PLEASE REVIEW PARTICULARLY SECTION 7 DETAILING THE AUTO-RENEWAL SUBSCRIPTION TERMS AND SECTION 18 RELATED TO BINDING ARBITRATION.
BY PLACING AN ORDER, COMPLETING THE REGISTRATION PROCESS, ACCEPTING ANY OFFER, OR ACCESSING OR USING THE SITE, YOU ARE REPRESENTING THAT: (1) YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, INCLUDING ANY CHANGES TO THEM, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH TOLS, AND (3) YOU HAVE THE AUTHORITY TO ENTER THE TERMS OF SERVICE. THEREFORE, PLEASE VISIT THESE TERMS FROM TIME TO TIME AND CERTAINLY BEFORE ANY PURCHASE.
The Terms apply to all users of the website, including, without limitation, browsers, customers, or contributors of content. Through the Site and any TOLS App, we offer for sale individual products (“Products”) that you select and we offer a subscription service, pursuant to which each month TOLS will ship you a package with a different selection of Products chosen by TOLS (the “Subscription Service”). The Terms apply if you purchase individual Products or a Subscription Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. We may update, change, or replace any part of the Terms by posting updates or changes to the website. We may refuse Services to anyone at any time for any reason.
You may only access our website using the Hypertext Transfer Protocol Secure (HTTPS) protocol (e.g., https://treeoflifeseeds.com ). You are responsible for maintaining the security of your network connection, computer, mobile device, and the password and identity you use to access certain features on our website and/or any TOLS App that require a password.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or the Services without our express written permission.
2. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
Occasionally there may be information on our website or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, Product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders at any time without prior notice (including after you have submitted your order).
We are not responsible if information made available on the website is not accurate, complete, or current. The material on the website is provided for information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the website is at your own risk.
We undertake no obligation to update, amend, or clarify information on the Site or in the Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site or in the Services should be taken to indicate that all information in the Services has been modified or updated.
3. PRODUCTS AND SERVICES IN GENERAL
Certain Products or Services may be available exclusively online through the website.
We have made every effort to display as accurately as possible the colors and images of our products. We assume no responsibility for the accuracy of your computer monitor’s display of any color.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. Any offer for any Product or Service made on this website is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
4. MODIFICATIONS TO PRODUCTS, THE SERVICES, AND TO PRICES
Our Services, Products, and prices are subject to change without notice. We reserve the right at any time to modify or discontinue any Product and any Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Product or any Service.
We reserve the right to refuse or restrict orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may try to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
5. SERVICE AVAILABILITY AND YOUR STATUS.
The Site, any TOLS App, and the Services are intended for use by individuals in the United States of America. At this time, we do not accept orders from individuals outside the United States of America. As such, by placing an order through the Site or any TOLS App, you represent and warrant that you: (1) are legally capable of entering into this Agreement; (2) are at least 18 years old; (3) are a resident of United States of America; and (4) are accessing the Site or any TOLS App from United States of America.
6. REGISTRATION OF YOUR ACCOUNT.
Registering Your Account. To utilize specific features on the Site and any TOLS App, you will need to become a Registered User. For purposes of the Agreement, a “Registered User” is a user who has registered an account on the Site (an “Account”).
Your Registration Data. Should you create an Account with TOLS, you agree to: (1) provide true, accurate, complete, and up-to-date information (meaning, you agree to update your information, as necessary); (2) maintain the security of your password and accept the risks associated with unauthorized access to your Account; (3) notify us as soon as possible either at firstname.lastname@example.org or call 501-408-2420 if you believe there have been any breaches to the security of the Site, any TOLS App, or your Account information; and (4) exit from and close out of your Account at the end of each session.
Your Warranties and Representations to Us. You represent that you are not a person barred from using the Site or any TOLS App under the laws of the United States, your place of residence, or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you shall monitor your Account to prohibit use by minors, and you will accept full responsibility for any unauthorized use of the Site and any TOLS App by minors. You may not share your Account or password with anyone. If you provide any information that is
untrue, inaccurate, not current or incomplete, or if TOLS has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, TOLS has the right to suspend or terminate your Account and refuse any and all current or future use of Site, any TOLS App, or the Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. TOLS reserves the right to remove or reclaim any usernames at any time and for any reason. You agree not to create an Account or use the Site or any TOLS App if you have been previously removed by TOLS, or if you have been previously banned from any the Site or any TOLS App. You acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of TOLS. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THE SERVICES BY ANYONE USING YOUR ACCOUNT WHETHER OR NOT SUCH ACCESS TO AND USE OF YOUR ACCOUNT IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
