TERMS AND CONDITIONS
Hello, WELCOME to WildBlossomOrganics.com (The “Site”). These Terms and Conditions (“Terms”) and any documents referred to herein, set out the rules, regulations, terms and conditions on which you are permitted to use our Site, WildBlossomOrganics.com. By using our Site you agree to be bound by, and to comply with, these Terms. If you do not agree to these Terms please do not continue to use this Site.
“Client”, “You” and “Your” refers to you, the person using this Site and agrees to and is compliant with these Terms.
“The Company”, “Ourselves”, “We”, “Our” and “Us”, “Release Parties” refers to our Company (Organic Health Solutions, LLC DBA Wild Blossom Organics and WildBlossomOrganics.com).
If you do not accept and agree to these Terms, then do NOT use the Site and exit the Site immediately. If you have any questions about the Terms, please contact at Info@WildBlossomOrganics.com.
SITE PURPOSE AND USE
The purpose of the Site is to provide information about and related to wellness, our products and to allow purchases of our products through the Site. Use this Site at your own risk. We make no promises and disclaim all liability of specific results from the use of the Site.
You agree to use the Site for its intended purposes only. You must use the Site in compliance with all privacy, data protection, intellectual property, and other applicable laws.
The following uses of the Site are prohibited. You may NOT:
- Attempt to interfere with, harm, reverse engineer, steal from, or gain unauthorized access to the Site, user accounts, or the technology and equipment supporting the Site;
- Download files from this Site; or flood this Site with electronic traffic designed to slow or stop its operation;
- Link or frame to the Site without permission;
- Post advertising or marketing links or content, except as specifically allowed by these Terms;
- Use any computer code, data mining software, scraper, bot, spider, robot, or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the web pages, data or content found on this Site or accessed through it;
- Post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
- Disclose personal information about another person or harass, abuse, or post objectionable material;
- Use the Site in an illegal way or to commit an illegal act in relation to the Site or that otherwise result in fines, penalties, and other liability;
- Access the Site from a jurisdiction where it is unauthorized or illegal.
Age restrictions on use of our Site
By using this Site, you represent that you are at least 18 years of age.
Our Site is provided for users in the United States. Although it may be possible to access the Site from other countries, we make no representation that our Site is compliant with any legal requirements in force in any jurisdiction other than the United States, or that the content available on the Site will be appropriate for users in other countries or states.
License and Access
You have a limited license to use the Site for personal use only. This license does not allow you to:
Resell or make any commercial use of this Site
Modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read (this includes using or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser);
Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of content or marks in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; or
Use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.
All content on this Site is subject to change at any time without notice. We may change, suspend, or discontinue any aspect of the Site at any time, including hours of operation or availability of the Site or any feature, without notice or liability.
All material on this Site is provided for lawful purposes only. The material on this Site shall not be used for illegal purposes or for the transmission of material that is harassing, unlawful, libelous, defamatory, invasive of another’s privacy, or harmful, threatening, abusive, obscene, vulgar or otherwise objectionable or that may or does infringe the intellectual property or other rights of another or that violates any federal, state, or local laws.
We attempt to ensure that information on this Site is complete, accurate and current, however the information on this Site may occasionally be incomplete, inaccurate or out of date. We make no representation as to how reliable, complete, accurate, or current any contents of this Site or from a third-party service provider or the quality or nature of third-party products or services obtained through this Site. By using the Site you accept the risk that you might be exposed to content that you find to be objectionable or otherwise inappropriate.
If there is any content posted on our Site by third parties we do not represent or guarantee the truthfulness, accuracy, or reliability of such content. You accept that any reliance on material posted by third-party service providers will be at your own risk.
We try to display our products as accurately as possible including colors and product labels. The colors you see will depend on your monitor. We can’t guarantee that your monitor’s display of any color will be accurate. From time to time actual product labels and packaging may differ slightly from the images on the Site.
