TERMS AND CONDITIONS OF SERVICE
Welcome to the DANDKORGANICS.COM websites! Below are the Terms and Conditions of Service. Our lawyers made us post them on the websites. We don’t like them any more than you do. But please read these Terms and Conditions of Service very carefully because by using our sites you are agreeing to abide by these terms.
The services provided to you by dandkorganics.com, Tao Spa Solutions, LLC (“taospasolutions.com”) are conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”) so PLEASE READ THESE TERMS CAREFULLY. These terms, as modified or amended from time to time, are a binding contract between DANDKORGANICS.COM and you ("you and/or your”). If you visit, use, or shop at the websites operated by TAOSPASOLUTIONS.COM (including dandkorganics.com, dkcottonorganics.com, and any future site operated by TAOSPASOLUTIONS.COM, herein collectively referred to as the “Sites”), YOU ARE AGREEING TO ABIDE BY THESE TERMS.
Unless otherwise agreed in writing, your agreement with DANDKORGANICS.COM will always include, at a minimum, the Terms set forth herein. DANDKORGANICS.COM may revise, add or remove any or all parts of these Terms at any time, at our sole discretion, without notice by posting such revised or updated Terms to its Sites. Any changes to these Terms will become effective at the time such new Terms are posted by DANDKORGANICS.COM. You are responsible for regularly reviewing these Terms for any changes. Your continued usage of any of the Sites is your acknowledgement that you accept the Terms as they stand when you use the Sites. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Sites (or any part thereof) without notice.
2. MINIMUM AGE REQUIREMENT
The Sites are intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Sites, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Sites only with the permission and involvement of a parent or guardian.
3. PRIVACY NOTICE
Our Privacy Notice is incorporated into these Terms. The link to our Privacy Notice can be found on the Sites. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any content or activities relating to the Sites. You acknowledge that
DANDKORGANICS.COM may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of DANDKORGANICS.COM, Site users, and the public.
4. PRODUCT SPECIFICATIONS, AVAILABILITY AND PRICING; TYPOGRAPHICAL ERRORS
We are not infallible, and therefore we do not warrant that product specifications, availability pricing, or other content on the Sites is complete, accurate, or error-free. In the event of any errors relating to the pricing, availability or specifications of any product, DANDKORGANICS.COM shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge.
5. CUSTOMER SERVICE
You may contact DANDKORGANICS.COM customer service by sending an email to Julie@taospasolutions.com. You acknowledge that the provision of customer service is at DANDKORGANICS.COM’s sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion.
6. SELLER; RISK OF LOSS
DANDKORGANICS.COM is the seller for all items on the Sites. All items purchased from any of the Sites are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
7. ELECTRONIC COMMUNICATIONS
You agree to electronic communication for all of your transactions and communication with DANDKORGANICS.COM and the Sites. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
8. NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, DANDKORGANICS.COM will give you any notices by posting them on the Sites, and you agree that such posting will constitute effective notice. You authorize DANDKORGANICS.COM to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if DANDKORGANICS.COM decides, in its sole discretion, to do so. You agree to keep your
address current and that notice provided by DANDKORGANICS.COM to the address that you have most recently provided will constitute effective notice. DANDKORGANICS.COM’s address for Legal Notices is:
5979 Fairview Drive
Park City, UT 84098
DANDKORGANICS.COM respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact DANDKORGANICS.COM at the above address.
9. PROHIBITED CONDUCT
You agree not to post to the Sites any content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Sites; (b) tamper with postings, registration information, profiles, submissions or content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Sites or extract data or gather or use information, such as email addresses, available from the Sites or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Sites, or link to the Sites, or otherwise make it look like you have a relationship to us or that we have endorsed you or your content for any purpose except as expressly permitted in writing by DANDKORGANICS.COM; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law); (g) take any action which might impose a significant
burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Sites (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Sites or any recipient.
10. MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT DANDKORGANICS.COM DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THE SITES IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any content at any time. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of DANDKORGANICS.COM. DANDKORGANICS.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Sites by anyone other than authorized DANDKORGANICS.COM employees acting in their official capacities.
11. PROTECTION OF SITE CONTENT
Our Sites are protected by U.S. and international intellectual property laws, which you agree to respect. All content on the Sites, including but not limited to text, logos, icons, images, graphics, audio clips, compilations, and downloads, as well as the collection, arrangement, and assembly of such content, is the exclusive property of DANDKORGANICS.COM or its content suppliers. All software used on the Sites is the property of DANDKORGANICS.COM or its software suppliers.
12. TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Sites, and/or your account, or suspend or block your access to the Sites. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Sites after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Sites. DANDKORGANICS.COM may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such content according to the terms contained in Section 1 with respect to removal or modification of content previously posted on the Sites.
The provisions entitled “Indemnification,” “Disclaimer of Warranties,” “Exclusion of Damages; Limitation of Liability,” and “Additional Terms” and the Privacy Notice will survive termination of these Terms.
13. DEALINGS WITH MERCHANTS; LINKS
The Sites contain advertisements, offers, or other links to other websites and resources of third parties that we do not control. That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that DANDKORGANICS.COM is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Sites does not imply that we endorse the linked site. You use the links at your own risk. D&K ORGANIC's Privacy Notice is applicable only when you are on our Sites.
Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Sites or which provide links on the Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such merchant or advertiser. You waive any claim against DANDKORGANICS.COM and agree to hold DANDKORGANICS.COM harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Sites.
15. DISCLAIMER OF WARRANTIES
THE SITES MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM DANDKORGANICS.COM, ITS USERS AND OTHER CONTENT AND
INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITES AND CONTENT AT YOUR OWN RISK. THE SITES ARE PROVIDED BY DANDKORGANICS.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANDKORGANICS.COM MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITES. DANDKORGANICS.COM MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DANDKORGANICS.COM EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DANDKORGANICS.COM AND/OR THE SITES OR THE EMPLOYEES OR AFFILIATES OF DANDKORGANICS.COM SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF DANDKORGANICS.COM.
16. EXCLUSION OF DAMAGES; LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER DANDKORGANICS.COM, NOR ITS SUBSIDIARIES, OWNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF DANDKORGANICS.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO DANDKORGANICS.COM.
17. MISCELLANEOUS TERMS
a. Force Majeure. DANDKORGANICS.COM is not and shall not be responsible or liable for any failure to perform due to unforeseen circumstances or to causes beyond DANDKORGANICS.COM’s reasonable control, including but not limited to: (1) acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; (2) war, riot, arson, embargoes, acts of civil or military authority, or terrorism; (3) fiber cuts; (4) strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; (5) failure of the telecommunications or information services infrastructure; and (6) hacking, SPAM, or any failure of a computer, server or software.
b. No Assignment. Neither these Terms nor any rights granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you. DANDKORGANICS.COM shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
c. Severability. If any provision of these Terms shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.
d. No Waiver. Failure by either party to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.
e. Headings. Section and subsection headings of these Terms are inserted for convenience only and shall not be deemed to constitute a part hereof nor to affect the meaning thereof.
f. Entire Agreement. These Terms contain the entire understanding and agreement between DANDKORGANICS.COM and you, supersedes all prior written or oral understandings or agreements, and may not be altered, modified, or waived except in a signed writing. You acknowledge, represent and warrant that you have read these Terms and agree to be bound by them as part of and in consideration of using the Sites.
g. Disputes; Choice of Law; Export Limitations. The Sites are controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Sites in violation of U.S. export laws and regulations or the Terms. By visiting the Sites, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Sites will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Utah, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. Any dispute or claim relating in any way to your visit to the Sites or to products or services sold or distributed by DANDKORGANICS.COM or through the Sites will be resolved
by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
h. Choice of Venue. These Terms shall be governed in accordance with the laws of the State of Utah. You irrevocably consent to the exclusive jurisdiction of any state or federal court sitting in Salt Lake County, Utah, in any action arising out of or relating to these Terms and agree that all claims in respect of the action may be heard and determined in any such court. The aforementioned choice of venue is mandatory and not permissive in nature, thereby precluding the possibility of litigation with respect to or arising out of these Terms in any jurisdiction other than that specified in this section.
i. Limitations on Actions. Any action concerning any dispute you may have with respect to the Sites must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
j. Attorneys’ Fees. In any litigation, arbitration, or other proceeding which relates to these Terms, or by which either you or DANDKORGANICS.COM seeks to enforce its rights under these Terms (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under these Terms, the prevailing party shall be awarded its reasonable attorneys’ fees, costs and expenses incurred.
NOTICE OF AVAILABILITY OF FILTERING SOFTWARE
You are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at http://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
NOTICE RE TRADEMARKS
The trademark “DANDKORGANICS.COM NETWORK” and all other trademarks used in the Sites are owned or used under license by DANDKORGANICS.COM and its affiliated organizations. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Sites or in any Site content. All rights are reserved.
NOTICE RE COPYRIGHT OWNERSHIP:© DANDKORGANICS.COM NETWORK, LLC. All rights reserved.
All content on the Sites is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly
in the Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.
NOTICE: NO HARVESTING OR DICTIONARY ATTACKS ALLOWED
DANDKORGANICS.COM WILL NOT GIVE, SELL, OR OTHERWISE TRANSFER ADDRESSES MAINTAINED BY DANDKORGANICS.COM TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING, OR ENABLING OTHERS TO INITIATE, ELECTRONIC MAIL MESSAGES EXCEPT AS AUTHORIZED BY APPROPRIATE DANDKORGANICS.COM PERSONNEL OR POLICIES. EXCEPT FOR PARTIES AUTHORIZED TO HAVE ADDRESSES MAINTAINED BY D&K ORGANICS, PERSONS MAY VIOLATE FEDERAL LAW IF THEY: (1) INITIATE THE TRANSMISSION TO DANDKORGANICS.COM COMPUTERS OR DEVICES OF A COMMERCIAL ELECTRONIC MAIL MESSAGE (AS DEFINED IN THE U.S. "CAN-SPAM ACT OF 2003") THAT DOES NOT MEET THE MESSAGE TRANSMISSION REQUIREMENTS OF THAT ACT; OR (2) ASSIST IN THE ORIGINATION OF SUCH MESSAGES THROUGH THE PROVISION OR SELECTION OF ADDRESSES TO WHICH THE MESSAGES WILL BE TRANSMITTED.