7. SUBSCRIPTION SERVICE.
TOLS Subscription Service; Product Selection. TOLS offers two (2) Subscription Service options from which you may choose, $150 per month or $300 per month (each, a “Subscription Plan”). If you purchase a Subscription Plan, each month you will receive a package from TOLS (“Subscription Box”) that contains Products according to your Subscription Plan. Each month of your subscription, the selection of Products may change. Accordingly, TOLS cannot guarantee that a Product available in a particular timeframe will be available in any subsequent timeframe. BY SUBSCRIBING TO A SUBSCRIPTION PLAN,YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE SUBSCRIPTION PLAN EACH MONTH.
Subscription Box Shipping and Risk of Loss. Unless otherwise indicated at the time of your purchase of a Subscription Plan, shipping and handling fees are included with your order. Shipping dates and arrival times are only estimates. For loss/damage claims, you must notify TOLS within 30 days of the date of receiving your Product if you believe all or part of your order is missing or damaged.
Auto Renewal. THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU PURSUANT TO YOUR SUBSCRIPTION PLAN. BY PURCHASING A SUBSCRIPTION PLAN, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION REQUIRES AN INITIAL PAYMENT AND RECURRING PAYMENTS (“CHARGES”), AND YOU ACCEPT RESPONSIBILITY FOR ALL CHARGES PRIOR TO DEACTIVATION OF YOUR ACCOUNT. TOLS MAY SUBMIT THE CHARGES WITHOUT FURTHER AUTHORIZATION UNTIL YOU DEACTIVATE YOUR ACCOUNT OR YOU CHANGE YOUR PAYMENT INFORMATION. SUCH DEACTIVATION WILL NOT AFFECT CHARGES SUBMITTED BEFORE TOLS CAN REASONABLY ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT INFORMATION, LOGIN TO YOUR TOLS ACCOUNT; EMAIL INFO@TREEOFLIFESEEDS.COM; OR CALL 501-408-2420. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE TOLS WITH THE UPDATED INFORMATION. TOLS RESERVES THE RIGHT TO USE THE UPDATED INFORMATION FOR FUTURE CHARGES TO HELP PREVENT INTERRUPTION. BY SIGNING UP FOR THE SUBSCRIPTION SERVICE, YOU AGREE TO RECURRING PERIODIC PAYMENTS FOR AN INDEFINITE TIME AND UNTIL YOUR ACCOUNT IS DEACTIVATED ON THE SUBSCRIPTION TERMS SET OUT HERE OR IN ANY APPLICATION. YOU MAY DEACTIVATE YOUR ACCOUNT AT ANY TIME, IN ACCORDANCE WITH THE TERMS IN SECTION 0. YOU WILL NOT BE CHARGED FOR DEACTIVATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING DEACTIVATION. TOLS RESERVES THE RIGHT TO DENY RE-SUBSCRIPTION. YOUR SUBSCRIPTION WILL CONTINUE UNTIL TERMINATED OR DEACTIVATED. AFTER YOUR INITIAL SUBSCRIPTION PERIOD AND ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO AUTOMATIC RENEWAL UNLESS AND UNTIL YOUR ACCOUNT IS DEACTIVATED. IF YOU DEACTIVATE YOUR ACCOUNT, YOU MAY USE YOUR SUBSCRIPTION UNTIL THE END OF THE THEN CURRENT SUBSCRIPTION TERMS AND YOUR SUBSCRIPTION WILL NOT RENEW AFTER YOUR THEN-CURRENT TERM EXPIRES. IF YOU CANCEL YOUR SUBSCRIPTION, YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION, IF TOLS DOES NOT RECEIVE YOUR PAYMENT, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT; AND (B) YOU AGREE THAT TOLS MAY TERMINATE OR SUSPEND YOUR ACCOUNT AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED. UPON RECEIPT OF YOUR PAYMENT, YOUR ACCOUNT MAY BE REACTIVATED AND YOUR SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY THE PAYMENT WAS RECEIVED.
