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Terms & Conditions

Last updated 09.29.2026

THE RISHI TEA ROOM REWARDS PROGRAM TERMS 

The Rishi Tea Room Rewards Program Terms (the “Terms”) govern participation in the Rishi Tea Room Rewards program (the “Program”) offered by Diaspora Tea & Herb Company, LLC d/b/a Rishi Tea & Botanicals, a Wisconsin limited liability company, together with its affiliates (collectively, “Rishi”, “we”, “us” or “our”).  By enrolling in or participating in the Program, you fully and unconditionally agree to abide by and be bound by these Terms. 

The Program is an online membership program.  “Tea Room” is the name of the Program only.  It does not refer to, and the Program does not include access to or membership in, any physical tea room, cafe, tasting room, retail store or other in-person venue, and Rishi does not operate any such location.  Enrollment in the Program, and the availability and redemption of all Program benefits, occur online at www.rishi-tea.com.  Rishi may occasionally offer optional virtual or in-person experiences, subject to availability and any additional terms presented with the experience.  No such experience is guaranteed to constitute a permanent or continuing Program benefit. 

Please read these Terms carefully.  By accessing or participating in the Program, you agree to be bound by these Terms and all terms incorporated herein by reference.  THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. BY ACCEPTING THESE TERMS, YOU AGREE THAT MOST DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND THAT YOU WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTIONS. THESE TERMS ALSO REQUIRE THAT, BEFORE COMMENCING LITIGATION, MOST DISPUTES BE SUBMITTED VIA A WRITTEN NOTICE, FOLLOWED BY GOOD-FAITH NEGOTIATION AND MEDIATION.  If you do not agree to these Terms, do not access or participate in the Program. 

The Program, these Terms, and all Program benefits, features, requirements and conditions, as well as all related policies, FAQs, promotions, benefits, or guidelines pertaining to the Program are subject to change at any time in our sole discretion.  Any changes or modifications will be effective immediately and may be posted to https://www.rishi-tea.com/pages/loyalty-terms, so please check back from time to time.  Rishi reserves the right, in its sole discretion, to modify, suspend or terminate the Program, in whole or in part, at any time and for any reason, with or without prior notice, except as otherwise required by applicable law.  Any changes or modifications will be effective immediately and may be posted to our website, so please check it from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in the Program following any such changes or modifications confirms your acceptance. 

Eligibility and Enrollment.  The Program is intended for personal, household use only and is not available to businesses, resellers, wholesalers, distributors or other commercial purchasers.  The Program is not targeted towards, nor intended for use by, anyone under the age of eighteen (18). 

You must be at least eighteen (18) years of age and a resident of the fifty (50) United States or the District of Columbia to enroll in or participate in the Program.  The Program is offered solely in connection with purchases made directly on www.rishi-tea.com.  Purchases made through Amazon or any other third-party marketplace or retailer, and wholesale, food service and other trade purchases, are not eligible for the Program and do not count toward Qualifying Spend. 

To enroll, you must complete the enrollment process through the methods designated by Rishi and provide accurate, current and complete information.  You may enroll by following the enrollment instructions made available on www.rishi-tea.com or through other enrollment channels designated by Rishi from time to time.  Your Program membership will be associated with the email address associated with your Rishi account.  The authorized account holder of the email address associated with the Program account will be deemed the Program member.  For purposes of these Terms, an “authorized account holder” means the natural person assigned the applicable email address by an Internet access provider, online service provider, employer, or other organization responsible for assigning email addresses for the domain associated with the submitted email address. 

Only one Program membership is permitted per individual and per email address.  Memberships and Program benefits are personal to the member and may not be transferred, sold, assigned, combined with another account, or used for any commercial purpose. 

We may require verification of identity, eligibility, account ownership, or other information before granting or continuing enrollment or providing a benefit.  You are responsible for maintaining the confidentiality of your account credentials and for account activity occurring through your account. 

Your true and correct contact information is required.  Enrollment for any ineligible individual or any commercial entity will be declared invalid and disqualified for the Program.  Rishi, in its sole discretion, may remove your enrollment and disqualify you from the Program if Rishi believes your enrollment fails to conform. 

