Welcome to the Rose Market website. The following terms and conditions (the “Terms,” “Agreement”) outlined herein constitute a legally binding agreement between you and Rose Market and govern your access, use of, and purchase of products from the Rose Market website (the “Website”). The Website is owned and operated by Zorba Stores Inc, dba Rose Market (“Rose Market”). 

The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies, and procedures that may be made available on the Website from time to time. By visiting our Website and/or purchasing something from us, you hereby agree to be bound by the Terms herein as it applies to your purchase or use of any products offered on the Website either as a guest or as a registered user. 

By accessing and/or using the Website, you represent and warrant that you have the capacity to enter into the agreement and to abide by all of the terms and conditions set forth herein. You may not access or use this Website, subscribe to our newsletter, or accept this agreement unless you agree with the terms herein. If you do not agree with all provisions of this agreement, please do not access and/or use the Website, sign up for our newsletter, or purchase products through the Website.

Throughout these Terms, we use “Rose Market,” “we,” “us,” and “our” to refer to Rose Market, offering our Website to you. “You” refers to you as an individual who makes use of the Rose Market Website.

IMPORTANT ARBITRATION NOTICE: THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, MANDATORY ARBITRATION, AND CLASS ACTION WAIVER. THIS MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. THIS AGREEMENT ALSO INCLUDES A JURY WAIVER.

THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE.

• Changes to the Terms

We may modify these Terms at any time, at our sole discretion, as they are subject to change. If we do so, we will let you know either by posting the modified Terms on the Website or through other communications, such as the mobile phone number and email address registered in your account. You are advised to review the Terms whenever we modify them. If you continue to use the Website after we have posted modified Terms on the platform, you are indicating that you agree to be bound by the modified Terms. 

The contents of this Website may include technical inaccuracies or typographical errors. We may publish changes to the contents without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this Website, you agree to be bound by any such revisions.

If you do not agree to be bound by the modified Terms, then you may not use the Website anymore. Because our services are evolving, we may change or discontinue all or any part of the Website, at any time and without notice, at our sole discretion.

• Sale of Alcoholic Wine

Rose Market strictly prohibits the sale of alcohol to individuals under the age of 21. By visiting and using our Website, you confirm that you are 21 years or older. Rose Market takes all necessary precautions to prevent the delivery of alcoholic beverages to anyone under 21. By using this Website, you also acknowledge that the recipient of any alcoholic shipment from Rose Market is above the age of 21. Furthermore, you agree that any alcohol purchased from Rose Market is solely for personal consumption, not resale. 

If you do not agree with these terms and conditions, we kindly ask you not to use this Website. Please be aware that providing alcohol to someone under the age of 21 by misrepresenting your own age, whether intentionally or unintentionally, is strictly forbidden, and Rose Market will fully prosecute any such actions to the maximum extent permitted by law.

1. Rose Market account: registration, and security

You may need to register and create a Rose Market user account to gain access to some of our content or use certain Rose Market services. You will need to register and obtain an account, username and password. When you register, the information you provide us during the registration process will help us offer content, service, and management of your account. 

Eligibility: You must be at least 21 years of age (or the legal age in your jurisdiction) in order to be able to purchase alcoholic wines from our Website. For non-alcoholic wines and other purchases and use of the Website, you must be at least 18 years of age and agree to be bound by these Terms.

1. Account registration and acceptance: To use certain features on the Website, you may be required to register for an account and complete a profile with the required information. To create an account, you will be required to submit certain personal information, such as your name, age, email address, phone number, and other relevant information, as may be required at the time of registration or by using a Single Sign-On (“SSO”) feature using your existing third party networking accounts that are enabled by Rose Market now or in the future such as Google or others (“Third Party Networks”), if any. We may also require you to provide additional information about you and your preferences from time to time, which is not a compulsory requirement to register for a user account but may be helpful to Rose Market in improving and providing you with a more customized user experience when using the Website.
2. Username, passwords, and account security: When you register for an Account, you may be asked to choose a username and password for the Account. You are responsible for creating a strong password and maintaining adequate security and control of any and all passwords that you use to access the Website. You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your Account. We encourage you not to share your account login information with any third party.

You represent and warrant that your Account information will always be accurate. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend or terminate or block access of your use the Website.

We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of the use of your account, either with or without your knowledge, prior to your notifying us of unauthorized access to your account.

• Intellectual property, copyrights, and trademarks

Intellectual property: All the content included on the Website, including, but not limited to, images, product listings, code, illustrations, text, scripts, graphics, audio clips, video clips, documentation, and other interactive features made available to you on the Website, logos, trademarks, and service marks contained herein, are owned by Rose Market or its licensors. Other service marks, logos, and names on this Website are the property of their respective owners. Any use of the Website or the contents made available to you through the Website other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. 

