This website is operated by WispyGreens, LLC. Throughout the site, the terms “we”, “us” and “our” refer to WispyGreens, LLC. Wispy Greens, LLC offers this website, including all information,tools, and services available from this site to you, the user, conditioned uponyour acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ orpurchasing something from us, you engage in our “Service” and agree to be boundby the following terms and conditions (“Terms of Service”, “Terms”), includingthose additional terms and conditions and policies referenced herein and/oravailable 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 Servicecarefully before accessing or using our website. By accessing or using any partof the site, you agree to be bound by these Terms of Service. If you do notagree to all the terms and conditions of this agreement, then you may notaccess the website or use any services. If these Terms of Service areconsidered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which areadded to the current store shall also be subject to the Terms of Service. Youcan review the most current version of the Terms of Service at any time on thispage. We reserve the right to update, change or replace any part of these Termsof Service by posting updates and/or changes to our website. It is yourresponsibility to check this page periodically for changes. Your continued useof or access to the website following the posting of any changes constitutesacceptance of those changes.
Our store is hosted on Shopify Inc.They provide us with the online e-commerce platform that allows us to sell ourproducts and services to you.
SECTION1 - ONLINE STORE TERMS
By agreeing to these Terms ofService, you represent that you are at least 18 years or older, or that you arethe age of majority in your residence and you have given us your consent toallow any of your minor dependents to use this site.
You may not use our products for anyillegal or unauthorized purpose nor may you, in the use of the Service, violateany laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms orviruses or any code of a destructive nature.A breach or violation of any of the Terms will result in an immediatetermination of your Services.
SECTION2 - GENERAL CONDITIONS
We reserve the right to refuseservice to anyone for any reason at any time.You understand that your content (not including credit card information), maybe transferred unencrypted and involve (a) transmissions over various networks;and (b) changes to conform and adapt to technical requirements of connectingnetworks or devices. Credit card information is always encrypted duringtransfer over networks.
You agree not to reproduce,duplicate, copy, sell, resell or exploit any portion of the Service, use of theService, or access to the Service or any contact on the website through whichthe service is provided, without express written permission by us. The headingsused in this agreement are included for convenience only and will not limit orotherwise affect these Terms.
SECTION3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible ifinformation made available on this site is not accurate, complete or current.The material on this site is provided for general information only and shouldnot be relied upon or used as the sole basis for making decisions withoutconsulting primary, more accurate, more complete or more timely sources ofinformation. Any reliance on the material on this site is at your own risk.
This site may contain certainhistorical information. Historical information, necessarily, is not current andis provided for your reference only. We reserve the right to modify thecontents of this site at any time, but we have no obligation to update anyinformation on our site. You agree that it is your responsibility to monitorchanges to our site.
SECTION4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subjectto change without notice.We reserve the right at any time to modify or discontinue the Service (or anypart or content thereof) without notice at any time.
We shall not be liable to you or toany third-party for any modification, price change, suspension ordiscontinuance of the Service.
SECTION5 - PRODUCTS OR SERVICES (if applicable)
Certain products may be availableexclusively online through the website. These products are perishable, may havelimited quantities, and are non-returnable.
We have made every effort to displayas accurately as possible the colors and images of our products that appear atthe store. We cannot guarantee that your computer monitor's display of anycolor will be accurate.
We reserve the right but are notobligated, to limit the sales of our products to any person, geographic regionor jurisdiction. We may exercise this right on a case-by-case basis. We reservethe right to limit the quantities of any produce that we offer. Alldescriptions of products or product pricing are subject to change at any timewithout notice, at the sole discretion of us. We reserve the right todiscontinue any product at any time. Any offer for any product or service madeon this site is void where prohibited.
We do not warrant that the qualityof any products, services, information, or other material purchased or obtainedby you will meet your expectations, or that any errors in the Service will becorrected.
