Use Agreement Terms and conditions
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. We maintain this web site as a service to our customers, and by using our site you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Fraud: By becoming a member, you confirm that the information provided in this form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by ìInsert your company name hereî in its sole discretion. If membership has been revoked, ìInsert your company name hereî reserves the right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
10. Use of Information. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
11. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
13. Privacy Policy. Our Privacy Policy ? ìMake ìPrivacy Policy a hyperlink to your privacy policy pageî, as it may change from time to time, is a part of this Agreement.
14. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
15. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
16. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
17. Submissions. All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, "Submissions") shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
18. Return Policy. Due to the nature of our online site, and the products listed, contact URBAN ORGANICS regarding request for return of product.
19. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF THE COUNTY OF SAN DIEGO, CALIFORNIA OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF CALIFORNIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT ENCINITAS, CALIFORNIA OR THE COUNTY OF SAN DIEGO, CALIFORNIA IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by URBAN ORGANICS in the State of CALIFORNIA, USA. As such, the laws of CALIFORNIA will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
20. Lapsed Accounts: In order to keep URBAN ORGANICS membership or client roster current, if a Member or Client does not access his or her account for a period of 365 days or more, URBAN ORGANICS may, in its sole discretion, terminate or de-activate such Member's or Client's account. URBAN ORGANICS will endeavor to notify a Member or Client of URBAN ORGANICS intent to terminate such Member's or Client's account by notice to such Member's or Client's provided email address and/or writtent notice at URBAN ORGANICS discretion, at least 45 days prior to deactivation. If the Member or Client fails to respond to such email notice within 45 days after the day it is sent by URBAN ORGANICS, such Member's or Client's account will be terminated ostique in, vulputate at, odio.r de-activated as noted above. Therefore, URBAN ORGANICS strongly recommends that all Members and Clients keep their accounts and contact data current and in use. While URBAN ORGANICS desires to prevent active accounts from being terminated or de-activated prematurely, URBAN ORGANICS has no obligation to maintain accounts that appear to URBAN ORGANICS to have been abandoned. Each Member or Client agrees that failure to access his or her account for 365 days or more conclusively indicates that such Member's or Client's account has been abandoned and that the account may therefore be terminated.
21. Verify Members' or Clients' Address: URBAN ORGANICS reserves the right to contact a Member or Client via email, phone or written notice to verify the accuracy of account information (including the Member's or Client's correct name and address and billing information) that is needed to provide the Member or Client with the information he or she requested from URBAN ORGANICS.
Privacy Policy - SSL
At URBAN ORGANICS, your privacy is our priority. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you become a member or client is used to process your orders and to provide a more personalized experience on our site. Our site uses a 128 bit encrypted SSL to increase the security of our customer's information. However, we URBAN ORGANICS do not guarantee complete security on stored information, however, we have installed and applied our encrypted pages and installed our SSL certificate to prevent stolen information.
How Do We Use the Information We Collect? When you become an URBAN ORGANICS member or client, we ask you to fill out a form that requests your name, address and e-mail address. URBAN ORGANICS will NOT share data with trusted partners to help us perform statistical analysis.
Your company's name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment.
Our Use of Log Files When you visit our site we automatically log your IP address, your browser type and your access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information. Site Security
All URBAN ORGANICS employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to key management personnel and our member services department. The information is ID and password protected and our Web security is reviewed on a monthly basis. We have also installed and implied our site with a 128 bit encryption SSL.
Correcting/Updating Your Personal Information
After becoming an URBAN ORGANICS member or client you may correct/update your account information by clicking on the 'My Account' link at the top of any page, entering your ID, password when prompted and clicking the Edit Information button. The changes you make will be reflected in our databases instantly. If you wish to deactivate your account, you may contact our member services group through the 'My Account' section, or the 'Contact Us' section.
Links To Other Sites
This Web site contains links to other Web sites. Please note that when you click on one of these links, you may be leaving the URBAN ORGANICS site and entering another Web site. These sites may independently collect or request information about you and we encourage you to read the privacy statements of these linked sites as their privacy policy may differ from ours. Communication
From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from URBAN ORGANICS.
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose information regarding your account when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site
Supplementation
We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members or clients receive the order and to lower costs associated with our programs.
Our Use of Cookies
Cookies are pieces of information that your browser stores on your computer's hard drive which identify you when you enter. The ability to select samples on our site is not cookie-driven. We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. If you have set your browser to reject cookies, our site will not identify you when you enter and you will need to manually type in your ID and password.
Your Feedback is Always Welcome
We welcome your comments and questions about our privacy policy - or anything else you might want to talk about. To contact us electronically send email to urbanorganics@cox.net.
You can reach us via regular mail at:
URBAN ORGANICS
405 Quail Gardens Drive
Encinitas, CA 92024