IMPORTANT! THESE TERMS OF SERVICE GOVERN YOUR USE OF THIS SITE, WHICH IS
PROVIDED BY Enlightened Organics. (referred to as “US,” “WE,” or “OUR” below). BY
ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND
ACCEPTANCE OF THESE TERMS OF SERVICE. THESE TERMS OF SERVICE ARE
SUBJECT TO CHANGE BY US AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS
SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE
TERMS OF SERVICE REGULARLY.
Charges to your credit card will appear as “Enlightened Organics”
We gladly accept Visa, Mastercard, American Express and Discover.
Returns or Exchanges
We do not accept returns on purchased products. We are happy to exchange any product that
may have been damaged during shipping or manufacture defect. Please contact us directly for
questions or concerns: email@example.com
Access To This Site
YOU MUST BE EIGHTEEN (18) YEARS OF AGE OR OLDER TO ACCESS THIS SITE. IF
YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS
THIS SITE FOR ANY REASON AND YOU MUST EXIT THIS SITE IMMEDIATELY. ASK
YOUR PARENT OR GUARDIAN TO ACCESS THIS SITE FOR YOU.
YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN
TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER
YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.
To access this site or some of the resources it has to offer, you may be asked to provide certain
registration details or other information. It is a condition of your use of this site that all the
information you provide on this site will be your correct, current, and complete information. If our
Company believes the information you provide is not correct, current, or complete or is an
impersonation of someone else, we have the right to refuse you access to this site or any of its
resources, to terminate or suspend your access at any time, and delete any comments you
have posted, all without prior notice.
IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING
ALL LIMITATIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR USE THIS SITE. Your
use of this site, purchase or use of any of our products constitutes your agreement to
these Terms of Service.
License to Use the Site
Subject to your compliance with these Terms of Service, we or our content providers (as
applicable) grant you a limited, non-exclusive, non-transferable, non-sublicensable license to
access and make personal and non-commercial use of the Content on this site. This license
does not allow you to resell or make any commercial use of the site, its Contents or our products
sold through the site; make any derivative use of any of our Content; download, copy, or other
use any account information for the benefit of any third party; or use any data mining, robots, or
similar data gathering and/or extraction tools. All rights not expressly granted to you in these
Terms of Service are reserved and retained by us or our licensors, suppliers, publishers,
rightsholders, or other content providers. No Content on, or product sold through, this site may
be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any
commercial purpose without our prior express written consent. You may not misuse our
products or Content. You may use our site only as permitted by law and these Terms of Service.
The licenses we have granted you terminate if you do not comply with these Terms of Service.
Restrictions On Use
You may use this site only for the purposes expressly permitted by this site. You may not use
this site for any other purpose, including any commercial purpose, without our express prior
written consent. For example, you may not (and may not authorize any other party to) (i)
co-brand this site, (ii) frame or use framing techniques to enclose any of our or our Content
owner’s trademarks, logos, or other proprietary information (including images, text, page layout,
or form), (iii) hyperlink to this site, or (iv) use any meta tags or any other “hidden text” using our
name or trademarks without the express prior written permission of one of our authorized
representatives. For purposes of these Terms of Service, “co-branding” means to display a
name, logo, trademark, or other means of attribution or identification of any party in such a
manner as is reasonably likely to give a user the impression that associates our product with
someone other than us or that such other party has the right to display, publish, or distribute this
site or content accessible within this site. You agree to cooperate with our Company in causing
any unauthorized co-branding, framing or hyperlinking to cease immediately.
No material from this site may be modified, translated, decompiled, disassembled, broadcast,
licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied,
reproduced, republished, uploaded, posted, transmitted, or distributed in any way.
You may not use multiple discount codes or rewards codes in conjunction with any other
discount codes, rewards codes or sales. We hold the right to decline any and all sales that
mistakenly use multiple discount codes or rewards codes at once without our permission.
The material and content (referred to as the “Content” below) accessible from this site, and any
other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary
information or the proprietary information of the party that provided the Content to us, and we or
the party that provided the Content to us retains all right, title, and interest in the Content.
Accordingly, the Content may not be copied, distributed, republished, uploaded, posted,
displayed or transmitted in any way without our prior written consent, or unless authorized in
writing elsewhere on our site, except that you may print out a copy of the Content solely for your
personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any
copyright, trademark, trade name, service mark, or any other proprietary notice or legend
appearing on any of the Content. Modification or use of the Content except as expressly
provided in these Terms of Service violates our intellectual property rights. You do not obtain
title or any rights, including but not limited to intellectual property rights, to any of the Content as
a result of accessing this site.
This site may be hyperlinked to other sites which are not maintained by, or related to, us.
Hyperlinks to such sites are provided as a service to our users and are not sponsored by or
affiliated with this site or with us. We have not reviewed such sites and are not responsible for
the content of those sites. Hyperlinks are to be accessed at your own risk, and we make no
representations or warranties about the content, completeness or accuracy of these hyperlinks
or the sites hyperlinked to this site. Further, the inclusion of any hyperlink to a third-party site
does not necessarily imply that we endorse that site.
