Terms and Conditions
The Terms and Conditions explain the following information regarding our Websites and our Products:
Products and shipping
Website limitations of use
Charges and billing
Security and privacy
Limitations of liability
How to contact us
Products and shipping.
Products. All features, content, specifications, products and prices of products (collectively, “Products”) described or depicted on the Websites are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only.
Accuracy of information. SeedsofGracesite.com and Seedsofgracesite.org (collectively, “we” or “us”) attempts to ensure that information on our Websites is complete, accurate and current. We make all reasonable efforts to accurately display the attributes of our Products, including applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Product on our Websites at a particular time does not imply or warrant that a Products will be available at any time since despite our efforts, information on our Websites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Websites.
Acceptance. In addition, we may make changes in information about Product price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. We reserve the right, without prior notice, to limit the order quantity on any Product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any
Product order. SeedsofGracesite.com and SeedsofGracesite.org reserve the right to run a credit check before we accept your offer to purchase any Products from the Websites, and we may refuse to accept your offer to purchase Products based on the results of any such credit check. We also reserve the right to set credit limits on your account, and we may suspend your account when you reach any such credit limit or if we are otherwise concerned about possible fraud or other abuse.
Shipping limitations. When a Product order is placed, it will be shipped to an address designated by you. Risk of loss and title for Products purchased from our Websites pass to you upon delivery of the Products to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments of Product.
Website limitations of use.
Lawful Use Only. You agree to use the Websites for lawful purposes only. You shall be responsible for ensuring that your use of the Websites complies fully with the provisions of the Rules of Use and with all applicable local, state, federal and international laws in regard to the possession, use and sale of any Products purchased from our Websites. By placing an order for Products, you represent that the Products ordered will be used only in a lawful manner.
Advertising and Solicitation. You authorize SeedsofGracesite.com and SeedsofGracesite.org to furnish you with advertising, information, downloads and solicitations when you use our Websites. You acknowledge that any such advertising, information, downloads and solicitations are an inseparable part of our Websites, and you understand and agree that the furnishing of such advertising, information, downloads and solicitations cannot be terminated. Some third parties furnishing you with advertising, information, downloads and solicitations through our Websites may permit you to “opt out” of receiving such communications from them, in which case you can do so by following the instructions they provide. However, we are not responsible for any such party’s failure to comply with its own “opt out” policies, nor do we endorse the views or content of any third-party advertising, information, downloads and solicitations. All such advertising, information, downloads and solicitations will be understood to be requested by you through the act of using our Websites and each time you use the Websites you reaffirm such request.
Bypassing or disabling. If you bypass or disable any portion of the Websites, including, without limitation, the blocking of cookies or if you attempt to circumvent the Websites’ billing system in any way, then we may suspend or terminate your account without notice and may pursue legal action against you to the greatest extent permitted by applicable law.
Accessing the Websites. We do not provide service needed to access the Internet. You are responsible for obtaining and maintaining, at your own expense, all input/output devices or equipment (such as modems, terminal equipment, computer equipment, headset, microphone, speakers, and software) and communications services (including, without limitation, long distance or local telephone services, dial-up or broadband Internet access) necessary to access the Internet and for ensuring such equipment and services are compatible with our requirements. We shall have no liability for your inability to access the Internet or our Websites due to a failure or other fault in such devices, equipment or communications services.
Links to other Websites. The Websites may contain links to other Internet websites that are owned and operated by third parties. In some instances these websites and products or services offered by those websites are co-branded with SeedsofGracesite.com or SeedsofGracesite.org and the third parties are entitled to use our name and logos on these websites. However, we do not control the information, products, or services on such third-party websites. The inclusion of any link does not imply endorsement by us of the site or any association with their operators. Because we have no control over such websites and resources, you agree that SeedsofGracesite.com and SeedsofGracesite.org ared not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites, or for the protection of your privacy data by third parties. Any dealings with or participation in promotions of advertisers on our Websites, including the payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. You further agree that SeedsofGracesite.com and SeedsofGracesite.org shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings or promotions.
Use of the Websites. The design of our Websites and all text, graphics, information, content, and other material displayed on or that can be downloaded from our Websites may be protected by copyright, trademark and other laws and may not be used except as permitted with prior written permission of the owner of such material. You may not modify the information or materials displayed on or that can be downloaded from the Websites in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Links to the Websites. Creating or maintaining any link from another website to any page on the Websites without our prior written permission is prohibited. Running or displaying the Websites or any information or material displayed on the Websites in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Websites must comply will all applicable laws, rule and regulations.