Health / Wellness Related Content
The information/content contained in the Site is provided for informational purposes only and is not meant to substitute for any recommendation or advise from your doctor or other health care professionals. You should not use any of the information on this Site for diagnosing or treating of any mental or health related problem or disease. Information and statements regarding any product including dietary supplements have not been evaluated by the Food and Drug Administration (FDA) unless specifically so stated. Products and statements on this Site have not been evaluated by the FDA, they are not intended to diagnose, treat, cure or prevent any disease.
Unless otherwise stated OHS is the owner of all copyright, trademark, database and other proprietary rights in the Site and its contents. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Site in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in Our copyright notice or as permitted by the United States Copyright Act. We grant no rights to you under any patents, copyrights, trademarks, trade secrets or any other proprietary rights.
Sharable digital content
Any content with digital sharable tags may be shared for informational purposes only. It may not be copied, used or distributed for any other purpose. The Site design, all of its content, information, articles, copy/text, graphics and other material displayed or that can be shared or downloaded are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms. Unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy/publicity and other laws and regulations.
The Site and its original content, features, and functionality are owned by Us (OHS) and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text, reviews, and other materials (collectively, the “Content”) is the property of Us (OHA) or its licensors, partners or affiliates and is protected by United States and international copyright laws. Unauthorized use of any Content or materials on this Site is strictly prohibited and may violate copyright and trademark laws. If you wish to use any Content, you need the express written permission from Us. To inquire about obtaining authorization to use the materials or content on this Site, please contact us at Info@WildBlossomOrganics.com.
All trademarks, service marks, and trade names (collectively the “Marks”) that appear on this Site are proprietary to Us, or the other respective owners of such Marks. You may NOT:
Display or reproduce the Marks in any manner without the prior written consent of Us.
Remove or otherwise modify in any manner any trademark notices from any content offered or received through the Site.
Distribute products or offer services under or by reference to or otherwise use or reproduce any such Marks.
Use any Meta tags or any other “hidden text” utilizing any such Marks, without the express prior written permission from Us or the owner of such Marks.
SITE CHANGES AND AVAILABILITY
We make no representations and provide no warranties that:
The Site will be made available at any specific time or from any specific geographical location;
Your access to the Site will be continuous or uninterrupted;
The Site will be accessible or optimized on all browsers, computers, tablets, phones or viewing platforms.
Modification of the Site
We reserve the right, for any reason, at our sole discretion, with or without notice to terminate, modify, suspend or discontinue the Site as a whole or any of its content or any aspects of the Site, including, but not limited to, content, features or hours of availability. We may also impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty and for no reason. We may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason at all. We shall not be liable to you or any third-party for any modification or discontinuance of such features or content on the Site or the Site as a whole.
COMMUNICATIONS AND REVIEWS
When you visit the Site or send communicate including reviews, user comments, feedback and other submissions with Us, you are communicating with Us electronically and consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications provided to you electronically meets all and satisfies all and any legal requirement that such communication be in writing.
User Comments, Feedback and Other Submissions
We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material from you either through the Site, any of its services, by e-mail, or in any other way. Unless otherwise expressly agreed in writing prior to your submission to Us, any comments, feedback, information or other material submitted or sent to Us will be deemed not to be confidential, secret or proprietary. By submitting or sending comments, feedback, information or other material to us you represent and warrant that the information and material is original to you and that no other party has any rights to the information or material.
All comments, feedback, information or other material submitted shall be and remain property of Us and We shall have the unrestricted, worldwide right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material and information (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in posted information and materials have been waived.
We appreciate hearing from the public and welcome your comments regarding the Site. If you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”), we will (i) own, exclusively, all now known or later discovered rights to the Creative Ideas; (ii) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (iii) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person or business entity.
ACCOUNTS AND REGISTRATION
To facilitate purchases on the Site, you may choose to create a free account by providing your name, display name, e-mail address and password. Please note that you may choose to use the Site and make purchases without creating an account.
If you do create an account, your account is personal to you, and you may not share your account information with, or allow access to your account by any third party or entity.