Any statements on this site or any materials or products we distribute or sell have not been
evaluated by the Food and Drug Administration (“FDA”). Neither the products nor the
ingredients in any of the products available on the site have been approved or endorsed by the
FDA or any regulatory agency. The products on the site are not intended to diagnose, treat,
cure or prevent any disease. The information on this site or other materials we may provide to
you are designed for educational purposes only and are not intended to be a substitute for
informed medical advice or care. This information should not be used to diagnose or treat any
health problems or illnesses without consulting a doctor. If you are pregnant, nursing, taking
medication, or have a medical condition, we suggest consulting with a physician before using
any of our products.
You hereby grant to us and our affiliates a license-free, royalty-free, perpetual, irrevocable,
worldwide, non-exclusive, transferable, fully sub licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, perform, and display
all content, remarks, suggestions, ideas, graphics, or other information you communicate to us
through this site (together, the “Submission”) throughout the world in any media, and to
incorporate any Submission in other works in any form, media, or technology now known or
later developed. You represent and warrant that you own or control all of the rights to your
Submissions. We will not be required to treat any Submission as confidential, and may use any
Submission in our business (including, but not limited to, for products or advertising) without
incurring any liability for royalties or any other compensation of any kind, and we will not incur
any liability as a result of any similarities that may appear in our future operations. We will treat
as set forth on this site.
You understand that we cannot and do not guarantee or warrant that files available for
downloading from the Internet will be free of viruses, worms, Trojan horses or other code that
may manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to this site for the reconstruction of
any lost data. We do not assume any responsibility or risk for your use of the Internet. The
Content is not necessarily complete and up-to-date and should not be used to replace any
written reports, statements, or notices we have provided. Investors, borrowers, and other
persons should use the Content in the same manner as any other educational medium and
should not rely on the Content to the exclusion of their own judgment. Information obtained by
using this site is not exhaustive and does not cover all issues, topics, or facts that may be
relevant to your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND
WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, OR STATUTORY. WE
HEREBY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. We make no warranty, express or implied, that the site or any services,
products, or information obtained on or through the site will meet your requirements or will be
uninterrupted, timely, secure, or error free, that defects will be corrected, or that this site or the
server that makes it available are free of viruses or other harmful components. We do not
warrant or make any representation regarding use, or the result of use, of the Content in terms
of accuracy, reliability, or otherwise. The Content may include technical inaccuracies or
typographical errors, and we may make changes or improvements at any time. YOU, AND NOT
US, ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION IN THE
EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS
CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT
INFRINGE THE RIGHTS OF OTHERS AND WE DO NOT ASSUME ANY LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. All of the information in
this site, whether historical in nature or forward-looking, speaks only as of the date the
information is posted on this site, and we do not undertake any obligation to update such
information after it is posted or to remove such information from this site if it is not, or is no
longer, accurate or complete.
Limitation On Liability
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM
OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE LESSER
OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE APPLICABLE
CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You will indemnify and hold us and our subsidiaries, affiliates, licensors, content providers,
service providers, employees, agents, officers, directors, and contractors (collectively, the
“Indemnified Parties”) harmless from any breach of these Terms of Service by you, including
any use of Content other than as expressly authorized in these Terms of Service. You agree
that the Indemnified Parties will have no liability in connection with any such breach or
unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments,
awards, costs, expenses, attorney’s fees and expert witness fees of the Indemnified Parties in
connection therewith. You will also indemnify and hold the Indemnified Parties harmless from
and against any claims brought by third parties arising out of your use of the information
accessed from this site.
Trademarks and Copyrights
Trademarks, service marks, logos, graphics, images, HTML, codes, multimedia clips, Java
codes, button icons, banners and software appearing in this site are our property or the property
of the party that provided the trademarks, service marks, logos or copyrighted material to us.
We, and any party that provided any of the foregoing to us, retain all rights with respect to any of
our or their respective trademarks, service marks, logos and copyrighted material appearing in
this site. Our trademarks and trade dress may not be used in connection with any product or
service that is not ours, in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits us.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your copyrighted work has been used or displayed on our website in a way
that constitutes copyright infringement, please report the alleged infringements by completing
the following steps and by notifying our Designated Agent listed below. Pursuant to Title 17,
United States Code, Section 512(c)(2), all notifications of claimed copyright infringement should
be sent ONLY to our Designated Agent.
The Notification of Claimed Infringement must include the following:
(1) An electronic or physical signature of the owner or of the person
authorized to act on behalf of the owner of the copyright interest;
2. (2) Identification of the copyrighted work (or works) that you claim has
3. (3) A description and identification of the material that you claim is
infringing, and the location where the original or an authorized copy of the
copyrighted work exists (for example, the URL of the page of the website where
it is lawfully posted; the name, edition and pages of a book from which an
excerpt was copied, etc.);
4. (4) A clear description of where the infringing material is located on
our site, including as applicable its URL, so that we can locate the material;
5. (5) Your contact information, including your name, address, telephone
number, and e-mail address;
6. (6) A statement that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
7. (7) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner’s behalf.
