Privacy and Terms - Organic Bug

Welcome and thank you for taking the time to familiarize yourself with the basic terms and conditions that govern your use of this website, organicbug.com (“Website”). This Website is owned and operated by Organic Bug, Inc. (“Organic Bug”, “we”, or “us”). This Website is hosted by Full Partner, a web content management company.

Organic Bug and its affiliates have created and maintain this Website for the benefit of its users, providing information, education and communication. Through the use of this Website or any future version of this Website, you agree to be legally bound by all its terms and conditions of use contained in this Terms of Use Agreement (“Agreement”). We recommend you read and understand these terms prior to use of this Website. By using this Website you represent you are at least 18 years of age, that any information you provide is accurate and true, and that you have the authority to place an order.

Modification of this Agreement from time to time shall be posted on these pages. We recommend you familiarize yourself with these terms prior to each use of this Website. Your future use of the Website following modification constitutes your agreement to any and all modifications in respect to this Agreement in its entirety.

Privacy & Security
Our Privacy & Security Policy shall also govern your visit to this Website. We recommend you review our privacy & security practices prior to using our Website. The terms and conditions of our Privacy & Security Policy are a part of this Agreement and shall remain incorporated and binding.

Copyright
The organicbug.com Website, including text, images, photographs, graphics, sound, user interface, and any other content provided on the Website, and the selection, coordination, and arrangement of such content, are wholly owned by Organic Bug or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, (and unless otherwise invited in certain areas of the Website) you have no legal rights in regard to modifying, copying, reproducing, distributing, displaying, performing, or transmitting any of the contents of the Website for any purposes. Nothing stated or implied on the Website grants you any license or right of use.

All customer reviews, opinions, ideas, suggestions, and other feedback voluntarily submitted by you to our Website may be used by Organic Bug without restriction and free of charge; and nothing contained in this Agreement shall limit or otherwise affect its use. In instances where we specifically request customer reviews, opinions, ideas, suggestions, and other feedback, you are required to agree to a specific Terms of Use Agreement prior to your submission of such information.

This Website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this Website, or use the contents of this Website in litigation, or for any commercial or promotional purpose without the express written consent of Organic Bug or its lawful successors and assigns. For usage permission, please contact us at info@organicbug.com.

Notice of Copyright Infringement
Organic Bug understands and respects the intellectual property of others. If you have reason to believe that your work has been copied and is available on this Website in a way that constitutes copyright infringement, please contact Organic Bug's Copyright Agent providing the following information:

Clear identification of the copyrighted material on which you are claiming infringement
Identification on this Website of the allegedly infringed material in question
Your contact information: name, address, telephone number(s), email address
A good faith statement conveying you believe that the use of the allegedly infringed material is not authorized by the copyright owner, its agent, or the law
A statement that the information you have presented is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner, if you are not the owner, of an exclusive copyright that is allegedly infringed
An electronic or physical signature of the copyright owner or person authorized on the owner's behalf to assert infringement of copyright and to submit the statement

Please mail notice of claims of copyright infringement on this Website to:

Trademarks
All trademarks, service marks, proprietary logos and trade names used and displayed on this Website are registered and unregistered Trademarks and the sole property of or are licensed to Organic Bug, unless otherwise noted. The use and posting of trademarks, service marks, proprietary logos and trade names on the Website in no way implies or otherwise provides you with a license of use without the express written consent of Organic Bug. You may not use logos from this Website to link to any other site without the prior express written consent of Organic Bug.

License & Site Access
Organic Bug permits each user over 18 years of age a limited license to access and personally use this Website. Other than page caching, restrictions apply to any modification or download by you, except with the express written consent of Organic Bug. You are also permitted a limited, revocable right to create a hyperlink to this Website as long as the link does not portray Organic Bug, its products, its affiliates or partners in an offensive manner. You may not make any part of this Website, other than the home page, available as part of another service through any means whatsoever without the express written consent of Organic Bug.