By creating and using your account on the Site, you represent and warrant that:
The information you provide on the Site at all times will be true, accurate, current, and complete.
You are at least 18 years of age
You are using your actual identity
You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
You agree to maintain the strict confidentiality of your account and any passwords issued to you for your use of or access to the Site or any portion thereof. You agree not to allow any other third party or entity to use any username(s) or password(s) that are issued to you.
You will not create, an account for anyone other than yourself.
You will not solicit, collect or use the login credentials of other individuals.
You shall be responsible for all activity that occurs under your account
You agree to notify Us immediately of any breach in security of your account and login information. If you have any reason to believe that your account has been compromised or that a third party has accessed your account, you agree to immediately notify us by e-mail at Info@WildBlossomOrganics.com. You will be solely responsible for the losses incurred by others and to Us due to any unauthorized use of your account.
Any unauthorized use of your account will be your responsibility. You agree to use reasonable efforts to prevent unauthorized access to or use of the Site and to preserve the confidentiality of your email address, username and password on any device that you use to access the Site.
If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at Info@WildBlossomOrganics.com.
If you wish to cancel a username or password please email us immediately at Info@WildBlossomOrganics.com.
We reserve the right to:
Delete or change any username or password at any time and for any reason.
Terminate, cancel, or suspend your account and/or your license to use this Site for any reason without notice, including but not limited to any violation of any of these Terms, any suspicion of unauthorized access to your account, or any unauthorized disclosure of your login information and obligates you to immediately destroy any copies of the site content in your possession.
PRODUCTS AND ORDERS
Prices and availability
The price for all items available for purchase through the Site will be displayed to you on the Site. Please see “Shipping” below for more information. Prices, products availability and the availability of services listed on the site are subject to change without notice.
The listing, description of, or reference to, a product or service on the Site does not imply that the product or service is presently available or that we endorse that product or service.
In the event a product is listed at an incorrect price due to a typographical error, or any other reason, we shall have the right to refuse or cancel any order placed for such product at the incorrect price, even if the order has been confirmed and/or your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the incorrect price.
We cannot guarantee that a product listed as “In stock” will actually ship right away, as inventory can change significantly from day to day. In rare cases, a product may be in stock when you place your order, and sold out by the time your order is processed. However, if an item that is marked “In stock” in your shopping cart when you place your order is sold out at the time your order is processed, we will notify you by e-mail that your order will not be filled and if your credit card was charged it will be refunded for the item(s) not in stock.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, modify or decline your order for any reason or for no reason at all.
The Site currently uses third parties to process payments. Our third-party payment processors accept payments through various credit cards, including Visa, MasterCard, American Express and Discover, as detailed on the applicable payment screen.
You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit issuer or its agents, you agree to pay all amounts due to us including any additional credit card fees. You shall also be responsible for any costs of collection of overdue payment.
We are based in Oregon where there is no sales tax. At this time we are not required to charge sale tax.
United States Dollars
All monetary transactions on the Site take place in U.S. dollars.
We expressly disclaim all warranties, express or implied, including the warranty of merchantability and fitness for a particular purpose, to the maximum extent permitted by law.
30-day Guarantee / Returns
We guarantee your satisfaction with all WBO merchandise. You may return any of our products, with your receipt, for a merchandise exchange, credit, or a full refund of the purchase price (minus shipping and handling charges). If you receive a damaged or defective item, we will promptly send you a replacement or issue you a full refund after you have returned the damaged or defective product. You will not be charged any additional shipping or handling fees for replacement of such damaged or defective shipments.
If you want to return or exchange your item, please contact us at Sales@WildBlossomOrganics.com. Each customer is limited to one return or exchange per customer. Returns must be submitted within 30 days of your package being received by you, and must be sent to us within 10 days after contact.
When you place an order for an item through the Site, the item will be shipped to the address you designate as the “Shipping Address” during the checkout process.