Deactivation. The ability to change an order locks five (5) days prior to your scheduled delivery date. Therefore, to deactivate your Account or cancel or change an order, you must do so at least five days prior to your delivery date. To deactivate your Account, please call TOLS at 501-831-1522 or email email@example.com stating that you wish to terminate your account, along with your full name and registered email address. Where required, you may also deactivate your Account by accessing your Account on the TOLS website.
Pausing Your Subscription. You have the option to pause your subscription by logging on to your Account and choosing the “Skip Month” button. You will not be charged for any month you choose to skip. You cannot skip a month if a scheduled order is already “locked.” Skipping a month shall only apply to the month you skip, and automatic deliveries will commence the following month, unless you choose to skip the following month, subject to the details, above.
8. BILLING, PAYMENT, AND PRICING.
Price Adjustments. TOLS reserves the right to adjust prices for Products or Subscription Services at its sole discretion, at any time, and without notice; provided, however, that TOLS will give you at least ten (10) days’ advance notice of any price changes within your Subscription Plan. Your acceptance of a Product (from an individual Product order) or a Subscription Box (from a Subscription Service) constitutes your acceptance of any price changes, unless you cancel your Subscription Service, as provided herein. All prices shown are for United States dollars and any applicable taxes or other fees and charges are not included in the prices show on the Site or any TOLS App. Prices, taxes, and other fees may vary geographically.
Payment. You agree to pay for all orders from your Account in accordance with the terms and conditions in effect at the time an order is placed from your Account, including any applicable taxes. Before you can place an order, you must provide valid payment information through the Site or a TOLS App. When you place an order, you agree and authorize TOLS to immediately charge the payment method(s) you provide for all fees and taxes applicable to your order and to share payment information and instructions required to complete the payment transactions between TOLS, payment processors, and third-party payment service providers. TOLS may automatically charge alternative payment methods associated with your account if a primary payment method is declined or no longer available. No additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. TOLS reserves the right at any time to change its billing methods.
Payment Information; Payment Service. TOLS uses a third-party payment processing service to process your payments. When you pay for Products or Subscription Services through our Site or a TOLS App, you transmit your credit card information to the third-party processor, not TOLS. Your information is subject to the conditions of the third-party payment service provider’s terms of service and privacy policies. TOLS may change the third-party payment processor that TOLS uses from time to time; you agree that TOLS will not be responsible for any failures of the third party to adequately protect your information. You are responsible for any fees or charges your issuing bank or credit card provider may charge you. If your payment is returned for any reason, we may bill your account again directly and seek payment by another method including a mailed statement.
Emails and Offers. You may receive emails regarding your account or promotions for special offers, including third party offers.
9. RETURNS AND EXCHANGES.
Returns are not accepted for Products. Damaged or defective Products may be exchanged for new, unopened items within 7 days of delivery for a new, identical product. You should expect to receive your exchange within two weeks of giving your package to the return shipper; however, in many cases you will receive your exchange more quickly. This time period includes the transit time for us to receive your return from the shipper and the time it takes us to process your return once we receive it. If you need to exchange an item, please contact us at 501.408.2420 or email support your order number and details about the Product you would like to exchange.
10. PROPRIETARY RIGHTS.
Ownership. TOLS is the owner and operator of the Site and any TOLS App and the owner of, or duly licensed to utilize, all content, features, and functionality published on the Site or any TOLS App.
Trademarks. “Tree of Life Seeds” and all other TOLS marks and logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of TOLS or are otherwise proprietary to TOLS (collectively, the “Marks”). You shall not use the Marks for any reason other than as expressly permitted by the Terms. All other trademarks, service marks, product names, and company names, logos, designs, or slogans appearing by and through TOLS are the property of their respective owners and you do not acquire any ownership rights in or to such marks, logos, or names by using or accessing the Site or the products. Do not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Products.
Other Content. Consistently with the Terms and except with respect to your rights in your User Content, you agree that you have no right, title, or interest in or to any content that appears on the Site or the Products.
Procedure for Making Claims of Copyright Infringement. TOLS reserves the right to terminate any user’s access to the Products where that user infringes upon third-party copyrights. If you believe content posted on the Site or any TOLS App infringes your copyright, please provide our copyright agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to regarding notice of claims of copyright infringement should be sent to our copyright agent at firstname.lastname@example.org.