Program Tiers and Tier Status.  The Program currently includes three tiers: Tea Explorer, Tea Enthusiast and Tea Connoisseur.  Your tier is determined by your Qualifying Spend during the twelve (12) months immediately preceding the date of measurement, calculated on a rolling basis.  “Qualifying Spend” means the net amount you actually pay for eligible products purchased directly on www.rishi-tea.com during that twelve- (12-) month period.  Eligible purchases you made before you enrolled in the Program count toward your Qualifying Spend and your initial tier placement, provided they fall within that twelve- (12-) month period.  When you meet the requirements for a higher (or lower) tier, your account will automatically be upgraded (or downgraded) to the applicable tier, subject to verification from Rishi.  Qualifying Spend is recalculated continuously and does not reset when a member reaches a new tier or moves between tiers. 

Qualifying Spend excludes: (a) shipping and handling charges and taxes; (b) the redemption of gift cards, e-gift cards and other stored-value products (however, the purchase of a gift card counts toward Qualifying Spend; amounts you or someone else later pay using that gift card do not); (c) bulk orders (orders placed through Rishi’s bulk order channel or otherwise placed in bulk quantities as determined by Rishi in its sole discretion), and wholesale, food service and other trade orders; (d) purchases made through Amazon or any other third-party marketplace or retailer; and (e) any amount that is refunded, credited or otherwise reversed. 

Subscription Orders.  Eligible products purchased through a Rishi auto-ship subscription accrue Qualifying Spend at one and one-half times (1.5x) the amount you actually pay for those products.  For example, an eligible subscription purchase of $100 will contribute $150 toward tier qualification, but the member will still pay the ordinary purchase price and will not receive a $50 credit or discount.  The 1.5x rate applies to the product amount only, exclusive of shipping and taxes, and applies only to subscription orders that are successfully processed and are not subsequently cancelled, returned or refunded.  The 1.5x rate applies only to subscription orders processed on or after the date you enroll in the Program.  Subscription orders processed before you enroll accrue Qualifying Spend at the amount you actually paid, in the same way as any other eligible purchase.  Your subscription itself is governed by the separate subscription terms presented to you at the time you enroll in a subscription. 

Enrollment Required.  You must be enrolled in the Program to receive or redeem any Program benefit.  Eligible purchases made on www.rishi-tea.com before you enroll count toward your Qualifying Spend and your initial tier placement, and continue to count toward your Qualifying Spend for the remainder of the twelve- (12-) month period following each such purchase.  Purchase history does not create membership or any right, claim or entitlement to a Program benefit before enrollment, and no benefit will be issued or made available for any period before your enrollment date. 

Gift Orders.  Gift orders placed and paid for on www.rishi-tea.com, including corporate gift orders and orders sent to multiple recipients, accrue Qualifying Spend to the member who places and pays for the order.  Qualifying Spend for a gift order does not accrue to the recipient, and receiving a gift does not enroll the recipient in the Program.  For the avoidance of doubt, no business or other entity may enroll in the Program or accrue Qualifying Spend.  Where a gift order is placed for business or promotional purposes by a natural person through that person’s own Program account, Qualifying Spend accrues to that natural person only, and accrues regardless of the payment method or funding source used for the order.  Bulk orders do not accrue Qualifying Spend.  Where a gift order is cancelled, returned or refunded, the corresponding Qualifying Spend is deducted from the member who placed the order. 

The first tier is Tea Explorer, which is the entry tier and is free to join.  Upon enrolling in the Program, you will be designated as a Tea Explorer. 

You will be placed in the Tea Enthusiast tier when your Qualifying Spend during the trailing twelve (12) month period reaches at least $200, and in the Tea Connoisseur tier when your Qualifying Spend during the trailing twelve (12) month period reaches at least $500. 

