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 3DCart, a division of Infomart 2000, a
web content management company.
Organic Bug, its employees and
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 + Conditions 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 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 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, Inc
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
- A 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:
Copyright Agent
Organic Bug, Inc
613 North Riverside Drive
Edgewater, Florida 32132
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, Organic Bug
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 following our Returns 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. |