11. PROHIBITED USES.
You may use TOLS Products only for lawful purposes and in accordance with these Terms. You agree not to use the Products:
· 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 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 TOLS, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
· To impersonate or attempt to impersonate TOLS, an employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or any TOLS App, or which, as determined by us, may harm TOLS or users of the Site or expose them to liability.
Additionally, you agree not to:
· Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
· Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
· Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the Site.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
· Attack the Site via a denial-of-service attack or a distributed denial-of- service attack.
· Otherwise attempt to interfere with the proper working of the Site.
12. NON-USER, THIRD-PARTY CONTENT.
We may display content, advertisements, and promotions from third parties through the Site, in mailings or emails containing information regarding other companies, or with or contained within the Services (“Third-Party Content”). The Third-Party Content is not endorsed, adopted by, or controlled by TOLS, and we make no representations or warranties of any kind regarding such Third-Party Content, regarding its accuracy or completeness. You acknowledge and agree that (i) your interactions with third parties providing Third-Party Content through or on the Services
(including, but not limited to, the Site, any TOLS App, social media, other content, or Products) are solely between you and such third parties; and (ii) that it is impossible for TOLS to monitor such materials and that you access these materials at your own risk.
13. USER DATA AND BEHAVIOR.
This section describes the relationship between us and you regarding your data, information, knowledge, content, and behavior (i.e., your Data). Data includes, without limitation, comments, photographs, images, graphics, video, music, and art. By sharing, submitting, posting, transmitting, or uploading Data to the Site, to Tree of Life Seeds’ social media channels, including, without limitation, Twitter (including # and @ comments incorporating Tree of Life Seeds), Facebook, and Instagram, or to pages dedicated to Tree of Life Seeds in discussion forums (e.g., Reddit), you grant Tree of Life Seeds a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to distribute, use, reproduce, prepare derivative works from, display, or perform, transmit, process, and store your Data in any legal manner for the benefit of Tree of Life Seeds. You acknowledge and agree that you assume sole responsibility for everything that you do and make available through such means. You represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Tree of Life Seeds the required rights of reproduction, distribution, performance, display, transmission, processing, storage, and other related rights, and (2) neither your Data nor your posting, uploading, publication, submission, or transmission of Data or Tree of Life Seeds’ use of your Data (or any portion thereof) on, through, or by means of Tree of Life Seeds will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Tree of Life Seeds shall have no obligation to pay you for Data and, with respect to TOLS’s use or nonuse of Data, TOLS is under no obligation to post or use any Data you may provide. TOLS may, in its sole discretion, remove your Data at any time, with or without notice to you, prior or otherwise. You may request the removal of your Data for any reason on reasonable written notice to TOLS and, on receipt, TOLS will take commercially reasonable steps to comply with your request.
Tree of Life Seeds does not and cannot review all Data submissions and is not responsible for the content or substance thereof. However, TOLS reserves the right to delete, move, or edit user Data that it, in its sole discretion, deems to be abusive, defamatory, obscene, in violation of copyright or trademark laws, or in violation of any person’s rights of privacy or publicity, or otherwise unacceptable, provided that TOLS shall not be deemed the publisher of any user Data by virtue of its right to control that Data. Any views and opinions expressed in user-submitted Data reflect the author’s points of view and are not necessarily those of TOLS or its licensing partners and affiliated entities.
You agree to indemnify, defend, and hold harmless Tree of Life Seeds, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms, or any activity related to use of the Site or any TOLS App (including negligent or wrongful conduct) by you or any other person accessing the Site or any TOLS App using your Internet account.
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE AND CONSUMPTION OF THE PRODUCTS. AS SUCH, ALL CONTENTS OF THE RESPECTIVE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
SPECIFICATIONS RELATED TO WARRANTIES. WE ATTEMPT TO DISPLAY THE PRODUCTS YOU WILL RECEIVE IN YOUR PRODUCT BOXES AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AND TOLS APP, INCLUDING PRICING, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND SUBJECT TO THIS AGREEMENT, TO CORRECT SUCH ERRORS AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A CREDIT REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS. THE SITE MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITE DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
16. LIMITATION OF LIABILITY.
Neither Tree of Life Seeds nor its celebrity spokespersons shall be liable for any indirect, punitive, incidental, special, exemplary, or consequential damages or attorney’s fees or costs, that result from the use of, or the inability to use, the Site or materials on or provided through the Site, even if TOLS has been advised of the possibility of such damages, and even if a remedy set forth in these Terms is found to have failed its essential purpose. In no event will TOLS’s liability to you exceed 12 months of the fees actually paid by you and your TOLS Account, Subscription Service, or other purchases made on the Site. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
While Tree of Life Seeds takes precautions against security breaches, no website or internet transmission is completely secure, and as such, TOLS shall not be liable for any damages whatsoever that may result from unauthorized access, hacking, Data loss, or other breaches that may occur on the Site or any TOLS App.