Because Qualifying Spend is measured on a trailing twelve-month basis, an eligible purchase ceases to count toward your Qualifying Spend twelve (12) months after it is made.  If your trailing twelve- (12-) month Qualifying Spend falls below the threshold for your current tier, your tier will be adjusted to the tier corresponding to your then-current Qualifying Spend.  Tier upgrades take effect as soon as reasonably practicable after you meet the applicable threshold, and tier adjustments take effect as of the date your trailing twelve- (12-) month Qualifying Spend falls below the applicable threshold, in each case subject to verification by Rishi.  Rishi may, but is not obligated to, provide advance notice of a potential tier adjustment. 

Tier thresholds, measurement methods, upgrade timing, downgrade timing and benefits may be changed by us as permitted by these Terms.  Your account dashboard is the best available source for your current tier and available benefits, which is available here https://www.rishi-tea.com/account, but displayed information may be delayed or corrected if determined inaccurate by Rishi in its sole discretion. 

When your tier status changes, your eligibility for Program benefits may also change.  Benefits are available only in accordance with the terms and conditions applicable to your then-current tier, unless Rishi expressly provides otherwise.  Rishi may determine, in its sole discretion, whether unused, unredeemed or previously issued Program benefits remain available following a tier change, expire, or are otherwise modified, subject to any benefit-specific terms or applicable law.  Rishi may establish additional rules regarding the issuance, expiration, redemption or forfeiture of Program benefits from time to time. 

Program Benefits.  The benefits available under the Program vary by tier and are determined by Rishi in its sole discretion.  The benefits currently available at each tier are described at https://www.rishi-tea.com/pages/rishi-tea-room-rewards, which may be updated from time to time in accordance with these Terms.  Rishi may establish, modify, suspend, replace or discontinue any Program benefit, tier benefit, eligibility requirement, redemption requirement, limitation or condition at any time, with or without notice, to the extent permitted by applicable law.  The availability, nature, value and duration of any Program benefit are subject to change and may vary based on tier, inventory, geographic location, participation channel, or other factors determined by Rishi in its sole discretion.  Rishi may fulfill a benefit within a reasonable period after eligibility is confirmed, including in installments or separate shipments.  If fulfillment is materially delayed or a benefit is unavailable, Rishi may provide notice and may substitute a benefit of comparable or greater value, subject to applicable law. 

Benefit Availability and Phased Introduction.  Program benefits may be introduced, and may become available for fulfillment, after the date the Program launches or after the date you enroll.  Rishi determines in its sole discretion when and how eligibility for a benefit is determined and confirmed, and may determine eligibility for members individually or as a group and at different times for different members.  Where a benefit becomes available after an event giving rise to eligibility has already occurred, Rishi may, but is not required to, issue the benefit in respect of that earlier event.  Program benefits are offered while supplies last and are subject to inventory availability.  Where a benefit is unavailable, Rishi may defer fulfillment, substitute a benefit of comparable or greater value, or discontinue the benefit in accordance with these Terms.  Unless expressly stated otherwise, a member is eligible for no more than one of each benefit in any twelve- (12-) month period. 

Program benefits are offered subject to availability and any additional terms, conditions, limitations, eligibility requirements or redemption instructions established by Rishi from time to time.  Unless expressly stated otherwise, Program benefits have no cash value, are non-transferable, and may not be exchanged or redeemed for cash, credit or any benefit. 

Referrals.  Rishi may from time to time offer a referral benefit that allows an eligible Program member to share a referral link or code.  Referral benefits are subject to these Terms, any additional terms presented with the referral offer, and the following conditions: 

  1. A referral qualifies only if the referred individual is a new Rishi customer who has not previously purchased from www.rishi-tea.com, does not share a Program account or household with the referring member, and completes an eligible purchase using the referring member’s referral link or code. 

  1. You may not refer yourself, create or use duplicate accounts, fictitious identities or additional email addresses to generate referrals, or otherwise attempt to circumvent referral eligibility requirements or limits. 

  1. You may share a referral link or code only for personal, noncommercial purposes.  You may not sell or transfer a referral link or code, distribute or promote it on coupons, deal, cash-back, or discount websites, use it in paid advertising, send unsolicited or unlawful communications, impersonate Rishi, or make any false, misleading, or unauthorized statement concerning Rishi, the Program, or the referral offer. 