From time to time, We may offer qualified consumers ‘discount, promotional/promo and/or offer codes’ through a variety of promotional activities and communications (collectively referred to herein as “Offer Codes”) that are redeemable towards a purchase on the Site, subject to certain exclusions or any other restrictions as may be determined and communicated by Us.
Only valid Offer Codes provided or promoted by WBO will be honored at checkout. Codes supplied or promoted by third parties unauthorized by Us (including any unauthorized third party websites) will not be considered valid. Each offer code provided by Us is non-transferable and valid for single use on an item(s) of merchandise or as determined by us. Offer codes may not be combined and customers are limited to the use of a single offer code per order. The code must be entered in the ‘coupon code’ field prior to checkout. We are not responsible for lost, stolen or corrupted Offer Codes or any unauthorized use of Offer Codes. Offer Codes cannot be redeemed for cash or any cash equivalent; no substitutions or credits allowed. The dollar value of any Offer Code will not be refunded or credited back if any or all of the merchandise is returned. Expiry dates may apply to each Offer Code. Offer Codes are void if copied, transferred, sold, exchanged or expired, and where prohibited. Requests not complying with all offer code requirements will not be honored.
From time to time, we may also engage spokespeople, influencers, bloggers, or other individuals or entities that may or may not have been compensated or incentivized to speak on behalf of this Site, it’s products and brand. When you receive an offer code via a third-party source, such as a television or radio show host, please note that we may have compensated such individuals for their statements.
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send us a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. Notices must comply with the DMCA and be sent to Info@WildBlossomOrganics.com.
Third party sites
The Site may include links to third party websites and applications. We do not endorse or take responsibility for the content of those websites, are not responsible for the availability of them, and will not be liable in any way for any loss or damage which you may suffer by using those websites. If you decide to access linked websites you do so at your own risk. You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.
Products and/or services purchased through third-party sites are subject to the specific site’s Terms and Conditions.
Running or displaying this Site or any information or material from this Site in frames or through similar means without our written permission is strictly prohibited. Any permitted links to this Site must comply with all applicable laws, rules, and regulations.
If you would like us to remove a link to your Site from our Site, please contact us at Info@WildBlossomOrganics.com. Unless you have a legal right to demand removal, such removal will be at our discretion.
Links to this Site
Linking to this Site or maintaining any links to this Site without our prior written consent is strictly prohibited. If you receive written consent to link to this Site you must unconditionally agree to and abide by the following terms in addition to all Terms on this site.
Links to our Site should be done in an appropriate manner and not be misleading, defamatory or disparaging to the Site or any of our products, content or affiliates.
Links should not misrepresent our business or Site or cause harm whatsoever to our Site and business.
Links should not suggest any joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.
Applicable link text should always be used in links pointing to this Site.
Removal of links: We reserve the right to withdraw our permission to link to our Site at any time for any reason. If permission is withdrawn all links must be immediately removed within 1 business day. For those who received written permission to link to this Site agree that if should we request the deletion of a link to our Site you will delete the link promptly within 1 business day.
DISCLAIMER AND WARRANTIES
Released Parties Defined
“Released Parties” include Organic Health Solutions, LLC., DBA Wild Blossom Organics and its affiliates, officers, employees, agents, business partners, and licensors and any of our or their respective officers, directors, shareholders, employees, agents or representatives, or any other party involved in creating, producing, transmitting or distributing the Site or any product sold through the site or any part thereof.
You expressly understand and agree that this site, and any content available on the site, is provided on an “as-is”, “as available” and “with all faults” basis.
To the fullest extent permitted by law, “Released Parties” expressly disclaims all warranties, express or implied, including but not limited to:
All warranties of merchantability, fitness for a particular purpose, with respect to products and services listed or purchased on or through the site, title, non-infringement (including but not limited to of intellectual property), custom, trade, quiet enjoyment, system integration, freedom from computer virus, the service, the Site content, user content, or security associated with the transmission of information to the Site.