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by Rose Market at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

Permitted use and restrictions: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Website subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the Website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the Website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Website; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Website or unduly burdening or hindering the operation and/or functionality of any aspect of the Website.

• Product description, availability, and pricing

1. Product Description: We make reasonable attempts to ensure that product descriptions are as accurate as possible. However, due to the dynamic nature of product updates, there may be instances where the most current visual representation is not immediately available on the Website. While we have made reasonable attempts to describe the products and display the colors accurately, the actual colors you see will depend on your monitor or mobile device and may not be accurate as we intended. 

Also, due to modifications in packaging, labels and branding, the actual colors, labels, and branding of the products you receive may vary from the images shown on the product page. This variation may result from updates made by the manufacturer to their product’s appearance over time. We do not accept liability for any loss of whatsoever nature or howsoever caused, arising directly or indirectly from the use of or reliance upon this Website or any of the information it contains. Your sole remedy for a product not as described is to return it in unused condition. 

1. Product Availability: We strive to keep our online inventory availability as accurate as possible, but sometimes an item might unexpectedly go out of stock. In these rare cases, the unavailable items will be removed from the customer’s order. We will notify the customer over email if/when any items are removed from their order. In such case, we will refund in full all amounts you paid in respect of such an unavailable item or offer you a choice to choose an alternative. Unfortunately, we do not have the ability to hold orders until inventory becomes available. If they have a question about a canceled item or order, please contact us by email at or****@************et.com.
2. Product pricing: Although we make reasonable attempts to provide accurate pricing information about the products listed on our Website, typographical errors and pricing mistakes may occur in pricing. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information and other information at any time without prior notice, including after you have submitted your order.
3. Order and Order Limitations: In our sole discretion, we reserve the right to refuse or cancel an order for any reason, including errors in product pricing information, to avoid fraud and to limit the quantities of any product that may be purchased on a per-order or per person basis. By placing an order for products, you accept to pay for the products, including applicable taxes and all shipping and handling charges

6. Payment, tax, delivery of order and risk of loss

1. Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order. Payment for purchases on the Website can be made using most major credit cards and other online payment methods made available to you at the checkout page. If you make use of a credit card to pay for your order, you must use your credit card or a credit card that you are otherwise authorized to use. All credit cardholders may be subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order, and we will not be liable for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.
2. Store sales: By making a purchase at our physical store location, you agree that all sales are final, and no returns or exchanges will be allowed. We kindly request that you carefully consider your purchase before completing the transaction. In rare cases where a product is found to be defective at the time of purchase, we will adhere to the manufacturer’s warranty policies and facilitate the necessary actions to address the issue, subject to the manufacturer’s terms and conditions.
3. Tax: Rose Market will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.
4. Order and shipping: If you order items for delivery, the terms that apply to that delivery will depend upon the item(s) you order, the delivery address, and the delivery method you select. Please see our Shipping and FAQ policies for more information about our order fulfillment and shipping practices.
5. Order cancellation: To cancel an order, please email us at or***@************et.com and identify the items you want to cancel. Order will not be canceled if the order has left our facility and is handed over to the shipping company. For more information about cancellation, please see our Refund and Return policy.
6. Local laws and regulations: By making a purchase on this Website, you agree to comply with all applicable local laws and regulations regarding the purchase, possession, and consumption of alcoholic beverages. You are responsible for understanding and abiding by the laws in your jurisdiction.

7. User representation and acceptable use

You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Website will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the Website, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. From time to time, access to the Website may be interrupted, suspended, or restricted, including because of a fault, error or unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the service being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the Website we make available to you shall be strictly in accordance with the following binding guidelines:

1. You shall not host, display, upload, modify, publish, transmit, update, or share any information that:

1. is in violation of local, state, or federal laws and regulations.
2. belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing links to them or providing information about them;
3. is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,
4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
5. Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming” or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;
6. Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
7. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);
8. Tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits pass-codes or personal identifying information for commercial or unlawful purposes from other users.
9. Interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services;
10. Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or contains content that would be prohibited or violates the letter or spirit of these Terms.

1. You shall not use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
2. You shall not abuse any discounts, coupons, or promotions by harvesting or farming discounts or coupons.
3. You shall not attempt to encourage, permit, or allow other users of the Website to do anything that is prohibited or anything that violates the terms of this agreement.
4. You shall not use the Website for fraudulent or illegal purposes, or in connection with a criminal offense or any unlawful activity.
5.  You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Rose Market.
6. You shall not attempt to obtain another user’s account username, password, or other security information.
7. You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.
8. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website, or any other person’s use of the Website.

You shall not use our Website for any other purpose than Rose Market’s intended purpose as described herein.

