Terms of Service
Effective Date: June 17, 2020
Acceptance of the Terms
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR SERVICES. BY USING THE WEBSITE OR SERVICES OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT ACCESS, USE OR ORDER PRODUCTS THROUGH THE WEBSITE OR SERVICES.
This Website and Services offered and available to users who are 18 years of age or older. By using this Website or the Services, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or Services.
You may be presented with the option to create an account to participate in certain services offered through the Website (“User Account”). The information provided for the User Account must be correct, current, complete and accurate. If such information changes rendering it no longer accurate, then it is your responsibility to make the necessary updates to the User Account. We shall have no responsibility or liability for inaccurate or outdated information contained in the User Account. You authorize us to contact you using the information contained in your User Account.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures for the User Account (“Credentials”), then you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User Account and Credentials are personal to you and you agree not to provide any other person with access to your User Account. You agree to notify us immediately of any unauthorized access to or use of your Credentials. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Order Acceptance and Cancellation.
You agree that your order is an offer to buy, under these Terms and any additional terms identified in your order at check-out. All orders are subject to our acceptance, and we may choose not to accept or fill any orders in our sole discretion. After placement of an order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email, and the successful completion of the payment for your order. You have the option to cancel your order at any time before we ship the product(s) to you by following the directions on the confirmation email.
Purchases through the Website
You may purchase products through the Website. Upon check-out you will be required to provide your email address, name, shipping address, and billing address (“Customer Information”). In addition to Customer Information you will be required to enter information regarding the payment method that you select to pay for your purchase which may include credit card, debit card or Pay Pal information (“Payment Information”).
You represent and warrant that (i) the Payment Information you supply to us is true, correct, and complete, (ii) you are duly authorized to use the payment method identified in the Payment Information for the purchase, (iii) charges incurred by you will be honored by your credit card company, bank or other institution identified in the Payment Information, and (iv) you will pay charges incurred by you at the posted prices, including all applicable shipping and taxes.
At checkout you may elect to subscribe and save program for a particular product (“Subscription Program”). The Subscription Program is provided through our Third-Party provider, and permits you to select product(s) for automatic refill and payment, and receive a discount price on such product. By participating in the Subscription Program you agree to recurring charges based on the Payment Information you provide to us. We will provide you notifications before each recurring charge via email which will also provide you instructions and links on how to change certain features of your Subscription Program, or discontinue to discontinue your participation in the Subscription Program.
We use a third-party payment processor to process your payment, and all payment transactions are secure and encrypted. We do not maintain or store any credit card numbers. You should use particular caution when making a purchase through a public or shared computer, or through a publicly available unsecured Wi-Fi so that others are not able to view or record your Customer or Payment Information.
Prices and Payment Terms.
All prices posted on the Website are subject to change without notice. The price charged for the product(s) will be the price in effect at the time the order is placed, and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized at check-out, and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. You are solely responsible for the payment of all applicable taxes and duties.
Payment for the product(s) must be received by us before our acceptance of an order. We accept all payments identified at check-out.
We will arrange for shipment of the product(s) to the shipping address you provide at check-out. Title and risk of loss pass to you upon delivery of the product(s) to the shipping address identified in your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Disclaimer of Warranty.
Product Disclaimer: UNLESS STATED OTHERWISE AT CHECK-OUT, OUR PRODUCTS ARE SOLD “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ALL OF WHICH ARE SPECIFICALLY DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE PRODUCT(S) WILL MEET YOUR SPECIFIC REQUIREMENTS. OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR A PROBLEM THAT YOU MAY EXPERIENCE WITH THE PRODUCT(S) SHALL BE TO CONTACT US AT SHOP@ERAORGANICS.COM WHERE WE, IN OUR DISCRETION, WILL DECIDE TO REPLACE OR NOT REPLACE THE PRODUCT(S).