The Site will meet your requirements, be uninterrupted, error-free, timely or secure; or
The Site is free of viruses or other harmful components; or
That the Site or the server that makes the Site available is free from any harmful components, including, without limitation, viruses.
The accuracy, completeness, usefulness or reliability of the information provided on this Site, quality, performance or suitability of the Site or any content available on the Site; or
The quality of any goods or service available on the site will meet your expectations; or
Any errors in the site or defects, if any, will be corrected; and
That your use of the website is lawful in any particular jurisdiction, and we specifically disclaim such warranties
You expressly agree that use of the Site, any material downloaded or otherwise obtained through the use of the Site is accessed at your own discretion and sole risk and you assume full responsibility for all costs associated with all necessary servicing, cost and/or repairs of any equipment (computer system, tablet or mobile devise etc..) you use in connection with your use of the Site. In the event of any problem with the Site or any content, you agree that your sole remedy is to cease using the Site. By accessing or using this Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use this Site.
All products and services listed or purchased on or through the Site are subject only to any applicable express warranties. We disclaim any and all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misapplication. Notwithstanding anything to the contrary, the information or materials provided on or through this Site may be out of date, and neither “Released Parties” makes any commitment or assumes any duty to update such information or materials.
You expressly understand and agree that under no circumstances and to the fullest extent permitted by law, the Released Parties are not liable to you for any direct, indirect, incidental, special, punitive, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, a breach of contract, negligence, strict liability or otherwise, even if the “Released Parties” has been advised of the possibility of such damages), resulting from or arising from or in connection with:
The use of and reliance on the site, any information/content, product or services obtained on or through the site, or
The inability to use the site; or
The cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the site;
Unauthorized access to or alteration of your transmissions or data;
Statements or conduct of any user or third party on the site;
Your reliance on content made available by us; or
Messages received or entered into through or from the site;
Downloading any material contained on or accessed through the site;
Linking to any third party website from the site;
- Any other matter relating to the site.
You agree to the fullest extent permitted by law, to indemnify, defend and hold harmless the Released Parties from, and against, any actions, claims, loss, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to, arising out of, alleging or resulting from the above mentioned matters (#1 – 10) and the following:
- Your use of or reliance on any third-party content, or
- Your use of or reliance on the Site and any Content, or
- Your breach or violation of these Terms
- Your violation of any rights of another party.
- Your indemnity survives the termination of these Terms.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.
To the fullest extent possible by law, the Released Parties maximum liability arising out of or in connection with the site or your use of the content, regardless of the cause of action (whether in tort, contract, breach of warranty, or otherwise), will not exceed $10.
From time to time, we may allow you to post reviews, comments, photos, or similar materials on the Site (collectively know as “Reviews”). You must not submit any Reviews about you if you are under the age of 18, or about any other person who is either: under the age of 18; or if they are over 18 years of age, where you have not received their prior written consent to reveal, post or submit information about them.
You must not submit to us any Reviews that are considered ‘sensitive personal information’ defined as information about you or any other person which reveals your or their racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or which is genetic data, biometric data, information which concerns your or their health, sex life or sexual orientation.
You may not post any Reviews that you do not have sole and exclusive ownership of. You must have all rights, licenses, consents, and releases that are necessary to grant to Us the rights in your Review as contemplated under these Terms. You must ensure the Review you submit does not infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights. You must ensure that the Reviews you submit don’t require us to obtain any licenses from or make any payments in any amounts to any third party throughout the world.
You agree not to submit or post any objectionable or harmful Reviews that violate any rights or privacy of any third-parties in addition to and including but not limited to reviews that are or could be interpreted to be infringing, defamatory, libelous, inaccurate, slander, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, hatred or is in violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise).
You agree not to introduce viruses, time bombs, worms, Trojan Horses and/or other harmful or malicious code or other damaging elements to the Site.
You recognize that you have no legitimate expectation of privacy in any information (including personal) that you voluntarily disclose on publicity accessible portions of this Site, and, to the fullest extent permitted by law, waive any constitutional, statutory, or common law right to privacy which you might otherwise claim in such information.