This limited license does not include any resale or commercial use of this Website or its contents; collection and use of product listings, descriptions or prices; downloading or copying of account information for the benefit of another merchant; or use of data gathering and extraction tools. You may not employ framing techniques to enclose any trademark, logo or other proprietary information including forms, page layout, text and images from this Website and its affiliates and partners without express written consent. Further, you may not use meta tags or any other hidden text using the Organic Bug name or trademark without the express written consent of Organic Bug. This Website or any portion of this Website may not be visited, copied, reproduced, sold or otherwise utilized for any purpose without the express written consent of Organic Bug. Unauthorized use of this Website terminates the permission of limited licensure granted by Organic Bug.

Affiliates & Partners
This Website may contain hyperlinks ("links") to websites operated by persons or entities other than Organic Bug ("third-party websites"). These links are provided to users for reference and to enhance your online shopping experience. Links from Organic Bug to third-party websites does not imply or endorse the content of that third-party website in any manner. You are solely responsible for determining the reliability and use of any content of a third-party website linked from this Website. ORGANIC BUG DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY CONTACT WITH ANY THIRD-PARTY WEBSITE, ITS OPERATORS, OR ANY OTHER PARTIES INVOLVED IN ANY SUCH DEALINGS.

User Responsibilities
You agree to comply with all applicable law in connection with your use of this Website. As a condition of use of organicbug.com, you warrant that you will not make use of the Website for any purpose prohibited by this Agreement. All information provided to this Website, or any affiliate or partner websites, by you in connection with a transaction, monetary or other, shall be current, complete, and accurate. You agree to pay all charges incurred by any persons of any payment method used in connection with any monetary transaction with Organic Bug, its affiliates, and partners at the prices in effect when such charges occurred, including applicable taxes and shipping charges.

You agree to comply fully with this Agreement and refrain from attempts to violate the security of this Website including, but not limited to, these actions:

Any interference, or attempt to interfere with service to users, hosts, or networks
Sending any unsolicited email and/or the forging of TCP/IP packet header information into emails or postings
Unauthorized access to a server, account or data
Unauthorized breach of security or authentication measures; attempts to probe, scan, or test system or network vulnerability

Ordering from organicbug.com
Organic Bug reserves the right to remove or edit contents, cancel orders, refuse service, and terminate accounts at its sole discretion, without limitation, if Organic Bug believes that user conduct violates applicable law or is harmful to the interests of Organic Bug.

Product, Pricing, Sales Tax, Customs & Duty
Organic Bug works to provide accurate information in the description of its products. We do not guarantee correct, complete, current, or reliable content or product descriptions on this Website. The product colors that appear on the Website are displayed as accurately as possible. Computer monitor colors vary as do the actual colors of the products due to color variations during production. We cannot guarantee that your monitor display of any color is accurate nor do we warrant actual product color based on its appearance on this Website.

Prices are subject to change without notice. If a product displayed lists an incorrect price, organicbug.com reserves the right to refuse, cancel, or limit any order(s) placed at the incorrect price. Products displayed on this Website are quoted in US Dollars, unless otherwise stated.

State sales tax on the merchandise total including shipping & handling is withheld for nonfood items shipped to FLORIDA. Local sales tax to the delivery destination in FLORIDA is also included. You are responsible for sales tax on merchandise that is shipped to states other than Florida in the United States of America. Any taxes, duty or customs imposed on international shipments are the sole responsibility of the recipient.

Risk of Loss
Any and all products or services purchased from this Website are shipped and delivered by independent carriers not affiliated with Organic Bug. Title to products purchased on this Website, and the risk of loss for merchandise, passes on to you when the carrier takes possession of these items.

Organic Bug Guarantee
Your 100% satisfaction is our guarantee! If you are not completely satisfied with any purchase you make at Organic Bug, please return it for an exchange or merchandise credit following our Returns & Exchanges policy.

Disclaimer of Warranties and Limitations on Liability
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. THIS WEBSITE IS PROVIDED BY ORGANIC BUG ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORGANIC BUG MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE RELIABILITY OF ANY ADVICE OR OPINION, THE ACCURACY OR COMPLETENESS OF INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, PRICING, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE WEBSITE AND THE EMAILS SENT FROM THIS WEBSITE OR ITS CONTRACTED SERVICE PROVIDERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY INFORMATION ON THIS WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORGANIC BUG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.