In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from our suppliers, TOLS shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. TOLS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, TOLS will issue a credit to your credit card account in the amount of the charge.
These Terms are applicable to you upon your accessing the Site. These Terms, or any part of them, may be modified or terminated by TOLS without notice at any time, for any reason. Tree of Life Seeds reserves the right to limit discount codes to one per customer in its sole discretion. The provisions relating to copyrights, trademark, disclaimer, limitation of liability, and indemnification shall in all events survive any termination of these Terms and your use of the Site.
17. MODIFICATIONS TO THE SITE AND PRODUCTS.
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Site or any TOLS App (or any features or parts thereof) or the rates, delivery, or provision of the Products at any time.
18. DISPUTE RESOLUTION AND BINDING ARBITRATION.
Covered Matters. You and Tree of Life Seeds agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Site, Account, Subscription Services, or Products, any breach, enforcement, or termination of these Terms, or otherwise relating to Tree of Life Seeds in any way (collectively, “Covered Matters”) will be resolved in accordance with the provisions set forth in this Section 18.
Informal Resolution. If you have any dispute with us, you agree that before taking any formal action, you will contact us here, provide a brief, written description of the dispute and your contact information and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Applicable Law. United States federal law, and (to the extent not inconsistent with or pre-empted by federal law) the laws of the state of Arkansas, without regard to conflict of laws principles, will govern all Covered Matters.
Arbitration. These Terms and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel). The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Award. For matters where monetary relief is sought, only an amount equal to up to 12 months of the fees actually paid by you and actually received by us is awardable.
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $5,000 or less, at your request, Tree of Life Seeds will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, Tree of Life Seeds is relieved of its obligation to reimburse you for any fees associated with the arbitration.
Future Amendments to the Agreement to Arbitrate. Notwithstanding any provision in the Terms to the contrary, you and we agree that if we make any amendment to this agreement to arbitrate in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Tree of Life Seeds prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the agreement to arbitrate that have arisen or may arise between you and Tree of Life Seeds. If you do not agree to these amended terms, you may close your account within thirty (30) days of the posting or notification and you will not be bound by the amended terms.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise (and except as described herein), in the event that the agreement to arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the agreement to arbitrate, as a result of a decision by the arbitrator, or a court order, you agree that any claim or dispute that has arisen or may arise between you and Tree of Life Seeds must be resolved exclusively by a court located in Pulaski County, Arkansas. You and Tree of Life Seeds agree to submit to the exclusive personal jurisdiction of the courts located within Pulaski County, Arkansas for the purpose of litigating all such claims or disputes.
Opt-Out. IF YOU ARE A NEW TREE OF LIFE SEEDS USER, YOU CAN CHOOSE TO REJECT THE AGREEMENT TO ARBITRATE PROVISION (“OPT-OUT”) BY EMAILING US AN OPT-OUT NOTICE HERE INFO@TREEOFLIFESEEDS.COM OR VIA US MAIL TO: Tree of Life Seeds 710 Dixie St. North Little Rock, AR 72114, USA. THE OPT-OUT NOTICE MUST BE RECEIVED NO LATER THAN THIRTY (30) DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME. IF YOU ARE NOT A NEW TREE OF LIFE SEEDS USER, YOU HAVE UNTIL THIRTY (30) DAYS AFTER THE POSTING OF THE NEW TERMS TO SUBMIT AN ARBITRATION OPT-OUT NOTICE.