Review Ownership Rights
To the fullest extent permitted by law, We are entitled to use any information you submit for any purpose anywhere, anytime and for any reason whatsoever without restriction or compensation. By posting a Review on the Site or submitting one to us in any way, you hereby grant us an unrestricted, assignable, sub-licensable, perpetual, royalty-free, fully paid up license throughout the world to reproduce, distribute, publicly display, transmit, communicate to the public, publicly perform on a through-to-the-audience basis, create derivative works from, and otherwise use and exploit (collectively known as “Use”) your Review, for any purpose whatsoever, including promotion of the Site.
You further grant us a royalty-free license to Use the name, image, and likeness of any person identifiable in any Review you provide. By posting or submitting a Review, you waive any and all rights of publicity, privacy or any other rights of a similar nature. Any Reviews including but not limited to video, software, data, text, photographs, music, sound, remarks, comments, suggestions, ideas, graphics or other submissions, transmissions and/or postings that are communicated to Us through this Site will be considered non-confidential / non-proprietary and will become, to the fullest extent permitted by law, exclusive property of Us.
We have no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any Reviews and remove, delete, redact or otherwise modify such Reviews, in our sole discretion, at any time and from time to time, without notice or further obligation to you.
If We determine that you have violated or are likely to violate these Terms, We may take any action we deem necessary to prevent or remedy all violations, including but not limited to, the immediate removal of all related materials from this Site. In addition We will use any and all legal remedies and prosecute to the fullest extent of the law. We will cooperate fully with any law enforcement authorities, court order, or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
These Terms and the relationship between you and us are governed by the laws of the State of Oregon without regard to its conflict of law provisions.
If we do have a dispute we agree to try for 90 days to resolve it informally. If we can’t you agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Site under the rules of the American Arbitration Association and not to sue in a court in front of a judge or jury. Any arbitration, to the extent necessary, will be conducted in the City of Redmond, Oregon. You agree to submit to the exclusive jurisdiction of arbiters and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible.
You also acknowledge and understand that, with respect to any dispute arising out of or relating to your use of the Site you agree to arbitration, you are giving up your right to have a trial by jury, you are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants (via a class action or mass tort), in any lawsuit involving any such dispute; and you must file any claim within six (6) months after such claim arose or it is forever barred.
You agree that class action lawsuit, class-wide arbitrations, private attorney general actions or any other proceeding where someone acts as a representative, nor combining individual proceedings without the consent of all parties is not allowed.
Notwithstanding any of these Terms, We reserve the right, with or without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site for any reason or for no reason. Upon termination, these Terms will still apply.
We reserve the right, for any reason, at our sole discretion, to amend these Terms without notice to you from time to time. If We decide to change these Terms we will post those changes here (on this page). Please visit this section of our Site regularly in order to remain informed of any changes. Any such amendment shall be effective the date the revised terms have been posted on the Site.
Our failure to partially or fully exercise any rights or our waiver of any breach of these Terms by user shall not prevent our subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
If any of the provisions in these Terms is be deemed or becomes invalid, void, or for any reason unenforceable, that term will be severed and will not affect the validity and enforceability of any remaining provisions in these Terms.
These Terms constitute the entire agreement between you and us with respect to this Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to this Site, except as specifically set forth in these Terms. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other contracts. Any rights not expressly granted herein are reserved.
No agency, partnership, joint venture or employment is created as a result of the Terms. You do not have any authority to bind the Released Parties in any respect whatsoever. The failure of the Released Parties to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.
ENFORCEMENT AND APPLICABLE LAW
These Terms or Use are governed by and interpreted in accordance with the laws of the United States and the State of Oregon. To the fullest extent permitted by law, our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision by us.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should endeavor, to the fullest extent permitted by law, to give effect to the parties’ intentions as reflected in the provision, and the other provisions of our Terms remain in full force and effect.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact us at:
Wild Blossom Organics