IN NO EVENT WILL ORGANIC BUG, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THIS WEBSITE OR ANY LINKED WEBSITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO ORGANIC BUG THROUGH THIS WEBSITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTON, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATES OR JURISDICTIONS 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 AFOREMENTIONED DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Applicable Law & Disputes
This Agreement, our rights and obligations, your rights and obligations, and all actions considered by this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without reference to its conflict of law rules, as if this Agreement were a contract wholly entered into and wholly performed within the State of Florida. You herein irrevocably consent to the exclusive jurisdiction and venue of the courts in Volusia County, Florida, United States of America for any claim or dispute arising out of or relating to this Agreement and the use of this Website. You further agree and expressly consent to the exercise of personal jurisdiction in the State of Florida in connection with litigating any such claim or action.

Any dispute relating in any way to your visit to organicbug.com or to merchandise you purchase through organicbug.com shall be submitted to confidential arbitration in Volusia County, Florida, United States of America, except that, to the extent you have in any manner violated or threatened to violate Organic Bug’s intellectual property rights, Organic Bug may seek injunctive or other appropriate relief in any state or federal court in the United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration. The parties specifically incorporate the terms of Florida Code of Civil Procedure with respect to discovery. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Indemnification
You agree to indemnify and hold harmless Organic Bug, its officers, members, directors, employees, agents, its contractors and suppliers, its third-party partners and affiliates, its successors, and assigns from and against all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney’s fees and other legal expenses, and judgments of any nature, relating to your use of this Website, your violation of this Agreement, or your violation of any rights of another.

Miscellaneous Legal Provisions
Organic Bug reserves the right to discontinue this Website at any time and for any reason without notice. We may change the contents, operation, or any and all other features of the Website at any time for any reason without notice. We may discontinue or restrict your use of the Website at any time for any reason without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Organic Bug as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Organic Bug’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Organic Bug with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Organic Bug to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to subsequently enforce any terms or conditions of this Agreement or to act with respect to similar breaches. If a provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding our Website and its content, and supersedes any prior or contemporaneous communications between Organic Bug and you regarding our Website and its contents.

All rights not expressly granted herein are hereby reserved.

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Privacy & Security Policy
Organic Bug and its affiliates understand the importance of customer privacy and security. We respect the privacy of our customers; therefore, Organic Bug does not trade, sell, rent or share personal information to third parties. Any and all personal information provided to us by our customers is only used by Organic Bug to enhance each individual’s shopping experience while visiting our Website.

Protecting the information entrusted to us and maintaining the highest level of personal privacy shall remain our number one priority. The function of this Privacy Policy is to describe what kinds of personal information we collect, how we may use and protect that same information, and choices our customers have regarding their personal information. Although no method of internet transmission or electronic storage can guarantee 100% security, Organic Bug follows the generally accepted industry standards for protection of personal information. We endeavor to stay current with the most up-to-date physical, electronic and managerial security procedures to protect the personal information we collect; however, Organic Bug cannot guarantee the absolute security of its website.

By visiting organicbug.com, you agree to the practices expressed in the current version of the Privacy & Security Policy. Please review the Privacy & Security Policy upon each visit to this Website to make yourself familiar with its present terms. Any change to our Privacy & Security Policy is always clearly posted on these pages of our Website to inform users about what information we collect and how we use it.

Non-Personal Information
This Website automatically collects non-personally identifiable information from your computer. This information includes your browser type, domain name, and computer Internet Protocol (“IP”) address. This is the number automatically assigned to your computer upon any kind of internet access. We use IP addresses to monitor the number of visitors including the average time spent on our Website, analyze user trends, measure marketing performance, assist in diagnosis of problems or failures on our server, and to make improvements to our Website.

Organic Bug uses “cookie” technology to identify you while you use our Website. A cookie is a non-personally identifiable alphanumeric data file that a site places on your hard drive to enable it to remember you while you use and return to a site. Organic Bug uses session ID cookies, which terminate once you exit or close your browser, to track visits to our Website. Persistent cookies store non-personally identifiable information about you on your computer. Cookies make using a site more convenient. One example is the use of a cookie to retain the contents of your shopping cart while you continue to shop. Additionally, cookies are used to collect cumulative usage information concerning the numbers and frequency of visitors to individual pages and to a site overall. This data is generally used to help improve the usability and appearance of the site.