  1. When sharing a referral link or code publicly or through social media, you must clearly disclose that you may receive a benefit if a recipient uses the link or code. 

  1. A referral benefit will be issued only after the referred individual’s eligible purchase has been successfully completed, paid for, verified by Rishi, and remained uncancelled and unrefunded through any applicable cancellation or return period.  Rishi may delay issuance while it verifies eligibility and may revoke or adjust a referral benefit if the referred purchase is cancelled, returned, refunded, charged back, determined to be fraudulent, or otherwise becomes ineligible. 

  1. Rishi may limit the number or value of referral benefits that a member may earn during any period and may establish expiration dates, redemption requirements, product exclusions, or other conditions for referral benefits.  Referral benefits are personal to the member, nontransferable, have no cash value, and may not be sold, exchanged, or combined except as Rishi expressly permits. 

  1. Rishi may withhold, cancel or revoke referral benefits and may suspend or terminate participation in the referral program if Rishi determines, in its reasonable discretion, that a referral violates these Terms or applicable law, involves fraud or abuse, or is inconsistent with the purpose of the referral program. 

You are responsible for any taxes associated with referral benefits to the extent required by applicable law.  Rishi may modify, suspend or discontinue a referral offer at any time, subject to applicable law.  

Privacy.  Rishi collects, uses, discloses, stores and otherwise processes personal information in connection with the Program as described in its Privacy Policy (available at https://privacy.rishi-tea.com/), website Terms & Conditions (available at https://www.rishi-tea.com/pages/terms-conditions), and in accordance with applicable law.  By enrolling in the Program, you acknowledge that you have read and agree to be bound by Rishi’s Privacy Policy and Terms & Conditions, as applicable, including understanding and agreeing that Rishi may process your personal information as necessary to establish and administer your Program membership, provide Program benefits and communications, verify your eligibility, maintain your account, prevent fraud, and otherwise operate the Program.  You are responsible for keeping your account information current and accurate so that Rishi can administer your membership and deliver Program benefits and communications.  Enrollment in the Program is not by itself consent to receive marketing email or text messages that do not relate to the Program, and likewise un-enrolling from the Program will not immediately stop marketing messages unrelated to the Program that you separately signed up for. You can manage your preferences relating to non-Program-related marketing communications by clicking “Manage Preferences” at the bottom of every email.  Please note that, even if you opt out of non-Program-related marketing communications, you will continue to receive communications relating to your Program membership, such as tier status, benefit and account notices, for as long as you remain enrolled. If you want to stop receiving those communications relating to your Program membership, you must un-enroll.  By accepting these Terms and continuing to participate in the Program, you acknowledge that these communications are necessary for our operation of the Program, including to fulfill agreements we may have with participants, and you consent to Rishi’s ongoing sending of these Program communications (which may be sent using an “autodialer” or other automated means) for so long as you are enrolled in the Program.  Nothing in these Terms limits your right to opt out of text messages at any time by replying STOP to any text message, or by any other method required by applicable law, and Rishi will honor any such request regardless of your enrollment status.  Where required by applicable law, Rishi processes your personal information in connection with this Program based on the consent you provide to do so when you sign up for the Program, as well as to perform its contractual obligations under these Terms, to comply with legal obligations, to detect security incidents and protect against malicious, deceptive, fraudulent, or illegal activity, and as otherwise based on its legitimate business interests.  If you choose not to provide information required to administer the Program, you may not be able to enroll in or participate in the Program. 

Fraud and Misuse.  Rishi reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Program should any virus, bug, non-authorized human intervention, fraud, or other cause beyond Rishi’s control corrupt or affect the administration, security, or proper conduct of the Program.  Prohibited conduct includes but is not limited to creating duplicate or fictitious accounts; transferring or selling benefits; manipulating purchases, returns, referrals, reviews, or subscription activity; harassing personnel; or using the Program for commercial resale or unlawful purposes.  Rishi may suspend or terminate membership, cancel benefits, adjust tier status, reject transactions, or take other appropriate action in its sole discretion. Where practicable and legally required, Rishi may provide notice and an opportunity to contact us about the decision. 