8. User-generated content, reviews, comments, feedback, and other submissions

We may permit you from time to time to submit, upload, publish, or otherwise make available textual, audio, and/or visual content and information, including commentary and reviews related to the Services, or initiation of support requests (“User-generated Content”).

You acknowledge and agree that Rose Market provides this review system as a means through which users can publicly share their comments, reviews and opinions about its products. Rose Market does not monitor, contribute to, influence, or censor these opinions. Rose Market does not generally investigate any user-generated content posted by users for accuracy or reliability and does not guarantee that any user-generated content is accurate. You also understand and agree that you are solely responsible for your user-generated content, including the accuracy of any user content, and are solely responsible for any legal action that other users or third parties may institute as a result of or in connection with your user-generated content. 

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Rose Market or our Services (collectively, “Feedback”). You understand that we may use such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Rose Market Services by using the feedback at Rose Market’s sole discretion. You also understand that you are solely responsible for all content that you upload, post, publish, display, or email via the Service. Rose Market does not endorse any User-generated Content, submission, opinion, recommendation, or advice. Rose Market disclaims all responsibility or liability in connection with User-generated Content. You acknowledge the global nature of the Internet and agree to comply with all local rules and laws regarding your use of the Website, including as it concerns online conduct and acceptable content.

You understand that your user-generated content shall be considered non-confidential and non-proprietary; and that by posting, inputting, uploading, sharing, providing, or otherwise submitting any user-generated content to the Rose Market Website, Rose Market will treat such user-generated content as non-confidential. User hereby grants Rose Market, its affiliates, and marketing partners, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right, sublicensable (through multiple tiers) and transferable right and license to reproduce, use, publish, distribute, translate, reformat, transmit, display, modify, create derivative works of and otherwise commercially exploit (including but not limited to over the Internet, broadcast television or any other uses or media {including any or all existing and future social media platforms}) such user-generated content, in whole or in part, including existing and future rights that Rose Market (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed in the future all Content in connection with the sale of products through the Rose Market Website and for the listing, advertising, marketing and promotion of such products, including without limitation, through the Rose Market Website, third party websites, email, social media or any other medium.

9. Copyright infringement and notification (“DMCA” Notice)

Rose Market respects the copyright property of others and asks its users of our Website to do the same. Rose Market’s Website may not be used to transmit, retransmit, distribute, post, or store any material that violates any person’s rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations.

Rose Market has established procedures for enforcing this. If you believe that your copyrighted work has been copied and is accessible on any of Rose Market’s Services in a way that constitutes copyright infringement, please notify us by reaching our Copyright Agent via the following means:

Rose Market Email: in**@************et.com. 

Notification of alleged copyright infringement

In order to be valid, the notification must be in writing and must contain the following information:

1. A description of the copyrighted content or other intellectual property that you claim has been infringed;
2. A statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;
3. A detailed description of where this content or intellectual property is located on the Website, in order for us to find it;
4. Your address, telephone number, and email address;
5. A signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
6. A statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to Rose Market that material is infringing shall be liable to Rose Market and/or the alleged infringer for any damages (including costs and attorneys’ fees) suffered or incurred by Rose Market and/or the alleged infringer as a result of Rose Market’s reliance on such misrepresentation and removing or disabling access to such material. (ii) Similarly, any person who knowingly misrepresents to Rose Market that the material was removed or access blocked by mistake or misidentification shall be liable to Rose Market and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys’ fees) suffered or incurred by Rose Market and/or the copyright owner or its authorized licensee as a result of Rose Market’s relying on such misrepresentation and replacing such removed or blocked material.

10. Third-party content and resources

Some links on the Website may allow you to leave the Website. The linked Websites are not in any way under the control of Rose Market, and we are not responsible for the contents of any of such linked Websites or any link contained in a linked Website or any changes or updates to such Websites. 

Rose Market is not responsible for any form of transmission sent or received from any linked Website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, adoption, or endorsement by us of the Website. Your use of any linked Website is at your own risk and is subject to the terms of use and privacy policies located on such Website.

You understand that any content or information made available or expressed by a third party on the Rose Market platform is that of the respective owner(s) and not Rose Market’s. We neither approve nor are we responsible for the accuracy, currency, or reliability of any content, opinion, information, advice or statement made on the Website by anyone.

11. How we communicate: consent to electronic transactions, communication, and disclosures

To the fullest extent permitted by law, these Terms and Conditions and any other agreements, notices, or other communications from Rose Market to you regarding our services being offered (“Communications”) may be provided to you electronically, and you consent and agree to receive Communications in an electronic form. Electronic Communications may be posted on the pages within the Rose Market Website and/or delivered to your email address.

Opting-out and withdrawal of consent: You may withdraw your consent to receive Communications electronically by contacting us in the manner described privacy policy. If you withdraw your consent, from that time forward, we may still send you relevant information about your purchase and any transaction detail carried out between you and Rose Market. You further acknowledge and agree that opting out and withdrawing consent may impact your use of the Rose Market service. Please see our privacy policy for more information.

