Terms of Service

OVERVIEW

This website is operated by Organic Modernism. Throughout the
site, the terms “we”, “us” and “our” refer to Organic Modernism.
Organic Modernism offers this website, including all information,
tools and services available from this site to you, the user,
conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.


By visiting our site and/ or purchasing something from us, you
engage in our “Service” and agree to be bound by the following
terms and conditions (“Terms of Service”, “Terms”), including
those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply
to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors
of content.


Please read these Terms of Service carefully before accessing
or using our website. By accessing or using any part of the site,
you agree to be bound by these Terms of Service. If you do not
agree to all the terms and conditions of this agreement, then you
may not access the website or use any services. If these Terms
of Service are considered an offer, acceptance is expressly limited
to these Terms of Service.


Any new features or tools which are added to the current store
shall also be subject to the Terms of Service. You can review the
most current version of the Terms of Service at any time on this
page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to
our website. It is your responsibility to check this page periodically
for changes. Your continued use of or access to the website following
the posting of any changes constitutes acceptance of those changes.


Our store is hosted on Shopify Inc. They provide us with the online
e-commerce platform that allows us to sell our products and
services to you.



SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at
least the age of majority in your state or province of residence, or that
you are the age of majority in your state or province of residence and
you have given us your consent to allow any of your minor dependents
to use this site.

You may not use our products for any illegal or unauthorized
purpose nor may you, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a
destructive nature. 
A breach or violation of any of the Terms will
result in an immediate termination of your Services.



SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason
at any time. 
You understand that your content (not including credit
card information), may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the
Service or any contact on the website through which the service
is provided, without express written permission by us.

The headings used in this agreement are included for convenience
only and will not limit or otherwise affect these Terms.



SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site
is not accurate, complete or current. The material on this site is
provided for general information only and should not be relied upon
or used as the sole basis for making decisions without consulting
primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this
site at any time, but we have no obligation to update any information
on our site. You agree that it is your responsibility to monitor changes
to our site.



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service
(or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification,
price change, suspension or discontinuance of the Service.



SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online
through the website. These products or services may have limited
quantities and are subject to return or exchange only according to
our Return Policy.

We have made every effort to display as accurately as possible
the colors and images of our products that appear at the store. We
cannot guarantee that your computer monitor's display of any color
will be accurate.

We reserve the right, but are not obligated, to limit the sales of
our products or Services to any person, geographic region or jurisdiction.
We may exercise this right on a case-by-case basis. We reserve the
right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change
at anytime without notice, at the sole discretion of us. We reserve the
right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information,
or other material purchased or obtained by you will meet your expectations,
or that any errors in the Service will be corrected.



SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in
our sole discretion, limit or cancel quantities purchased per person, per
household or per order. These restrictions may include orders placed by
or under the same customer account, the same credit card, and/or orders
that use the same billing and/or shipping address. In the event that we make
a change to or cancel an order, we may attempt to notify you by contacting
the e-mail and/or billing address/phone number provided at the time the
order was made. We reserve the right to limit or prohibit orders that, in our
sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit card
numbers and expiration dates, so that we can complete your transactions and
contact you as needed.


For more detail, please review our Return Policy.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools
”as is” and “as available” without any warranties, representations or
conditions of any kind and without any endorsement. We shall have no
liability whatsoever arising from or relating to your use of optional third-
party tools.

Any use by you of optional tools offered through the site is entirely at
your own risk and discretion and you should ensure that you are familiar
with and approve of the terms on which tools are provided by the relevant
third-party provider(s).

We may also, in the future, offer new services and/or features through
the website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service
may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that
are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not
have any liability or responsibility for any third-party materials or websites,
or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase
or use of goods, services, resources, content, or any other transactions
made in connection with any third-party websites. Please review carefully
the third-party's policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns,
or questions regarding third-party products should be directed to the third-party.



SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email,
by postal mail, or otherwise (collectively, 'comments'), you agree that we may,
at any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are
and shall be under no obligation (1) to maintain any comments in confidence;
(2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that
we determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable
or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-
party, including copyright, trademark, privacy, personality or other
personal or proprietary right. You further agree that your comments
will not contain libelous or otherwise unlawful, abusive or obscene
material, or contain any computer virus or other malware that could in
any way affect the operation of the Service or any related website.
You may not use a false e-mail address, pretend to be someone other
than yourself, or otherwise mislead us or third-parties as to the origin
of any comments. You are solely responsible for any comments you
make and their accuracy. We take no responsibility and assume no
liability for any comments posted by you or any third-party.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is
governed by our Privacy Policy. To view our Privacy Policy.


SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service
that contains typographical errors, inaccuracies or omissions that
may relate to product descriptions, pricing, promotions, offers, product
shipping charges, transit times and availability. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or
update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).

We undertake no obligation to update, amend or clarify information
in the Service or on any related website, including without limitation,
pricing information, except as required by law. No specified update or
refresh date applied in the Service or on any related website, should be
taken to indicate that all information in the Service or on any related
website has been modified or updated.



SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service,
you are prohibited from using the site or its content: (a) for any unlawful
purpose; (b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations,
rules, laws, or local ordinances; (d) to infringe upon or violate our
intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate,
or discriminate based on gender, sexual orientation, religion, ethnicity,
race, age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of
malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl,
or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with
or circumvent the security features of the Service or any related website,
other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.



SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our
service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the
use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is
at your sole risk. The service and all products and services delivered
to you through the service are (except as expressly stated by us) provided
'as is' and 'as available' for your use, without any representation,
warranties or conditions of any kind, either express or implied, including
all implied warranties or conditions of merchant-ability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Organic Modernism, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licencors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any
kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability
or otherwise, arising from your use of any of the service or any products
procured using the service, or for any other claim related in any way
to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not
allow the exclusion or the limitation of liability for consequential or
incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.



SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Organic Modernism
and our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licencors, service providers, subcontractors, suppliers, interns
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach
of these Terms of Service or the documents they incorporate by reference,
or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined
to be unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms
of Service, such determination shall not affect the validity and enforce-ability
of any other remaining provisions.



SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by
either you or us. You may terminate these Terms of Service at any
time by notifying us that you no longer wish to use our Services, or when
you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed,
to comply with any term or provision of these Terms of Service, we
also may terminate this agreement at any time without notice and you
will remain liable for all amounts due up to and including the date
of termination; and/or accordingly may deny you access to our
Services (or any part thereof).



SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these
Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted
by us on this site or in respect to The Service constitutes the entire
agreement and understanding between you and us and govern
your use of the Service, superseding any prior or contemporaneous
agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions
of the Terms of Service).

Any ambiguities in the interpretation of these Terms of
Service shall not be construed against the drafting party.



SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby
we provide you Services shall be governed by and construed in
accordance with the laws of New York.



SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of
Service at any time at this page.

We reserve the right, at our sole discretion, to update, change
or replace any part of these Terms of Service by posting updates and
changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our
website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.



SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@organicmodernism.com