Cancellation by You.  You may cancel your Program membership at any time by using your account settings on www.rishi-tea.com or by contacting Customer Service at hello@rishi-tea.com. Cancellation does not necessarily close your underlying Rishi account unless you separately request account closure.  Upon cancellation, you will lose access to your tier status and unused benefits. Cancellation does not entitle you to cash, credit, replacement value, or compensation for unused or unavailable benefits. If you later re-enroll, prior tier status or activity may not be restored, except as required by law or as we choose to permit. 

Program Suspension or Termination by Rishi.  We may suspend or terminate your membership for violation of these Terms, misuse, fraud, unlawful conduct, inactivity, or other legitimate business or security reasons. We may also suspend or terminate all or part of the Program if continuing it becomes impracticable, unlawful, commercially unreasonable, or subject to circumstances beyond our reasonable control.  If we terminate the entire Program, we will provide notice as required by applicable law and may provide a reasonable period to use then-available benefits, subject to availability and any stated restrictions. No cash payment or replacement value will be provided except as required by law. 

Order Adjustments and Reversals.  If an order, or any part of an order, is cancelled, refunded, credited, charged back or otherwise reversed, Rishi will deduct from your Qualifying Spend the amount attributable to the cancelled, refunded, credited, charged back or reversed items, including any additional Qualifying Spend credited at the 1.5x subscription rate for those items.  A deduction may reduce your trailing twelve-month Qualifying Spend and may result in a corresponding change to your tier.  If a Program benefit was issued or redeemed on the basis of Qualifying Spend that is later reversed, Rishi may revoke that benefit or deduct its value from your account. If you receive a replacement product from Rishi due to damage or defect of the product you receive or due to a lost or delayed shipment, you will not receive an additional credit for the replacement product; only your initial purchase accrues credit. Refunds, returns and exchanges are otherwise governed by Rishi's then-current return and exchange policy. 

Changes to the Program or These Terms.  We may change these Program Terms, tier thresholds, measurement periods, participating channels, Qualifying Spend rules, multipliers, benefits, exclusions, expiration rules, or other Program features from time to time. Changes may apply prospectively and, where permitted by law, to existing members and accumulated Program activity.  For material changes, we will provide notice by posting updated Terms, updating the effective date, sending an account communication, or using another reasonable method.  Your continued participation after the effective date of a change constitutes acceptance, except where applicable law requires a different form of consent.  If you do not agree to a change, you may cancel your membership. 

Release and Limitations of Liability.  By participating in the Program, you agree to indemnify and hold harmless Rishi and its affiliates and its vendors, suppliers, consultants, subcontractors, distributors, legal counsel and advertising, marketing, public relations and promotions/fulfillment agencies, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Program, including, but not limited to: (i) unauthorized human intervention in the Program; (ii) printing errors; (iii) errors in the administration of the Program; or (iv) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your participation in the Program.  The Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, enrollment.  The Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any email or enrollment to be received by Rishi on account of technical problems, human error or traffic congestion on the Internet or at Rishi’s website, or any combination thereof, including any injury or damage to your or any other person’s computer relating to or resulting from participation in the Program or downloading any materials in the Program.  You further agree that in any cause of action, in no event will the Released Parties be liable for attorneys’ fees. 

Except as expressly provided elsewhere in these Terms, IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THE PROGRAM OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY BENEFITS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES’ LIABILITY UNDER OR IN CONNECTION WITH THE PROGRAM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE RETAIL VALUE OF THE PROGRAM BENEFIT THAT GAVE RISE TO THE CLAIM OR (B) $100. 

By participating, you release and agree to hold harmless the Released Parties from any and all liability for any injuries, death, losses or damages to persons or property as well as claims/actions based on publicity rights, defamation, and/or invasion of privacy that may arise from participating in the Program or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of any benefits. Released Parties are not liable in the event that any portion of the Program is cancelled due to weather, fire, strike, acts of war or terrorism, pandemic, or any other condition beyond their control. 

