading and transmitting material utilizing 7Cups.com, including reliance on its accuracy, reliability or legality.
When you, the Listener, create and open an account with 7 Cups of Tea, you will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and user name and any other security information related to your account. You will be fully responsible for all activities that occur under your account, user name or password. You may not use the account, username or password of someone else at any time. You will immediately notify 7 Cups of Teaof any unauthorized use of your password, user name, e-mail or any other breach of security. 7 Cups of Tea encourages Listeners to change their password at least once a month.
7 Cups of Tea will not be liable for any loss that you incur as a result of someone else using your account or your password, either with or without your knowledge. You may be held liable for any losses incurred by 7 Cups of Tea due to someone else’s use of your account or password.
Listener does not have to furnish the information required for registration in 7Cups.com. However, without that information, Listener will not be able to use 7 Cups of Tea’s services. 7 Cups of Tea, Co. is the sole owner of the information collected on this Site. 7 Cups of Tea will not sell, share, or rent this information to others in ways different from what is disclosed in this Agreement. By consenting to this Agreement, you agree and acknowledge that 7 Cups of Tea may collect, process, and transfer any information, private or otherwise, so long as 7 Cups of Tea does so for the purpose for which it was collected.
In order to use 7Cups.com, both Members and Listeners must first complete the registration form. During registration, the Listener is requested to furnish contact information, such as name and e-mail address. This information is used to contact the Listener about the services on 7Cups.com for which he or she has expressed interest, and is also used as Listener’s login information. Listener is encouraged to provide additional personalized information (such as experience and qualifications) and unique identifiers (such as a screen name), so 7 Cups of Tea may provide a more personalized experience on the Site. In such case Listener may decide whether he or she wishes to provide such information or not.
The information furnished by the Listener during the registration process will be kept in 7 Cups of Tea’s database. 7 Cups of Tea will use reasonable means to protect the integrity and safety of the database. However, such means are not fault-proof and 7 Cups of Tea will therefore not be liable for any direct, indirect, consequential or incidental damage that the Listener may sustain due to unauthorized intrusion to the database. Listener consents to 7 Cups of Tea collecting and processing Listener’s personal information for normal business use by 7 Cups of Tea.
The main purpose of 7 Cups of Tea is to provide a platform for registered Listeners to provide Members with listening and advice services that they seek. By utilizing 7Cups.com Listeners and Members can negotiate and enter into a contract for advice. 7 Cups of Tea does not screen or edit the content of communications between Listeners and Members, but 7 Cups of Tea may screen, copy, transmit and review all communications conducted by or through 7Cups.com for technical support and/or in order to uphold the terms of this Agreement. Such communications are confidential, personal and private unless both the Member and the Listener agree to other distribution, for example, by posting questions or services on the Public Board (described later). All communications between Listeners and Members are NOT encrypted and thus may be subject to unauthorized interception and monitoring.
7 Cups of Tea makes a Public Board available to its Listeners and Members. The Public Board allows Members to post questions or service requests that can be viewed by all Listeners. Requests may be posted anonymously. A Member can designate the length of time they wish to have their question remain “in view” on the public board. All postings, descriptions, etc. are public until a Member enters into a personal negotiation with anListener. All subsequent communications between the Member and Listener, including both the negotiation phase and the actual relaying of service, are not available to other 7 Cups of Tea Members and are confidential between the Listener and Member.
7 Cups of Tea clearly denotes to its users which communications are visible to the public and those that are visible to specific, individual users only.
All information provided to a listener via chat or phone based services is confidential. This information cannot be shared with another person. Chat logs and phone conversations are not recorded.
7 Cups of Tea may use IP addresses to analyze trends, administer the site, track Listener’s movements on the site, and gather broad demographic information for aggregate use. IP addresses may also be linked to personally identifiable information in order to enhance the Listener’s experience when using our site. 7 Cups of Tea may also retain any e-mails, letters or other correspondence between Listener and 7 Cups of Tea to ensure quality control and the best possible service, although it has no obligation to do so.
7 Cups of Tea may use the information furnished by the Listener, as well as information that it collects regarding use patterns and transactions that are conducted through 7Cups.com, in order to improve 7Cups.com, to analyze statistical information regarding 7Cups.com, and to furnish such statistics to third parties, including advertisers. Information furnished to third parties will not identify the Listener personally.