Third-Party links. From time to time, the Websites may contain links to websites that are not owned, operated or controlled by SeedsofGracesite.com or SeedsofGracesite.org. All such links are provided solely as a convenience to you. If you use these links, you will leave the Websites. We are not responsible for any content, materials or other information located on or accessible from any other website. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from the Websites, you do so entirely at your own risk.
Inappropriate material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Websites. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Export Regulations. You agree to comply with all applicable export laws, regulations and restrictions.
Charges and billing.
Registration information. You must register with us using your own name. We reserve the right to verify the accuracy of the information you submit in connection with your registration (including, without limitation, performing cross tabulations with external databases) and you hereby consent to our verification of such information.
Billing information. In exchange for allowing you to use our Websites, you agree to provide us with accurate, current and complete personal and billing information. You further agree to maintain and update this information as required to keep it accurate, current and complete.
Taxes. We may impose and collect all taxes (including, but not limited to, sales, use, value-added, personal property or other government taxes or levies imposed), tax like-charges, tax related surcharges and regulatory fees and surcharges related to the purchase of Products (collectively, “Taxes”) unless otherwise prohibited by law, regulation, rule or order. You are responsible for and agree to pay all such Taxes.
Payment Method. You must provide a valid method of payment (i.e. credit card, checking account, etc.) when purchasing Products. SeedsofGracesite.com or SeedsofGracesite.org may suspend or terminate your use of your account or refuse to ship or deliver ordered Products if you fail to provide a valid designated payment method upon request or if SeedsofGracesite.com or SeedsofGracesite.org are unable for any reason to bill your designated payment method for any ordered Products. You expressly authorize SeedsofGracesite.com or SeedsofGracesite.org (or third parties acting on behalf of us) to charge all payments, fees and charges, including payment transaction fees for certain payment methods, to the payment method you have designated. You acknowledge and agree that we will not be required to obtain any additional authorization from you for any automatic billing options.
Late payments. We will assess a late fee of 1.5% per month (or the highest amount permissible by law, whichever is less) if your payment is more than 30 days past due and we may suspend or terminate any delinquent, unbillable or uncollectible accounts. Our acceptance of late or partial payments shall not waive any of our rights to collect the full amount of your charges due for the purchase of Products. You will be liable for any fees we incur in our efforts to collect any unpaid balances from you.
Billing discrepancies. Any billing problems or discrepancies must be brought to our attention by you within 90 days from the date you are billed for a Product. If you do not bring them to our attention within such time, you agree that you waive your right to dispute such problems or discrepancies with us.
Special offers. Any special offers related to Products sold on our Websites are subject to the particular terms and conditions (including time limitations) of such offers.
Security and privacy.
System and network security. Violations or abuses of the Websites are prohibited, and may subject you to criminal and/or civil liability. We will investigate potential security violations, and may notify applicable law enforcement agencies if violations are suspected. You may not interfere or attempt to interfere with the security of the Websites or its system resources. You may not circumvent or attempt to circumvent the authentication procedures or security of the Service or any host, network, network component, or account to access data, accounts, or systems that you are not expressly permitted to access. You may not use or attempt to use another person’s or entity’s account, service, network, or system without authorization. You may not interfere or attempt to interfere with any other user, host, system, or network on the Internet, unless expressly permitted to do so.
Use of your account. You are responsible for all use of your Website account and for the security of your login identification and your password. You may not transfer or permit any other person to use your SeedsofGracesite.com orSeedsofGracesite.org account information. You agree that, upon becoming aware that your account information is (or possibly is) being used without your authorization, you will immediately change your account information to prevent further unauthorized use and contact us at email@example.com.
YOUR USE OF THE WEBSITES IS AT YOUR RISK. THE INFORMATION, MATERIALS AND PRODUCTS PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. SeedsofGracesite.com and SeedsofGracesite.org do NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR PRODUCTS PROVIDED ON OR THROUGH THE WEBSITES. THE INFORMATION, MATERIALS AND PRODUCTS PROVIDED IN OR THROUGH THE WEBSITES MAY BE OUT OF DATE, AND SeedsofGracesite.com and SeedsofGracesite.org MAKE NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR PRODUCTS. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Third parties may, from time to time, send advertising and promotions to you through our Websites. WE MAKE NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY SUCH advertising or promotions OR ANY GOODS OR SERVICES THAT MAY BE OBTAINED FROM SUCH THIRD PARTIES, AND YOU AGREE THAT WE SHALL HAVE NO LIABILITY WITH RESPECT THERETO.