12. Privacy

When accessing and/or using the Website and the Services we offer, we may obtain certain information about you, or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. If you use the Services and/or the Website, you are accepting our Privacy Policy, which may be amended from time to time. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue the use of the Website and the Services.

13. Disclaimers and Warranties

ROSE MARKET EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED  WARRANTIES: (A) THAT THE WEBSITE, WEBSITE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED OR  DISPLAYED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,  SECURE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED; (C) THAT DEFECTS IN THE OPERATION  OR FUNCTIONALITY OF THE WEBSITE, WEBSITE CONTENT, SERVICES, OR PRODUCTS WILL BE CORRECTED; AND  (D) REGARDING THE WEBSITE, USER CONTENT, WEBSITE CONTENT, SERVICES, PRODUCTS, ADVICE, INFORMATION OR  LINKS PROVIDED BY ANY THIRD PARTIES OR USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,  OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER ROSE MARKET NOR ANY PERSON ASSOCIATED WITH ROSE MARKET MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE SITE, USER CONTENT, SITE CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER ROSE MARKET NOR ANYONE ASSOCIATED WITH ROSE MARKET REPRESENTS OR WARRANTS THAT THE SITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

ROSE MARKET AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO WEBSITE INTERRUPTION, AND WHETHER IN TORT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, CONTRACT OR OTHERWISE) IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE IN ANY WAY (INCLUDING IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE). 

IN NO EVENT WILL ROSE MARKET’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE EXCEED THE LESSER OF THE TOTAL AMOUNTS YOU HAVE PAID TO ROSE MARKET DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY OR FIFTY DOLLARS ($50), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ROSE MARKET, AS APPLICABLE. THE EXCLUSION AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ROSE MARKET AND YOU.

YOU AGREE THAT IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, THE SERVICES WE OFFER, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE WEBSITE AND THE SERVICES THAT WE OFFER.

15. Indemnification

You agree that as a condition of use of the Website, you will indemnify, defend, and hold harmless Rose Market, its officers, directors, employees, agents, licensors and suppliers (collectively, the “Service Providers”) from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Website or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website using your account. 

16. Choice of law and jurisdiction

These Terms and your use of the service are governed by and construed in accordance with the laws of the State of California, U.S.A., applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

17. Dispute resolution; arbitration

• Informal negotiations

To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) (“Dispute”), you, as a user of the Rose Market, agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. We are available by email at in**@************et.com to address any concerns or questions that you may have regarding your use of the Rose Market Website.

• Agreement to Binding Arbitration

You and Rose Market agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, Products or Content (collectively, “Disputes”) will be settled by binding arbitration in the event where informal negotiation did not work, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to 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, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). 

All claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Rose Market Website will be finally settled by binding arbitration administered by AAA, in accordance with the AAA Consumer Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties will select a single neutral arbitrator in accordance with the AAA Consumer Arbitration Rules. 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. Either party may elect to appear at the arbitration by phone or, if mutually agreed, to conduct it online, in lieu of appearing live. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity.

• Arbitration Rules

The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

• Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award will be in writing and provide a statement of the essential findings and conclusions, will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms will be subject to the Federal Arbitration Act. 

• Class action and class arbitration waiver

You and Rose Market agree to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

• Changes

Notwithstanding the provisions as regards how we can make changes to these Terms, if Rose Market changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to in**@************et.com) within 30 days of the date such change became effective, as indicated in the email sent to you by Rose Market notifying you of such change. By rejecting any change, you agree that you will arbitrate any Dispute between you and Rose Market 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).

18. General provisions

• Typographical errors

Rose Market reserves the right to revoke any stated offer and correct any inaccuracies, errors or omissions (even after an order has been submitted and accepted by us). Where a product listed on the Website is mistakenly listed at an incorrect price, Rose Market reserves the right to refuse or cancel any orders placed for such product listed at the incorrect price, whether or not Rose Market has confirmed such order and your payment method already charged. In the event that your payment method has already been charged for the purchase and your order is canceled, Rose Market shall issue a refund to the same payment method that was charged.

1. 1. Waiver
      No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time, will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that well will pursue legal actions against all breaches of this Agreement.

• Force Majeure

Notwithstanding the other provisions of this Agreement, if Rose Market is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), acts of God, terrorism, earthquake, accident, explosion, fire, flood or pandemic, Rose Market will be relieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

• Entire Agreement

These Terms and other policies presented to you constitute the entire agreement between you and us concerning the Website and its use and supersede all prior agreements, proposals, communications between the parties, and understandings, whether oral or written.

19. Questions or complaints?

Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at in**@************et.com.