7 Cups of Tea may from time to time send e-mail advertisements to Listener, whether the material is its own or is commercial information furnished by third parties. Listener is given the opportunity to “opt-out” of having his or her information used for purposes not directly related to 7Cups.com at the point where 7 Cups of Tea asks for such information. 7 Cups of Tea’s registration form has an opt-out mechanism to allow for removal from newsletters, promotions, etc., and Listeners can always choose to opt-out by following the appropriate mechanism from within Listener’s 7 Cups of Tea account.
7 Cups of Tea may use the details of transactions executed through 7Cups.com for promotional and informational purposes and publish their details on 7Cups.com, provided that such publication will not identify the Listener or Member in any means other than their Screen Name. If the Listener elects to use 7 Cups of Tea’s referral service for informing a friend about the Site, 7 Cups of Tea asks the Listener for the friend’s name and e-mail address. 7 Cups of Tea will automatically send the friend a one-time e-mail inviting them to visit the Site. 7 Cups of Tea stores this information for the sole purpose of sending this one-time e-mail. The friend may contact 7 Cups of Tea to request the removal of this information from its database.
Currently, 7 Cups of Tea does not share aggregated information with our partners and advertisers, but may do so in the future. This will not be linked to any personal information that can identify any individual person. 7 Cups of Tea will use a credit card processing company to bill users for use of the 7 Cups of Tea service. These companies do not retain, share, store or use personally identifiable information for any secondary purpose.
7 Cups of Tea reserves the right to partner with another party to provide specific services. When the Listener signs up for these services, 7 Cups of Tea will share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services or as otherwise specified in the registration process for such services.
7 Cups of Tea may, in its discretion, create co-branded Web sites with its partners. In such case, the Listener listings may appear in the co-branded site, but 7 Cups of Tea will not transfer any personally identifiable information about the Listener to the other Web site without receiving the Listener’s prior consent. The co-branded sites are maintained on 7 Cups of Tea servers. Unless Listener agrees otherwise all personally identifiable information is stored solely by 7 Cups of Tea. 7 Cups of Tea does record the partner Web site from which a visitor has linked to 7 Cups of Tea. If a visitor registers to become a Member and/or a Listener, 7 Cups of Tea may track the partner’s name, in order to further the relationships 7 Cups of Tea has with its partners.
7 Cups conducts research on our global platform. This research looks at how different activities on 7 Cups (individual chatting, group chatting, growth path exercises etc.) impact wellness test scores and scores on other measures provided. Additionally, researchers from universities also conduct research on 7 Cups. For example, there have been studies conducted on 7 Cups that look at how listeners establish a connection or therapeutic alliance with guests or members. Other studies have looked at how 7 Cups helps people struggling with schizophrenia or perinatal depression. All data is anonymized (or anonymous). All research done by university researchers is approved by their institutional review board and 7 Cups. Research and outcomes are key to helping people make real change and progress in their lives.
If a Listener wishes to update his or her personally identifiable information, such as a mailing address, or if a Listener no longer desires 7 Cups of Tea’s service, 7 Cups of Tea will endeavor to provide a way to correct, update or opt-out of any of 7 Cups of Tea’s services. This can usually be done from within the Listener’s 7 Cups of Tea account, or by e-mailing Customer Support at firstname.lastname@example.org.
If the Listener has any questions about 7 Cups of Tea’s privacy statement, the practices of 7Cups.com or your dealings with 7 Cups of Tea, please contact 7 Cups of Tea’s service department at email@example.com.
7 Cups of Tea makes no claim that the content of the Site is appropriate or may be downloaded outside the United States. If you access the Site from a location outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction regarding online conduct and acceptable content.
7 Cups of Tea may include in 7Cups.com advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Listener may be shifted to a Web site of the advertiser or receive other messages, information or offers from the advertiser. Listener acknowledges and agrees that 7 Cups of Tea is not liable for the privacy practices of advertisers or the content of their Web sites, information, messages or offers. Listener is wholly liable for all communications with advertisers and for all transactions subsequently executed.
7 Cups of Tea reserves the right to modify or discontinue, temporarily or permanently, the services in 7Cups.com, with or without notice to Listener. Listener agrees that 7 Cups of Tea shall not be liable to Listener or any third party for any modification or discontinuance to 7 Cups of Tea services, or for any losses or damages that may result to Listener or his or her Members from such discontinuation or interruption of service.
7 Cups of Tea’s services depend upon different factors such as: software, hardware and communications networks of 7 Cups of Tea, its contractors and suppliers. Hence, 7 Cups of Tea cannot guarantee that 7Cups.com will not be interrupted, or that it will be timely, secure or error-free.
7 Cups of Tea, in its sole discretion and for any reason, may terminate Listener’s participation in 7Cups.com and refuse any and all current or future use by Listener of 7Cups.com.