Should you wish to remove persistent cookies from your hard drive, you may go to your internet browser and follow the cookie removal instructions. You may also set your browser to refuse all cookies or alert you to their presence. Please note, if you choose to disable cookies through your browser, you may not be able to add items to your shopping cart or complete an order online.

Cookies are for aggregate use and do not collect personally identifiable information. This Website does not combine information collected through cookies with other personally identifiable information gathered about you.

Personal Information
Personally identifiable information is collected in the course of processing account registrations and product orders. Personal information may include name, shipping address, billing address, email address, phone number(s), and credit card information. Other information may be gathered relating to satisfaction surveys as well. Our Website allows visitors to contact us directly with questions or comments regarding our products and other website-related issues. In this process we maintain data files to insure quick replies and implementation of improvements based on these questions or comments.

When you provide personally identifiable information to this Website, whether through the placement of an order or upon registration of My Account, organicbug.com employs Secure Sockets Layer (“SSL”) technology. All information you supply us is encrypted prior to transmission across the internet; then decoded after its arrival on our secure server for processing. SSL encryption makes personal information extremely difficult for others to intercept.

Uses of Information
Contact information from the e-commerce transaction is used to contact customers with information pertaining to order status and shipping alerts. Financial information that is gathered during check out is used for processing orders on our Website. All email communications regarding sales orders and shipping alerts refer to credit card numbers only by their final four digits.

One-time registration to activate My Account on our Website allows future expedited checkout among other benefits. The personally identifiable information you register with us including, but not limited to, your name, shipping address, billing address, phone number(s), email address, and credit card information is stored in our database and accessible only to you each time you visit our Website and sign in using your username and password to access your personal account.

If you subscribe to our email Updates or if you provide your email address to us, we will automatically send you email Updates. These emails are provided as a courtesy to inform you about new products, specials and promotional offers. There may also be informative articles pertaining to health and well-being. To opt-out of our email Updates, you may find an easy-to-use unsubscribe link at the bottom of each email we send.

Information Disclosure
Organic Bug does not disclose your personal information to any other companies, persons or agencies, except for the following purposes:

Service Providers—Outside companies and individuals may be contracted by Organic Bug to perform services on our behalf. This may include, but is not limited to, operating and maintaining our Website, processing orders, sending email, filling and packing orders, mailing packages, delivering packages, data entry and analysis, market consultation and assistance, processing credit card payments, and providing customer service. These companies and individuals are only given access to the specific personal information which is needed to perform their respective services, but they are prohibited by law from using it for any other purpose.

Affiliates and Partners—Sometimes we email offers to selected groups of customers on behalf our affiliated companies and other nonaffiliated partners. These offers are sent by Organic Bug, not by our affiliates and partners.

When any part of our Website links you to other websites, it is important you understand those websites operate under their own privacy & security policy. We recommend thorough examination of the privacy & policy statements posted on our affiliate and partner websites to become aware of their procedures for gathering, using and disclosing personal information.

Legal—We reserve the right to disclose personally identifiable information to comply with applicable law regulation, legal process, or governmental request; enforce or apply our Terms of Use and other agreements or protect the rights, property, or safety of Organic Bug, its customers, employees or others.

Within the scope of our business practices, we may buy or sell subsidiaries or business units. Customer information is often one of the transferred business assets but shall remain subject to the terms set forth in our Privacy & Security Policy.

Children's Privacy
Organic Bug encourages parents and guardians to monitor and further participate in their children’s online activities. No personal information may be submitted to this Website by children under 13 years of age. Children under 13 years of age are not allowed to subscribe to email Updates or register for Personal Accounts. Organic Bug does not knowingly collect personal information from visitors to our Website under 13 years of age. Users under 18 years of age may use our Website only with the involvement of a parent or guardian.

We are happy to answer any questions or concerns regarding this Agreement. Please contact us via email at info@organicbug.com, by phone: 386.428.7050, or by mail: Organic Bug, 613 North Riverside Drive, Edgewater, Florida 32132

Should you disagree with our Terms of Use Agreement, our Privacy & Security Policy, or any changes regarding the same, your sole legal recourse is to discontinue use of this Website immediately.

Last modified: SEPTEMBER 2007

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