Information You May Not Post, Publish, etc.
You may not post, send, submit, publish, or transmit in connection with this site any material
you do not have the right to post, including proprietary material of any
● advocates illegal activity or discusses an intent to commit an illegal act;
● is vulgar, obscene, pornographic, or indecent;
● does not pertain directly to this site;
● threatens or abuses others, libels, defames, invades privacy, stalks, is
obscene, pornographic, racist, abusive, harassing, threatening or offensive;
● seeks to exploit or harm any person by exposing them to inappropriate
content, asking for personally identifiable details or otherwise;
● infringes any intellectual property or other right of any entity or person,
including violating anyone’s copyrights or trademarks or their rights
● violates any law or may be considered to violate any law;
● impersonates or misrepresents your connection to any other entity
or person or otherwise manipulates headers or identifiers to disguise the origin
of the content; advertises any commercial endeavor (e.g., offering for sale
products or services) or otherwise engages in any commercial activity (e.g.,
conducting raffles or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be specifically authorized on
● solicits funds, advertisers or sponsors;
● includes programs which contain viruses, worms and/or Trojan
horses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or
● disrupts the normal flow of dialogue, causes a screen to scroll faster
than other users are able to type, or otherwise act in a way which affects the
ability of other people to engage in real time activities via this site;
● includes MP3 format files;
● amounts to a ‘pyramid’ or similar scheme;
● disobeys any policy or regulations established from time to time
regarding use of this site or any networks connected to this site; or
● contains hyperlinks to other sites that contain content that falls within
the descriptions set forth above.
Although under no obligation to do so, we reserve the right to monitor use of this site to
determine compliance with these Terms of Service, as well the right to remove or refuse any
information for any reason. Notwithstanding these rights, you remain solely responsible for the
content of your Submissions. You acknowledge and agree that neither we nor any third party
that provides Content to us will assume or have any liability for any action or inaction by us or
such third party with respect to any Submission.
Any passwords used for this site are for individual use only. You will be responsible for the
security of your password (if any) and you agree to accept responsibility for all activities that
occur under your account or password. We have the right to monitor your password and, at our
discretion, require you to change it. If you use a password that we consider insecure, we will
have the right to require the password to be changed and/or terminate your account. You are
prohibited from using any services or facilities provided in connection with this site to
compromise security or tamper with system resources and/or accounts. The use or distribution
of tools designed for compromising security (e.g., password guessing programs, cracking tools
or network probing tools) is strictly prohibited. If you become involved in any violation of system
security, we have the right to release your details to system administrators at other sites in order
to assist them in resolving security incidents. We reserve the right to investigate suspected
violations of these Terms of Service, and we reserve the right to fully cooperate with any law
enforcement authorities or court order requesting or directing us to disclose the identity of
anyone posting any Content that is believed to violate these Terms of Service. BY ACCEPTING
THESE TERMS OF SERVICE YOU WAIVE AND HOLD US AND OUR SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS, AND DIRECTORS HARMLESS FROM ANY CLAIMS RESULTING
FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS
AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US
OR OTHERS, INCLUDING LAW ENFORCEMENT AUTHORITIES.
U.S. Law Applies
This site is intended for users located in the United States. It is up to you to determine whether
accessing this site and purchasing our products are legal where you are. You access this site
and purchase our products at your own risk, and you are responsible for compliance with all
applicable laws, rules, regulations and treaties.
How To Contact Us
If you have questions or concerns about these Terms of Service, the practices of this site, or if
you are interested in reprinting any of the Content of this site, please contact us at:
Enlightened Organics, LLC
This website is operated by Enlightened Organics, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Enlightened Organics offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent
that you are at least the age of majority in your state or province of
residence, or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your minor
dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You expressly acknowledge and assume full responsibility for cooperating with the laws of your jurisdiction.
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for
any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available
on this site is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon or used as
the sole basis for making decisions without consulting primary, more accurate,
more complete or more timely sources of information. Any reliance on the
material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available
exclusively online through the website. These products or services may have
limited quantities and are subject to return or exchange only according to our
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools
over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via
our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific
submissions (for example contest entries) or without a request from us you send
creative ideas, suggestions, proposals, plans, or other materials, whether
online, by email, by postal mail, or otherwise (collectively, ‘comments’), you
agree that we may, at any time, without restriction, edit, copy, publish,
distribute, translate and otherwise use in any medium any comments that you
forward to us. We are and shall be under no obligation (1) to maintain any
comments in confidence; (2) to pay compensation for any comments; or (3) to
respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or
in the Service that contains typographical errors, inaccuracies or omissions
that may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right to
correct any errors, inaccuracies or omissions, and to change or update
information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your
use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Cura Wellness LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cura Wellness LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties
incurred prior to the termination date shall survive the termination of this
agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or
provision of these Terms of Service shall not constitute a waiver of such right
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Oregon.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review
the most current version of the Terms of Service at any time at this
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.