Website Disclaimer: You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND THE SERVICES ARE AT YOUR OWN RISK. THE WEBSITE, USER CONTRIBUTIONS, SERVICES AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO SUCH DISCLAIMERS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, LICENSORS, SERVICE PROVIDERS, OR OUR AFFILIATES, HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, LOSS OF PROFITS, LOSS OF REVENUES, AND PUNITIVE DAMAGES, ARISING FROM OR RELATED TO OUR PRODUCTS, SERVICES, CONTENT, WEBSITE, OR ANY USE OF THE FOREGOING.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PERSONAL INJURY, OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR MAXIMUM LIABILITY FOR ANY CLAIMS ARISING FROM YOUR PURCHASE, USE, OR INABILITY TO USE OUR PRODUCTS, SERVICES, CONTENT, OR WEBSITE SHALL NOT EXCEED THE GREATER OF $100 OR THE TOTAL PURCHASE PRICE OF THE PRODUCT WHICH GIVES RISE TO YOUR CLAIM.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Products Not for Resale or Export.
You represent and warrant that the product(s) purchased by you are not for resale.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, pandemic, earthquake, explosion, governmental actions, pandemic, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Intellectual Property Rights
The Website, Services, and their entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) and products (including trademarks, trade dress, and packaging) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website and Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
No right, title, or interest in or to the Website, Services or any content of the same is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
The Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
You may use the Website and Services only for lawful purposes and in accordance with these Terms . You agree not to use the Website and Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms .
- To transmit, or procure the sending of, any advertising or promotional material including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website and Services, or which, as determined by us, may harm the Company or users of the Website and Services, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or Services, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms , without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Co-brand (meaning 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 such other party has the right to display, publish, or distribute this Website or Content), frame, or hyper-link to the Website).
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and our successors, and assigns.
- All of your User Contributions do and will comply with these Terms .
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
If you provide any communications to us suggesting or recommending changes to the Company Content, including without limitation any comments, questions, suggestions, or the like ("Feedback"), we are free to use such Feedback irrespective of any other obligation or limitation between the us governing such Feedback. You hereby irrevocably assign to us, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever. We are not required to use any Feedback.
If you do provide or post any reviews for the Website or our products (“Reviews”) then you warrant and represent that the Reviews are true and correct, do not violate any third-party intellectual or privacy rights, you own all rights, including intellectual property rights, in and to the Reviews, and the Reviews comply with our Content Standards. You shall indemnify and hold use harmless from your violation of the foregoing.
You grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such Reviews throughout the world in any media.
We have the right but not the obligation to monitor or remove any Reviews if the Reviews violate these Terms. We take no responsibility and assumes no liability for any Review posted by you or any third party.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms , including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation ,any violation of these Terms .
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please contact us at email@example.com.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include information discussing the products or their ingredients. This information is not, nor intended to be, medical advice or the practice of medicine, and is not a substitute or replacement for professional medical advice, diagnosis or treatment. Such information is provided to educate and create awareness regarding the topics discussed therein.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Third Party Links
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website or Services, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms , or your use of any information obtained from the Website.
Governing Law and Jurisdiction.
All matters arising out of or relating to these Terms or your purchase and use of the product(s) are governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Florida. The sole and exclusive jurisdiction and venue for all claims shall be in the Florida state courts located in Pinellas County, Florida, or in the United States District Court, Middle District of Florida, Tampa Division to which you hereby irrevocably consent. WE EACH HEREBY IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
These Terms and any additional terms presented to you at check-out constitute the sole and entire agreement between you and us governing your use of the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and Services.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. We will provide notification on the Website that that these Terms have been revised or updated, and include a link to the revised and updated Terms in such posting. You continued use and access of the Website, including your purchase of any products after we post the notification means that you accept and agree to the changes in these Terms. If you do not accept or agree to the revised or updated Term, then do not access or use the Website, or purchase products through the Website.
Changes to the Website
We reserve the right to withdraw or amend this Website, and any service, product or material we provide on the Website, in our sole discretion without notice to you. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict your access to the Website or any part thereof.
Your Comments and Concerns
All other feedback, comments, requests for technical support, and other communications relating to the Website or Services should be directed to firstname.lastname@example.org.