Opt-Out Procedure. To opt-out, you must email your name, address (including street address, city, state, and zip code), and email address(es) associated with your Account(s) to which the opt-out applies and an unaltered digital image of a valid driver’s license which matches the name on your account to email@example.com. This procedure is the only way you can opt out of the agreement to arbitrate. If you opt out of the agreement to arbitrate, all other parts of these Terms and its Disputes section will continue to apply to you. Opting out of this agreement to arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
WAIVER. BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR 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, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
STATUTE OF LIMITATIONS. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
Disputes with other Users. If you have a dispute with one or more users, you release Tree of Life Seeds from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown including without limitation attorney’s fees, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Continuation. This Arbitration Agreement shall survive the termination of your contract with Tree of Life Seeds and your use of Tree of Life Seeds services.
19. TERM, TERMINATION, SURVIVAL.
Term. The Agreement commences on the date when you accept the Terms and remains in full force and effect while you use the Site or use a Subscription Service, unless terminated earlier in accordance with the Agreement.
Termination. Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate or suspend your right to access or use the Site and to order, receive and use the Subscription Service or the Products, at any time and for any or no reason, including, without limitation, any violation of this Agreement. You can cancel your Service in accordance to the terms set forth in Section 0 hereunder. Except as set forth above, the Service subscription fee shall be non-refundable. If timely payment cannot be charged to your payment provider for any reason, if you have materially breached any provision of the Agreement, or if TOLS is required to do so by law (e.g., where the provision of the Site, the App or the Services is, or becomes, unlawful), TOLS has the right to, immediately and without notice, suspend or terminate any services provided to you. You agree that all terminations for cause shall be made in TOLS’s sole discretion and that TOLS shall not be liable to you or any third party for any termination of your Account.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Service may also include deletion of your password and all related information, files, Data, and content associated with or inside your Account or any part of it. Upon termination of any Subscription Service, your right to use it will terminate immediately. TOLS will not have any liability whatsoever to you for any suspension or termination. All provisions of the Agreement which by their nature should survive, shall survive termination of your Account, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
No Subsequent Registration. If your Account is terminated by TOLS due to your violation of any portion of the Agreement, then you agree that you shall not attempt to re-register with or access the site through use of a different name or otherwise, and you acknowledge that you will not be entitled to receive a refund for related fees. In the event that you violate the immediately preceding sentence, TOLS reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
20. APP STORES.
You acknowledge and agree that the availability of the TOLS App is dependent on the third party from whom you received the App license, e.g., the Apple App Store or Google Play (each, an “App Store”). You acknowledge that this Agreement is between you and TOLS and not with the App Store. TOLS, not the App Store, is solely responsible for the offerings, including the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the TOLS App, you must have access to a wireless or other network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the offerings, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all terms of agreement imposed by the applicable App Store. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
Additional Terms for Apple Apps. With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. In addition, the following terms apply to any App Store Sourced Application: (a) You acknowledge and agree that (i) this Agreement is concluded between you and TOLS only, and not Apple, and (ii) TOLS, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. (b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. (c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between TOLS and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of TOLS. (d) You and TOLS acknowledge that, as between TOLS and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. (e) You and TOLS acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between TOLS and Apple, TOLS, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. (f) You and TOLS acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof. (g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Captions and Headings. All captions, indices, titles, subject headings, section titles and similar items contained in these Terms are provided for the purpose of reference and convenience only and are not intended to be inclusive, definitive or to affect the meaning or content of these Terms.
Discount Codes. Except as may be explicitly permitted through the Site, you agree not to sell, license, rent, lease, modify, distribute, copy, reproduce, publicly display, publish, transfer, edit, catalogue, aggregate, or create derivative works from discount codes received on or from the Site.
Links to Third-Parties. In an attempt to provide increased value to our visitors, Tree of Life Seeds may link to sites operated by third parties. However, Tree of Life Seeds has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Tree of Life Seeds. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tree of Life Seeds seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work).
Severability. In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
24. ELECTRONIC COMMUNICATIONS.
For contractual purposes, you (1) consent to receive communications from TOLS in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications related to these Agreement that TOLS provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document.
25. EXPORT CONTROL.
You may not use, export, import, or transfer the offerings except as authorized by U.S. law, the laws of the jurisdiction in which you obtained Services, and any other applicable laws. In particular, but without limitation, the offerings may not be exported or re-exported (1) into any United States embargoed countries, or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
26. INTERNATIONAL USE.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All pricing is in United State dollars. No subscriptions will be allowed outside the United States.
Tree of Life Seeds may deliver notice to you by means of e-mail, a general notice on the Site, or by other reliable method.
29. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.