Welcome to www.skipwithorganics.com (the “Site”), an online website operated by Skipwith Organics LLC, a Delaware limited liability company (“We”, “Our”, or “Us”). The Site enables visitors (“Users”) who are at least eighteen (18) years of age to make purchases, access general information and to make use of services and participate in programs promoting the Skipwith Organics philosophy and practice, including but not limited to email services, bulletin and message boards, chat areas, news groups, forums, communities, calendars, and various other message communication applications and products and services, including but not limited to PDFs, audio materials, visual materials, online courses, training programs, supplements, and foods.
These Terms & Conditions of Use (the “Agreement”) set forth the terms and conditions which govern Your use of the Site and apply to information We collect on this Site, through electronic mail (“e-mail”), text and other electronic messages between You and this Site, through mobile and desktop applications You download from this Site, and when You interact with our advertising and applications on third-party websites and services.
Please read this Agreement carefully before accessing the Site. By accessing the Site, Users agree to be bound by the terms and conditions set forth in this Agreement. If Users do not wish to be bound by this Agreement and Our Privacy Policies, they are not authorized to use this Site. This Site is offered and available to Users who are eighteen (18) years of age or older. By using this Site, You represent and warrant that You meet all of the foregoing eligibility requirements. If You do not, You must not access or use the Site.
Skipwith Organics LLC reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all access to and use of the Site thereafter. You agree to review the Agreement periodically to be aware of such modifications and Your continued use of the Site shall be deemed to be Your conclusive acceptance of any modified Agreement. We reserve the right to withdraw or amend this Site and any service or material We provide, in Our sole discretion without notice. From time to time We may restrict access to some parts or all of the Site to Users, including Registrants.
You acknowledge and agree that You will consult with Your physician if You have any questions or wish to seek advice regarding a medical condition, Your diet, nutritional supplements, an exercise regimen, or any other matter related to Your health or general well-being. Skipwith Organics LLC cannot and does not assess, verify or guarantee the adequacy, accuracy, or completeness of any material or the suitability or safety of any Content or products provided on this Site. Skipwith Organics LLC expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, statement, or other information posted on the Site by Users. You bear sole responsibility for Your own health and diet research and decisions.
THIS SITE DOES NOT PROVIDE ANY MEDICAL ADVICE
1.1 Capacity. Each User who wishes to make use of certain features offered through the Site, as described herein, must register with the Site (each a “Registrant”, collectively the “Registrants”) (Registrants, along with the Users “You” or “Your”). By checking the box “Accept” next to the text of the “Terms and Conditions of Use”, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with, and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to check the “Accept” box will prevent an individual from becoming a Registrant.
1.2 Accurate Information. Registrants agree to provide Us with accurate, complete, and current information during registration, and to update the information provided to Us if and when such information should change.
1.4 Revocation of Registration. Registrant agrees that Skipwith Organics LLC has the right to cancel their registration for any reason at any time, in Our sole discretion. The revocation of a Registrant’s registration shall result in the disabling of any user name, password, or other identifiers if, in Our opinion, You have violated any provision of this Agreement. The loss of access to portions of the Site accessible by Registrants, and Registrants agree that Skipwith Organics LLC shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect Our interests.
1.5 Charges. While the use of the Site is currently free of charge, You acknowledge that We may, in Our sole discretion, decide at any time to charge for such access and services.
- MEDICAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT THE SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, DATA, IMAGES, GRAPHICS, PHOTOGRAPHS, AUDIO, VIDEO, SOFTWARE, INFORMATION, PROGRAMS, TELESEMINARS, ARTICLES, COMMENTS, STORIES, MESSAGES, POSTINGS, INFORMATION, SKIPWITH ORGANICS LLC MATERIALS (AS HEREINAFTER DEFINED), REGISTRANT CONTENT (AS HEREINAFTER DEFINED) AND ALL OTHER CONTENT (COLLECTIVELY, “CONTENT”) PROVIDED IN CONNECTION WITH THE SITE BY SKIPWITH ORGANICS LLC OR THIRD PARTIES ON BEHALF OF SKIPWITH ORGANICS LLC, AND ALL REGISTRANT CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO CONSTITUTE OR SUBSTITUTE FOR (I) MEDICAL ADVICE OR COUNSELING, (II) THE PRACTICE OF MEDICINE INCLUDING BUT NOT LIMITED TO PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, (III) THE PROVISION OF HEALTH CARE DIAGNOSIS OR TREATMENT, OR (IV) THE CREATION OF A PHYSICIAN-PATIENT OR CLINICAL RELATIONSHIP BYSKIPWITH ORGANICS LLC OR ANY OF SKIPWITH ORGANICS LLC’ AGENTS, AFFILIATES, EMPLOYEES, CONSULTANTS OR SERVICE PROVIDERS (COLLECTIVELY, WITH SKIPWITH ORGANICS LLC, THE “SKIPWITH ORGANICS LLC PARTIES”). YOU ACKNOWLEDGE AND AGREE THAT CONTENT SHOULD BE USED ONLY IN CONJUNCTION WITH THE GUIDANCE AND CARE OF YOUR PHYSICIAN. IF YOU HAVE ANY QUESTIONS OR WISH TO SEEK ADVICE REGARDING A MEDICAL CONDITION, YOUR DIET, NUTRITIONAL SUPPLEMENTS, AN EXERCISE REGIMEN OR ANY OTHER MATTER RELATED TO YOUR HEALTH OR GENERAL WELL-BEING, YOU AGREE THAT YOU WILL CONSULT WITH YOUR PHYSICIAN BEFORE UTILIZING ANY CONTENT APPEARING ON THE SITE.