Dispute Resolution; Arbitration Agreement; Class Action Waiver; Jury Trial Waiver. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR THE LIMITED EXCEPTIONS DESCRIBED BELOW, IT REQUIRES YOU AND RISHI TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT INCLUDES WAIVERS OF THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. 

Scope of “Dispute”. This provision is intended to be interpreted broadly. “Dispute” means any dispute, claim, controversy, or cause of action between you and Rishi or any of Rishi’s past, present, or future parents, subsidiaries, affiliates, officers, directors, employees, agents, representatives, successors, or assigns arising out of or relating in any way to these Terms, the Program, any Program account, benefit, communication, transaction, offer, promotion, or your relationship with Rishi, whether based in contract, tort, statute, regulation, fraud, misrepresentation, or any other legal or equitable theory.  Dispute includes claims that arose before you accepted these Terms, claims that are the subject of purported class or representative litigation in which no class has been certified, and claims that arise after your Program participation or these Terms end.  Dispute does not include claims concerning the infringement or misuse of patents, copyrights, trademarks, trade secrets, or other intellectual property rights.  Nothing in these Terms prevents either party from bringing an individual action in small claims court if the claim qualifies, remains in that court, and proceeds only on an individual basis, or prevents you from reporting a matter to or seeking relief from a governmental agency to the extent permitted by law. 

Mandatory Notice and Informal Resolution.  Before either party may initiate arbitration or other formal proceedings concerning a Dispute, the initiating party must send the other party a written, personally signed notice of the Dispute (“Dispute Notice”).  A Dispute Notice must include: (a) the initiating party’s full name and contact information, including mailing address, telephone number, and email address; (b) information sufficient to identify the Program account and any transaction, communication, benefit, or event at issue; (c) a detailed description of the nature and factual and legal basis of the Dispute; and (d) a detailed description and calculation of the relief sought.  If you are represented by counsel, both you and your counsel must personally sign the Dispute Notice.  You must send a Dispute Notice to Rishi at hello@rishi-tea.com and by U.S. mail or nationally recognized overnight delivery service to 185 South 33rd Court, Milwaukee, WI 53208, Attn: Legal – Loyalty Program Disputes.  Rishi may send a Dispute Notice to you using the most recent contact information associated with your Program account. 

For sixty (60) days after receiving a complete Dispute Notice, you and Rishi will attempt in good faith to resolve the Dispute informally.  Either party may request an individual telephone or videoconference settlement conference during that period.  If requested, you and a Rishi representative with settlement authority must personally participate, and counsel may also participate.  The conference will address only your individual Dispute and will be scheduled at a mutually reasonable time.  A Dispute Notice for one person may not be combined with a Dispute Notice for another person. 

Mandatory Mediation.  If the Dispute is not resolved through the informal process described above, the parties must next participate in one confidential, non-binding individual mediation before either party may commence arbitration.  The mediation will be administered by JAMS under its then-current consumer mediation procedures, unless the parties agree in writing to another mediator or mediation service.  The mediation may occur by telephone or videoconference unless the parties agree otherwise.  You and a Rishi representative with settlement authority must personally participate, and counsel may also participate.  Rishi will pay the mediator’s fees and administrative mediation fees, and each party will bear its own attorneys’ fees and other costs of participating in the mediation, except as otherwise required by applicable law.  The mediation will be deemed completed when the mediator declares an impasse, the parties settle the Dispute, or 30 days have elapsed after the mediator is appointed, whichever occurs first, unless the parties agree in writing to extend that period. 

Condition Precedent; Tolling; Enforcement.  Completion of the Mandatory Notice and Informal Resolution and Mandatory Mediation procedures above is a condition precedent to initiating arbitration, except to the extent applicable law prohibits enforcement of that condition for a particular claim.  All applicable periods of limitations and filing-fee deadlines will be tolled from Rishi’s receipt of a complete Dispute Notice until completion of the required pre-arbitration procedures.  At either party’s election, a court of competent jurisdiction (not the arbitrator) will decide any dispute concerning whether a Dispute Notice is sufficient or whether a party complied with these pre-arbitration requirements, and any arbitration will be stayed until that issue is decided.  The court may enforce these requirements, including by enjoining the filing or prosecution of an arbitration or the assessment or collection of arbitration fees until the requirements are satisfied. 

