Terms of Use
Overview
These Terms of Use (the “Terms”) apply to the accessing and using the website https://scrumptiousorganics.com (the “Website”) which is owned and operated by Mount Boron, a California corporation (referred to hereafter as “us”, “we”, or “our”).
By using this Website, you engage in our services (“Services”) and you accept and you agree to be bound by the Terms including all terms, conditions, notices stated here and/or available by hyperlinks on this site. This includes, but is not limited to, our Privacy Policy.
This Website contains important information regarding your rights and obligations, as well as the conditions, limitations, and exclusions that might apply to you. Please read it carefully. The Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
Please note that you may not use this Website if you do not agree to all of these terms and conditions, if you are not at least the age of majority in your state or province of residence or if you are prohibited from accessing or using the Website or any part of the Website by applicable law.
1. Modifications of Terms of Use
These Terms are subject to change by us at our sole discretion without prior written notice. The current version of these Terms will be posted on the Website and all changes become effective immediately upon posting. It is your responsibility to review the Terms periodically on the Website.
By entering data in the contact form, you represent and warrant that the information you supply to us is true, correct, and complete. How we gather, protect, use and store of entered data is described in our Privacy Policy. All communications and any and all data entered on the Website must be accepted by us, subject to our sole discretion. We reserve the right to refuse service to anyone for any reason at any time.
2. Warranty disclaimer
We are not responsible if any information on the Website is not complete, accurate or current. Information and data presented here should not be relied upon as a sole basis of decision making without consulting more complete or accurate sources. We make no other warranties, expressed, implied, or statutory, including without limitation, warranties of the qualities of products. Neither any performance or other conduct, nor any oral or written information, statement or advice provided by us or any of our distributors, agents, or employees will create a warranty. Accordingly, you agree and acknowledge that you are accepting our Services on an “as is” and “as available” basis.
3. Compliance with law
You agree that your use of our products and services will comply with all applicable federal, state, and local laws and regulations, including but not limited to all copyright laws and laws and/or regulations governing the transportation, sale and/or exportation of any products purchased from us including the payment of any taxes and/or duties due thereon.
4. Intellectual property
You acknowledge and agree that you do not and will not have or acquire any ownership, license, right or interest in any intellectual property rights to the products or services made available through the Website or of any intellectual property rights relating to those products or services made available on the Website and any related specifications, instructions, documentation or other materials made available on the Website. You expressly agree not to copy, alter or reverse-engineer any products or services on the Website nor cause, induce or permit others to do so.
5. Limited Liability
We do not guarantee, represent or warrant that the results that may be obtained from the Website is accurate, error-free or reliable or that your use of the Website will uninterrupted, timely or secure. You agree that your access and use of the Website is at your sole risk.
In no case will Mount Boron, our directors, officers, employees, affiliates or agents be liable for any loss, injury, claim or any direct, indirect incidental, punitive, special or consequential damages of any kind arising from your use of the Website. Because some jurisdictions do not allow exclusions or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
6. Indemnification
You agree to indemnify, protect, defend, and hold harmless Mount Boron, our affiliates, subsidiaries, associates, directors, officers, employees, agents, successors and assigns, from any claim or demand and from any and all losses or damages (including without limitation attorneys’ fees), claims, allegations, lawsuits, actions, proceedings or investigations, which are made or brought against Mount Boron (or other person indemnified hereunder) by any person, government, or entity arising out of or in any way related to any purported death or injury to any person or purported damage to any property that resulted or is alleged to have resulted from a breach of these Terms by you, your employees, subcontractors, and agents, in the performance of your obligations hereunder, or from your use of the products sold hereunder or the documents they incorporate by reference.
7. Dispute Resolution
You and Mount Boron agree to give up any rights to litigate claims in a court or before a jury, or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court may also be unavailable or may be limited in arbitration. Any claim, dispute or controversy between you and us arising from or relating in any way to your use of the Website, will be resolved exclusively and finally by binding arbitration. The arbitration will be administered by the American Arbitration Association in accordance with the applicable consumer or commercial arbitration rules then in effect, except as modified by this section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
You agree to an arbitration on an individual basis. Neither you nor Mount Boron shall be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that if any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
8. Privacy
We value your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use of the Website.
9. Governing law and jurisdiction
All matters arising out of or relating to these Terms are governed by the laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
10. Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this section 10 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
11. No waivers
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Mount Boron. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
12. Notices
We may provide any notice to you under these Terms by sending a message to the email address you provide or by posting information on the Website. Notices sent by email will be effective when we send the email. Notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
13. Severability
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
14. Entire agreement
These Terms will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. These contain the entire understanding between you and us with respect to the subject matter hereof, and supersede all prior and contemporaneous agreements and understanding, inducements or conditions, express or implied, oral or written, among you and us with respect to your access and use of this Website.
If you have questions or suggestions related to these Terms, please contact us at contact@scrumptiousorganics.com.