2.1 Registrant Content. Skipwith Organics LLC offers Registrants the opportunity to participate in various interactive resources, including message boards, blogs, and chat rooms. Skipwith Organics LLC also provides Registrants with the opportunity to publish, display, or otherwise transmit directly or indirectly (“Post”) certain text to the Site (“Registrant Content”).
2.2 Posting. In connection with any and all Registrant Content, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content and that all Registrant Content does and will comply with this Agreement. By Posting Registrant Content to the Site, Registrant also warrants and represents that such Registrant Content does not and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous. Registrant agrees not to Post any Registrant Content that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
(e) is patently offensive to the Site community, such as any Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
(f) constitutes or attempts to offer medical advice or counseling;
(g) harasses or harms, or advocates the harassment or harming of another person;
(h) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”;
(i) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) displays pornographic, obscene, or sexually explicit material of any kind;
(l) provides material that exploits people in a sexual or violent manner, is exploitative of a minor, or solicits personal information from anyone under the age of 18;
(m) provides instructional information about illegal activities;
(n) solicits passwords or PII for commercial or unlawful purposes from other Registrants or PII from Users;
(o) causes Us to lose (in whole or part) the services of Our ISPs or other suppliers;
(p) links to materials or other Content, directly or indirectly, to which such Registrant does not have a right to link;
(q) encourages others to violate this Agreement; or
(r) violates any applicable local, state, national, or international law.
All of the foregoing (a)-(r) shall be collectively known as “Content Restrictions”.
2.3 Quality of Registrant Content; Review of Registrant Content; DISCLAIMER.
(a) Skipwith Organics LLC has no obligation to and does not, in its ordinary course of business, review Registrant Content, and therefore We assume no liability for and do not guarantee the accuracy, integrity or quality of such Registrant Content and We cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Registrant Content will not appear on the Site. Skipwith Organics LLC has the absolute right to monitor all Registrant Content in Our sole discretion. In addition, We reserve the right to alter, edit, refuse to Post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials, Your identity, and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Our Registrants, Users, and service providers. Skipwith Organics LLC has no obligation to use or respond to any of the submissions of Registrant Content. In the event that You object to any Content appearing on the Site, You shall notify Skipwith Organics LLC in writing.
(b) SKIPWITH ORGANICS LLC EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND ENDORSEMENT AND MAKES NO REPRESENTATION AS TO THE VALIDITY OF ANY REGISTRANT CONTENT POSTED ON THE SITE. SKIPWITH ORGANICS LLC EXPRESSLY DISCLAIMS ALL RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN ANY REGISTRANT CONTENT, FOR LINKS EMBEDDED THEREIN, OR GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY REGISTRANT CONTENT. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SKIPWITH ORGANICS LLC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH REGISTRANT CONTENT. THE OPINIONS EXPRESSED BY REGISTRANT CONTENT ARE SOLELY THE OPINIONS OF THE REGISTRANTS WHO HAVE POSTED SUCH CONTENT, AND DO NOT REFLECT THE OPINIONS OF SKIPWITH ORGANICS LLC. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES LICENSES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
2.4 Public Content. Any Registrant Content shall be considered non-confidential and non-proprietary. No Registrant Content posted via message boards, chat rooms, or other public forums shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on Skipwith Organics LLC’s part and Skipwith Organics LLC shall not be liable for any use or disclosure of any such Registrant Content.
2.5 Usage Limitations. Registrant Content may be subject to size and usage limitations. Registrants are responsible for adhering to such limitations.