ALL PRODUCTS PURCHASED ON OR THROUGH THE WEBSITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS, DESIGNS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. NO ORAL ADVICE OR WRITTEN (INCLUDING ELECTRONIC) INFORMATION PROVIDED BY SeedsofGracesite.com and SeedsofGracesite.org, THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, SPONSORS, PARTNERS OR AUTHORIZED USERS WILL CREATE A WARRANTY, NOR SHOULD YOU RELY ON ANY SUCH ADVICE OR INFORMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
Limitations of liability.
SeedsofGracesite.com and SeedsofGracesite.org DO NOT assume any responsibility, Nor will IT be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing thE Websites, or your downloading of any information or materials from thE Websites. IN NO EVENT WILL SEEDSOFGRACE.COM OR SeedsofGracesite.org OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES, ANY WEBSITES LINKED TO THE WEBSITES, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED IN THE WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, IF ANY.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SEEDSOFGRACESITE.COM AND SEEDSOFGRACESITE.ORG AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, MANAGERS, AGENTS, SUCCESSORS OR ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DEMANDS, ACTIONS, ASSESSMENTS, LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND COURT COSTS) (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATING TO YOUR BREACH OF THE RULES OF USE OR YOUR VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR OTHER RIGHTS (BY YOU OR ANY THIRD PARTY), ANY THIRD-PARTY ACCESS THAT IS YOUR FAULT OR RESPONSIBILITY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU. IN THAT EVENT, YOU SHALL HAVE NO FURTHER OBLIGATION TO PROVIDE INDEMNIFICATION IN THAT MATTER.
Termination. You or we may suspend or terminate your account or your use of the Websites at any time, for any reason or for no reason. You are personally liable for any orders for Products placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Websites at any time without notice.
Policy to terminate use of services for copyright infringement. Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), We will terminate your account if you use your account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to us and later confirmation through court order or an admission by you that your account has been an instrument of unlawful infringement, we will terminate your account. We may also, in our sole discretion, decide to terminate your account privileges prior to that time if it has good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. SeedsofGracesite.com and SeedsofGracesite.org respect the intellectual property of others and we ask you to do the same. If you believe that your copyright has been infringed through the use of our Websites, please contact us at firstname.lastname@example.org.
Entire Agreement. These Terms and Conditions (as may be modified or updated from time to time) govern your use of the Websites and constitutes the sole agreement between SeedsofGracesite.com or SeedsofGracesite.org and you respecting the subject matter hereof, and fully supersedes any and all other agreements, either oral or in writing, between us. You acknowledge and agree that you have read these Terms and Conditions and agree to abide by them.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and SeedsofGracesite.com or SeedsofGracesite.org to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Websites will be brought only in the courts of the State of Illinois. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No Waiver. Any failure of SeedsofGracesite.com or SeedsofGracesite.org to enforce any provision of these Terms and Conditions shall not constitute a waiver of any rights under such provision or any other provision of these Terms and Conditions.
Headings. The paragraph headings used in the Terms and Conditions are for convenience only and shall not affect the interpretation of any of the provisions hereof.
Information for California Residents. Under California Civil Code Section 1789.3, Website users that are residents of California are entitled to the following consumer rights information: the Complaint Assistance Unit of the Division of Consumer Services may be contacted in writing at 400 R Street, Suite 1080, Sacramento, CA 95814 or by telephone at (916) 445-1254.
For Quebec Residents Only. C’est á la demande expresse des parties que la présente convention a été rédigée en langue anglaise; the parties to this Agreement have specifically requested that it be drafted in the English language.
Revisions. These Terms and Conditions may be revised at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on particular pages of the Websites.
How to contact us.
If you do not understand any of the Terms and Conditions or if you have any questions or comments, we invite you to contact us at:
Seeds of Grace
P.O. Box 9534
Naperville, IL 60564
Phone: (630) 841-2148 or (630) 842-7120
These Terms and Conditions are effective for all users of Seeds of Grace’s Website on ____________, 2007.
v.1.0 (created September 18, 2007).