Binding Individual Arbitration.  If the Dispute remains unresolved after completion of the procedures above, the Dispute will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (“AAA”) under the AAA Consumer Arbitration Rules then in effect, as modified by these Terms.  The AAA rules and information about arbitration are available at www.adr.org.  If AAA is unavailable or unwilling to administer an arbitration consistent with this provision, the parties will agree on another nationally recognized arbitration provider.  If they cannot agree, a court of competent jurisdiction will appoint the provider.  These Terms and this arbitration agreement evidence a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1–16, will govern the interpretation and enforcement of this arbitration agreement, notwithstanding any state law to the contrary.  This arbitration agreement survives termination of your participation in the Program and termination or expiration of these Terms. 

Arbitration Demand and Procedures.  A demand for arbitration must be personally signed by the party initiating arbitration and, if represented by counsel, must include a certification that the pre-arbitration procedures above have been completed, and must include the information required for a Dispute Notice.  By signing and submitting a demand, the party and counsel certify that the demand is not being presented for an improper purpose; the claims, defenses, and legal contentions are warranted by existing law or by a nonfrivolous argument for changing existing law; and the factual contentions have or are likely to have evidentiary support after reasonable investigation.  To the fullest extent permitted by applicable law and the AAA Rules, the arbitrator may impose appropriate sanctions for violations of these certifications. 

You may elect to have an arbitration conducted by written submissions, telephone, videoconference, or an in-person hearing, subject to the AAA Rules and the arbitrator’s authority to determine an appropriate hearing format.  Any in-person hearing will take place in the county where you reside, unless the parties agree to another location. You and a Rishi representative must personally appear at any hearing, with counsel if represented.  The arbitrator must follow these Terms as a court would and will issue a reasoned written decision sufficient to explain the essential findings and conclusions.  Judgment on an arbitration award may be entered in any court of competent jurisdiction.  An award will bind only the parties to that arbitration and will have no preclusive effect in any proceeding involving a person who was not a named party to that arbitration. 

Individual Relief Only; Class and Representative Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RISHI AGREE THAT EACH MAY BRING A DISPUTE AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.  Unless you and Rishi both agree otherwise in writing, the arbitrator may not consolidate the claims of more than one person and may not preside over any form of class, collective, consolidated, private attorney general, or representative proceeding.  The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.  Notwithstanding the foregoing, the parties may participate in a class-wide or representative settlement. 

If, after exhaustion of all appeals, a court determines that any prohibition in the preceding paragraph on non-individualized relief or class, collective, consolidated, private attorney general, or representative proceedings is unenforceable as to a particular claim or request for relief, that claim or request for relief will be decided by a court of competent jurisdiction after all arbitrable claims and requests for relief have first been resolved in arbitration.  The remaining portions of this arbitration agreement will remain enforceable. 

Additional Procedures for Coordinated or Mass Filings.  If twenty-five (25) or more similar Disputes are asserted against Rishi by the same or coordinated counsel or are otherwise coordinated (“Coordinated Filings”), the following procedures will apply.  Counsel for the parties will first meet and confer in good faith regarding efficient administration and possible resolution.  No more than ten (10) individual arbitrations will then proceed initially, with claimants’ counsel and Rishi each selecting five (5) cases (or, if fewer than ten (10) Disputes remain, all remaining cases).  The other Disputes will not be filed or deemed filed in arbitration, and no arbitration fees may be assessed or collected for those Disputes while they are held in abeyance.  After the initial cases conclude, the parties will participate in a confidential global mediation with a retired federal or state judge or another mutually agreed mediator, with Rishi paying the mediator’s fee.  Applicable limitations periods will be tolled for all Disputes held in abeyance from the date the claimant first delivered a complete Dispute Notice until that Dispute is selected to proceed, settled, withdrawn, or otherwise resolved. 