3.1 Purchases. Products and/or services are offered for sale through the Site. In the event You wish to purchase any of these products or services, You will be asked by Skipwith Organics LLC or an authorized third party on Skipwith Organics LLC’ behalf to supply certain personally identifiable information (“PII”), including without limitation, Your full name, address, telephone number, and credit card information. You agree to provide Skipwith Organics LLC or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any agreement that You may enter into which governs Your purchase of such product or service. You shall be responsible for all charges incurred through Your account as well as any shipping and applicable taxes.
3.2 Payment. Your right to use any service or product that is available for purchase through the Site is conditional on Our receipt of payment for such service or product. If payment cannot be charged to Your credit card or if a charge is refunded for any reason, including chargeback, We reserve the right to either suspend or terminate Your account, thereby terminating this Agreement and all obligations hereunder.
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof) are owned by Skipwith Organics LLC and Skipwith Organics, its licensors or other providers of such material and are protected by Us and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
4.1 Copyright. Except for Registrant Content, any content contained in the Site and any newsletters or other materials created and distributed through the Site by Skipwith Organics LLC (“Skipwith Organics LLC Materials”), its licensors or suppliers are the property of Skipwith Organics LLC or its licensors or suppliers, as applicable, and are protected under the copyright laws of the United States and other countries. You must abide by all copyright notices or restrictions contained on the Site. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for Your personal, non-commercial use.
4.2 Skipwith Organics LLC Materials. Subject to the limited license set forth in Section 6.3 hereof, You will have the opportunity to download and use certain Skipwith Organics LLC Materials. You acknowledge and agree that You shall not infringe or otherwise violate the copyright or other proprietary rights of any Skipwith Organics LLC Materials.
4.3 Integrity of Registrant Content. In connection with any and all Registrant Content, Registrant warrants and represents that (i) such Registrant either owns all rights title and interest in and to such Registrant Content, or, alternatively, (ii) such Registrant has obtained prior written authorization from the owner(s) of all rights title and interest in and to such Registrant Content. By Posting Registrant Content to the Site, Registrant also warrants and represents that such Registrant Content does and will not infringe or violate any party’s proprietary, publicity, privacy, or other rights and that such Registrant Content is and will not be defamatory or libelous.
4.4 Trademarks. For the purpose of trademark management, Skipwith Organics defines ‘Skipwith Organics Products’ (Product) as the sum of the following three parts:
- Physical Skipwith Organics Products (unaltered bags, wrappers, boxes, canisters, or bottles containing Product)
- All marketing materials prescribed for distribution with said Product
- Warranties and protections offered purchasers when purchasing Products from Skipwith Organics, or from participants in Skipwith Organics’s Authorized Affiliate Program.
Products not containing the sum of its parts (products purchased from unauthorized Affiliates, who by definition, operate with no warranty protections that Skipwith Organics is contractually bound to honor for example) are defined by Skipwith Organics policy as ‘materially different’ from Skipwith Organics products sold to end-users (customers) by Skipwith Organics or participants in Skipwith Organics’s Authorized Affiliate Program, and thus are not authorized for reselling. Products not purchased from this website, a partnering Skipwith Organics owned website or participants of Skipwith Organics’s Authorized Affiliate Program are absent Product part 3 as defined above, and are thus not suited for reselling, lest an incomplete and thus materially different product be sold in violation of Skipwith Organics’s trademark. Warranties and protections offered by purchasers when purchasing Products from Skipwith Organics, or from participants in Skipwith Organics’s Authorized Affiliate Program cannot be sold or purchased, and are held exclusively by Skipwith Organics, or conferred contractually to participants in Skipwith Organics’s Authorized Affiliate Program. As all commercially available parts of Skipwith Organics Products as defined above cannot be purchased from Skipwith Organics, or a participant in Skipwith Organics’s Authorized Affiliate Program, or acquired through any means other than contractual agreement with Skipwith Organics as part of the Authorized Affiliate Program; You acknowledge not to resell Skipwith Organics products purchased absent an Authorized Affiliate Agreement, lest You violate Skipwith Organics’s trademark for the sale and distribution of Skipwith Organics Products containing ‘material differences’ from Products sold using Skipwith Organics’s authorized channels of distribution. By acknowledging and agreeing to these terms, you further acknowledge any unauthorized resell as described above to be in violation of U.S.Trademark law, as an excepted party to the First Sale Doctrine, due to the sale or distribution of Skipwith Organics Products, which exhibit a ‘material difference’ (id est. no consumer protection or warranties that Skipwith Organics is bound by the FTC or contractually to honor) from products offered by Skipwith Organics, Skipwith Organics affiliated websites or participants in Skipwith Organics’s Authorized Affiliate Program.