Listener may terminate their Agreement with 7 Cups of Tea at any time by sending a signed notice to 7 Cups of Tea via mail or fax. E-mails will not be accepted. 7 Cups of Tea shall invalidate Listener’s user name and password within thirty (30) days of receiving such notice. Listener may inactivate his or her own account for any desired period of time from within their 7 Cups of Tea account. Notwithstanding termination, all obligations of Listener under this Agreement relating to any activity prior to the termination date shall remain in full force and effect.
7 Cups of Tea is the sole owner of all the intellectual property, and in particular the copyright, trademarks, database and patents, in 7Cups.com and in any software, application, graphics, text and other materials used therein, including the organization of the materials contained therein.
Listener may not operate robots or spiders to scan 7Cups.com’s database. Listener may use “deep linking” only to his or her personal Web page within 7Cups.com but not to any other part thereof. Listener may not view 7Cups.com with a graphic user interface different from the one designed by 7 Cups of Tea.
7Cups.com contains copyrighted material, trade secrets and proprietary information owned by 7 Cups of Tea. This Agreement does not grant the Listener any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of 7Cups.com. The Listener may not create derivative software based upon any trade secret, intellectual property or proprietary information of 7 Cups of Tea. Furthermore, the Listener may not sub-license, assign or transfer, sell or make any other commercial use of his or her membership in 7Cups.com.
The Listener may not adapt or use any trademark or trade name, domain name similar to or likely to be confused with that of 7 Cups of Tea’s and 7Cups.com, or take any other action which infringes or impairs 7 Cups of Tea’s trademark rights.
7 Cups of Tea shall retain all ownership in and to 7Cups.com and all content displayed on the 7Cups.com Web site including copies of data transferred or received by Listener on the site.
7 Cups of Tea respects the intellectual property of others, and we ask our users to do the same. 7 Cups of Tea may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide 7 Cups of Tea’s Copyright Agent the following information:
7 Cups of Tea’s Copyright Agent for Notice of claims of copyright infringement can be reached via email: firstname.lastname@example.org.
7 Cups of Tea grants Listener a nonexclusive, revocable right to use the Site provided that Listener does not copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code, or breach this Agreement.
Listener will indemnify, defend and hold harmless 7 Cups of Tea, and its employees, representatives, agents and Affiliates against any and all losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against 7 Cups of Tea or such party, to the extent that such claim, suit, action or other proceeding is based on or arises from: (a) any breach of any representation, warranty, covenant or agreement to be performed by Listener according to this Agreement; (b) Listener’s provision of services to any third party, regardless of whether or not they are Members of the 7 Cups of Tea service; or (c) any materials that Listener has posted to 7Cups.com and/or any content on Listener’s Web site or otherwise provided to Members. Listener represents and warrants that it maintains and will continue to maintain adequate insurance if such insurance is required by any applicable laws or regulations which apply to the provision of services by Listener, including, without limitation, professional liability insurance applicable to the legal and medical professions.
Any notice or other communication to be given hereunder will be in writing and, unless otherwise provided, given by facsimile, postpaid registered or certified mail/return receipt requested, or electronic mail. The date of receipt shall be deemed the date on which such notice is given.
Listener shall not assign this Agreement or assign, pledge or mortgage any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of 7 Cups of Tea. Any purported transfer, assignment or delegation by Listener without the appropriate prior written approval will be null and void and of no force or effect.
7 Cups of Tea may change this Agreement by posting modifications on the Site. Unless otherwise specified by 7 Cups of Tea, all modifications shall be effective upon posting. Therefore, Listener is encouraged to check the terms of this Agreement frequently. By using the service or Site after the changes become effective, Listener agrees to be bound by such changes to the Agreement. If Listener does not agree to the changes, Listener may terminate access to the Site and participation in 7 Cups of Tea’s services.
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Virginia (excluding any rules governing choice of laws) and any legal proceeding arising out this Agreement will occur exclusively in courts of Norfolk, Virginia. Listener agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between 7 Cups of Tea and Listener with respect to the subject matter hereof, and Listener has not relied upon any promises or representations by 7 Cups of Tea with respect to the subject matter except as set forth herein. In the event of any conflict between this Agreement and the Member Agreement, this Agreement shall take precedence.
No waiver, concession, extension, representation or any alteration or addition to these Agreement or pursuant hereto will be effective unless made expressly and in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.
The Listener may report any violation of this Agreement to 7 Cups of Tea’s service department via email at email@example.com.
7 Cups of Tea, Co. is a DE based corporation.