If Disputes remain after that mediation, up to twenty (20) additional individual arbitrations will proceed in a second stage, with each side selecting up to ten (10) cases.  The remaining Disputes will again be held in abeyance without arbitration fees being assessed or collected.  After the second stage concludes, the parties will participate in a second global mediation.  If Disputes still remain after the second mediation, each remaining Dispute will be released from arbitration and may proceed only on an individual basis in a court of competent jurisdiction consistent with the class, representative-action, jury-trial, governing-law, and venue provisions of these Terms, unless the parties agree in writing to another process.  A court of competent jurisdiction will have authority to enforce these Coordinated Filing procedures.  If a final, nonappealable decision holds these Coordinated Filing procedures unenforceable as to a particular Dispute to which they apply, that Dispute will not proceed in arbitration and instead may proceed only on an individual basis in court consistent with the remainder of these Terms. 

Arbitration Fees and Attorneys’ Fees.  Payment of arbitration filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and applicable law.  Each party will bear its own attorneys’ fees and costs unless an applicable statute or other law provides otherwise.  Nothing in these Terms authorizes an award of attorneys’ fees or costs that would not otherwise be available under applicable law, and Rishi will not seek attorneys’ fees from a consumer claimant unless the arbitrator determines that the claim was frivolous, brought for an improper purpose, or otherwise permits such an award under applicable law. 

Jury Trial Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND RISHI EACH WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY DISPUTE THAT PROCEEDS IN COURT RATHER THAN IN ARBITRATION. 

Governing Law; Court Venue.  Except to the extent governed by the Federal Arbitration Act or other controlling federal law, these Terms and any Dispute will be governed by the laws of the State of Wisconsin, without regard to conflict-of-laws principles.  If the arbitration agreement is found unenforceable or a Dispute is otherwise permitted to proceed in court, you and Rishi irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Milwaukee County, Wisconsin, except that an eligible individual small-claims action may be brought in any court of competent jurisdiction.  You and Rishi waive any objection based on personal jurisdiction, improper venue, or forum non conveniens to the extent permitted by law. 

Future Changes to Arbitration Agreement.  If Rishi makes a material future change to this arbitration agreement, you may reject that change by sending Rishi a personally signed written notice at 185 South 33rd Court, Milwaukee, WI 53208, Attn: Legal – Arbitration Change Rejection, within 30 days after the change becomes effective.  Rejecting a future change does not opt you out of arbitration.  Instead, any Dispute between you and Rishi will be governed by the version of the arbitration agreement in effect immediately before the rejected change. 

Severability and Survival of Dispute Provisions.  Except as specifically provided in the Individual Relief Only and Additional Procedures for Coordinated or Mass Filings provisions above, if any part of this Dispute Resolution section is found unlawful or unenforceable, that part will be severed and the remaining provisions will remain in full force and effect.  The requirements and waivers in this Dispute Resolution section will survive termination of the Program, termination of your participation in the Program, and termination or expiration of these Terms. 

Severability.  The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision. If any provision of these Terms is determined to be invalid or otherwise unenforceable, the other provisions will remain in effect and will be construed as if the invalid or unenforceable provision were not contained herein. 

Miscellaneous.  These Terms contain the full and complete understanding with respect to the Program and supersede all prior and contemporaneous agreements, representations, and understandings, whether oral or written.  In the event of an inconsistency between these Terms and any disclosure or other statement contained in any Program-related materials, these Terms will prevail and govern.  The headings herein are for convenience only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.  No waiver of any provision of these Terms by Rishi shall be effective unless in writing and signed by an authorized representative of Rishi.  The waiver by Rishi of any provision of these Terms shall not constitute a waiver of any other provision herein.  The rights and obligations hereunder may not be assigned by you, whether by operation of law or otherwise, without the prior written consent of Rishi, and any attempted assignment in violation of the foregoing shall be null and void.  These Terms shall be binding upon, and inure to the benefit of, the permitted successors and assigns of yourself and Rishi.  

Questions.  If you have questions about the Program, please contact Rishi Customer Service at hello@rishi-tea.com or 185 South 33rd Court, Milwaukee, WI 53208. 

 

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