4.5 Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of Skipwith Organics LLC or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, re-publish, distribute, modify or Post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Site, without Our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Skipwith Organics LLC, its licensors or suppliers.
4.6 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. It is Our policy to terminate the accounts of repeat infringers. If You believe that Your Registrant Content has been copied and posted on the Site in a way that constitutes copyright infringement, please provide Our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that You claim has been infringed; a description of where the material that You claim is infringing is located on the Site; Your address, telephone number, and e-mail address; a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Skipwith Organics LLC actual knowledge of facts or circumstances from which infringing material or acts are evident. Skipwith Organics LLC’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Please send an e-mail to email@example.com. We suggest that You consult Your legal advisor before filing a notice with Skipwith Organics LLC’s copyright agent. Be advised that pursuant to this Agreement You are granting certain licenses to use Your Registrant Content. You should note that there can be penalties for false claims under the DMCA.
5.1 Use. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Site, except that You may download Content from the Site as machine-readable copies and/or print copies of any web page, provided that such copies will be used for Your own personal (non-commercial) use and not for the purposes of competing in any manner with the Site or Skipwith Organics LLC. If Your rights to use the Site ceases for any reason, You must, at Our option, return or destroy any copies of the Content You may have made.
5.2 Grant of License to Registrant Content. By Posting Registrant Content to the Site or by otherwise submitting Registrant Content to Us, Registrants automatically grant, and represent and warrant that they have the right to grant to Skipwith Organics LLC, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Registrant Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Registrant Content (in whole or in part) and/or to incorporate such Registrant Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Registrant Content for any purpose, including for purposes of advertising and publicity on the Site and elsewhere. Skipwith Organics LLC shall not be limited in any way in its use, commercial or otherwise, of any Registrant Content appearing on the Site. Registrants hereby waive any moral rights in, or approval rights to, such Registrant Content. Further, We have the explicit right to incorporate any Registrant Content into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.
5.3 Grant of License to Skipwith Organics LLC Materials. As part of Your use of the Site, Skipwith Organics LLC grants to You a revocable, non-exclusive, non-transferable and limited license, without the right to sublicense, for the sole purpose of downloading and viewing Skipwith Organics LLC Materials on Your personal computer for Your own personal, non-commercial use only. The grant of this limited license is in no way intended, and shall not be interpreted, to grant to You any rights or license permitting You (i) to translate, alter, copy, revise, modify, change, or create derivative works based on Skipwith Organics LLC Materials in whole or in part; (ii) to publish, display, distribute, sell, rent or otherwise make Skipwith Organics LLC Materials, in whole or in part, available to any third party; or (iii) to print or otherwise reproduce Skipwith Organics LLC Materials, in whole or in part. Subject to the limited license granted in this Section 6.3, Skipwith Organics LLC retains any and all rights that now or hereafter exist with respect to Skipwith Organics LLC Materials. Skipwith Organics reserves the right to revoke the display, sale or otherwise use of Skipwith Organics or Skipwith Organics LLC licensed materials upon request for any reason.
6.1 Skipwith Organics LLC and/or third parties may provide links to other websites of possible interest to you. Because We have no control over such websites, You acknowledge and agree that We are not responsible for the availability of such websites, We do not sponsor or endorse such websites, and We are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites and Your access and use such websites at Your own risk. You also acknowledge and agree that Skipwith Organics LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
You may include on Your website a link to a Site, provided that Your website does not violate any Content Restrictions. Further, Your link, nor any other content on Your website, shall not mislead or suggest that Your website is sponsored by or affiliated with the Site. Skipwith Organics LLC reserves the right to revoke, at any time, this limited authorization to link to the Site.
DISCLAIMER OF WARRANTIES.
7.1 REGISTRANTS AND USERS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE SITE IS AT THEIR SOLE RISK. SKIPWITH ORGANICS LLC EXPRESSLY DISCLAIMS AND HAS NO RESPONSIBILITY FOR HOW YOU USE THE INFORMATION PROVIDED THROUGH THE SITE, AND MAKES NO PROMISES, GUARANTEES, PREDICTIONS OF SUCCESS OR ANY CLAIMS TO SPECIAL EXPERIENCE, INSIGHT, OR EXPERTISE IN PROVIDING THE SITE. NO INFORMATION OBTAINED FROM SKIPWITH ORGANICS LLC, WHETHER PROVIDED ORALLY OR IN WRITING, SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY. SKIPWITH ORGANICS LLC SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF USING THE SITE. SPECIFICALLY, SKIPWITH ORGANICS LLC DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SITE.
