ENDLESSLY ORGANIC (“EO”), TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES PROVIDES YOU USE OF THIS WEB SITE (the “Site”) SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the “Site Terms”). BY ACCESSING, BROWSING, VIEWING OR USING CONTENT ON THE SITE, OR CONDUCTING TRANSATIONS THROUGH THIS SITE, YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW EACH TIME YOU USE THIS SITE, OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE SITE TERMS, YOU MAY NOT USE THE SITE.
The Site Terms apply exclusively to your use of this Site and do not alter in any way the terms or conditions of any other agreement you may have with Endlessly Organic for products, services, or otherwise.
Ownership of Content
All content appearing on this Site is the property of Endlessly Organic and is protected by United States and international copyright, trademark and other laws. As a user, you are authorized only to view, copy, print, and distribute content on this Web site so long as (1) the content is used for non-commercial informational purposes only, and (2) any copy of the content (or portion thereof) includes the Endlessly Organic copyright notice.
Endlessly Organic, and their respective designs and/or logos are either trademarks or registered trademarks of Endlessly Organic and may not be copied, imitated or used, in whole or in part, without the prior written permission of Endlessly Organic. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Endlessly Organic, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Endlessly Organic. All other non Endlessly Organic trademarks, registered trademarks, product names and company names or logos are the property of their respective owners.
Third Party Links
Endlessly Organic makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this Site, or web sites linking to this Site.
Responsibility for Your Conduct
You remain solely liable for the content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Endlessly Organic and its members, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Site Terms by such user.
THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ENDLESSLY ORGANIC LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. ENDLESSLY ORGANIC DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, NON-OFFENSIVE, OR ERROR-FREE. ENDLESSLY ORGANIC IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. ENDLESSLY ORGANIC DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF ENDLESSLY ORGANIC OR IT’S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, MATERIALS, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Endlessly Organic.
Limitation of Liability
IN NO EVENT SHALL ENDLESSLY ORGANIC BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE CONTENT OR MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ENDLESSLY ORGANIC (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED THE TOTAL OF $5 OR THE COMPENSATION YOU PAID ENDLESSLY ORGANIC, WHICHEVER IS LESS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
Applicable Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida applicable to agreements made and entirely to be performed within Florida, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Miami, Florida, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, Endlessly Organic reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site. Upon termination, these Site Terms shall still apply.
Consent to Email and Text Communication
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email, text, or by posting a notice on this Site. You agree that we may treat specific actions by you, such as checking boxes to receive email/text updates, sending us an email/text directly or through the Site, or leaving a telephone message with an email address or phone number for customer service to respond to a query about your account, as a request that we may communicate with you by unencrypted email/text. You acknowledge and agree that unencrypted email/text sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email/text you are authorizing us to transmit and disclose information from time to time in an unencrypted manner. You further acknowledge that emails and texts sent with this information are not stored in a secure manner.
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then such provision shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
No modification of the Site Terms shall be effective unless Endlessly Organic authorizes it in writing. These Site Terms and the Site content, including product and pricing information, may be revised by Endlessly Organic at any time and from time to time without notice.
If you have any questions, please c