7.2 You understand that we cannot and do not guarantee or warrant that filed available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF THE CONTROL OF SKIPWITH ORGANICS LLC. SKIPWITH ORGANICS LLC MAKES NO GUARANTY OF CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
7.3 PRODUCTS PURCHASED FROM WEB STOREFRONTS NOT OWNED BY SKIPWITH ORGANICS, OR OUTSIDE OF SKIPWITH ORGANICS’S AUTHORIZED AFFILIATE PROGRAM ARE NOT PROTECTED BY SKIPWITH ORGANICS WARRANTIES, AND ARE CLASSIFIED BY SKIPWITH ORGANICS AS MATERIALLY DIFFERENT THAN PRODUCTS PURCHASED FROM SKIPWITH ORGANICS, SKIPWITH ORGANICS OWNED WEB STOREFRONTS, AND SKIPWITH ORGANICS AUTHORIZED AFFILIATES.
LIMITATION OF LIABILITY.
8.1 IN NO EVENT SHALL SKIPWITH ORGANICS LLC, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY GOODS AND/OR SERVICES ACQUIRED THROUGH THE SITE, WHETHER OR NOT SKIPWITH ORGANICS LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF SKIPWITH ORGANICS LLC TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE VALUE PAID BY YOU FOR THE GOODS AND/OR SERVICES WHICH GIVE RISE TO YOUR CLAIM, OR (B) $100.
8.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 8 OR 9 HEREOF MAY NOT APPLY TO YOU.
- Indemnity. You shall indemnify and hold harmless Skipwith Organics LLC, its affiliates or their licensors, service providers, employees, agents, officers or directors from and against any and all claims, damages, liabilities, injuries, losses or expenses, including attorneys’ fees and expenses of counsel and the collection thereof, that may be incurred by or asserted or awarded against Skipwith Organics LLC, arising out of or in connection with or by reason of, or in connection with the preparation for a defense of, any investigation, litigation or proceeding arising out of, related to or in connection with, any use or misuse of Registrant Content Posted to or transmitted through Our Site, Your use of Our Site, Your connection to Our Site, Your breach of this Agreement, or Your violation of any law or the rights of a third party.
- Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between You and such third party. You agree that Skipwith Organics LLC shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
- No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between You and Skipwith Organics LLC by this Agreement.
- Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and You hereby submit to exclusive jurisdiction in the federal and state courts of Delaware although We retain the right to bring any suit, action or proceeding against You for breach of this Agreement in Your county of residence or any other relevant county. You agree to receive service of process through certified mail or by other means sanctioned by law, and You expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF OUR SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
- Class Action Waiver and Arbitration. THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THIS AGREEMENT MUST BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST SKIPWITH ORGANICSs LLC WITH RESPECT TO ANY THIRD PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD PARTY SERVICE JOINS SKIPWITH ORGANICS LLC IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST SKIPWITH ORGANICS LLC. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND SKIPWITH ORGANICS LLC MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.
8.5 The party filing a claim in arbitration must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute, both of which are independent from Us. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein. Arbitration hearings will be held at a place chosen by the arbitrator or arbitration administrator within the federal judicial district in which You reside at the time the claim is filed or at some other place as agreed by the parties in writing. Copies of the current rules of the arbitration administrators named above, and well as information about arbitration and arbitration fees, and instructions for initiating arbitration may be obtained by using the following contact information:
American Arbitration Association
1633 Broadway, 10th Floor, New York, NY 10019
1920 Main Street, Suite 300, Irvine, CA 92614
9.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Skipwith Organics LLC, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such Section. Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between Us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
9.3 Disclaimer. Skipwith Organics LLC is a provider of online information relating to health, nutrition, diet and vitality. Skipwith Organics LLC is not a healthcare practitioner or provider. This Site is provided for general informational purposes only and is not intended to constitute or substitute for (i) medical advice or counseling, (ii) the practice of medicine including but not limited to psychiatry, psychology, psychotherapy or the provision of health care diagnosis or treatment, (iii) the creation of a physician-patient or clinical relationship, or (iv) an endorsement, a recommendation or a sponsorship of any third party, product or service by Skipwith Organics LLC or any of its Skipwith Organics LLC affiliates, agents, employees, consultants or service providers. If You have or suspect that You have a medical problem, contact Your health care provider promptly.
9.4 Electronic Communications. By becoming a Registrant or by sending e-mails to Us, You are communicating with Us electronically. We will communicate with You by e-mail or by posting notices on this Site. You consent to receive communications from Us electronically. Further, You agree that all communications including but not limited to agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
9.5 Resale. No products purchased from this Site shall be resold without written permission from Skipwith Organics LLC.