SECTION6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse anyorder you place with us. We may, in our sole discretion, limit or cancelquantities purchased per person, per household or per order. These restrictionsmay include orders placed by or under the same customer account, the samecredit 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 tonotify you by contacting the e‑mail and/or billing address/phone numberprovided at the time the order was made. We reserve the right to limit orprohibit 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 madeat our store. You agree to promptly update your account and other information,including your email address and credit card numbers and expiration dates sothat we can complete your transactions and contact you as needed.
For more detail, please review ourReturns Policy.
SECTION7 - OPTIONAL TOOLS
We may provide you with access tothird-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that weprovide access to such tools ”as is” and “as available” without any warranties,representations or conditions of any kind and without any endorsement. We shallhave no liability whatsoever arising from or relating to your use of optionalthird-party tools.
Any use by you of optional toolsoffered through the site is entirely at your own risk and discretion and youshould ensure that you are familiar with and approve of the terms on whichtools are provided by the relevant third-party provider(s).
We may also, in the future, offernew services and/or features through the website (including, the release of newtools and resources). Such new features and/or services shall also be subjectto these Terms of Service.
SECTION8 - THIRD-PARTY LINKS
Certain content, products, andservices available via our Service may include materials from third-parties.
Third-party links on this site maydirect you to third-party websites that are not affiliated with us. We are notresponsible for examining or evaluating the content or accuracy and we do notwarrant and will not have any liability or responsibility for any third-party materialsor websites, or for any other materials, products, or services ofthird-parties.
We are not liable for any harm ordamages 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 sureyou understand them before you engage in any transaction. Complaints, claims,concerns, or questions regarding third-party products should be directed to thethird-party.
SECTION9 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certainspecific submissions (for example contest entries) or without a request from usyou 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 anycomments that you forward to us. We are and shall be under no obligation (1) tomaintain 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 areunlawful, offensive, threatening, libelous, defamatory, pornographic, obsceneor otherwise objectionable or violates any party’s intellectual property orthese Terms of Service.
You agree that your comments willnot violate any right of any third-party, including copyright, trademark,privacy, personality or other personal or proprietary right. You further agreethat your comments will not contain libelous or otherwise unlawful, abusive orobscene material, or contain any computer virus or other malware that could inany way affect the operation of the Service or any related website. You may notuse a false e‑mail address, pretend to be someone other than yourself, orotherwise mislead us or third-parties as to the origin of any comments. You aresolely responsible for any comments you make and their accuracy. We take noresponsibility and assume no liability for any comments posted by you or anythird-party.
SECTION10 - PERSONAL INFORMATION
SECTION11 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may beinformation 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 tochange or update information or cancel orders if any information in the Serviceor on any related website is inaccurate at any time without prior notice(including after you have submitted your order).
We undertake no obligation toupdate, 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 relatedwebsite should be taken to indicate that all information in the Service or onany related website has been modified or updated.
SECTION12 - PROHIBITED USES
In addition to other prohibitions asset forth in the Terms of Service, you are prohibited from using the site orits content: (a) for any unlawful purpose; (b) to solicit others to perform orparticipate in any unlawful acts; (c) to violate any international, federal,provincial or state regulations, rules, laws, or local ordinances; (d) toinfringe upon or violate our intellectual property rights or the intellectualproperty 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 submitfalse or misleading information; (g) to upload or transmit viruses or any othertype of malicious code that will or may be used in any way that will affect thefunctionality or operation of the Service or of any related website, otherwebsites, or the Internet; (h) to collect or track the personal information ofothers; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) forany obscene or immoral purpose; or (k) to interfere with or circumvent thesecurity features of the Service or any related website, other websites, or theInternet. We reserve the right to terminate your use of the Service or anyrelated website for violating any of the prohibited uses.
SECTION13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent orwarrant that your use of our service will be uninterrupted, timely, secure orerror-free.
We do not warrant that the resultsthat may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time wemay remove the service for indefinite periods of time or cancel the service atany time, without notice to you.
You expressly agree that your useof, or inability to use, the service is at your sole risk. The service and allproducts and services delivered to you through the service are (except asexpressly stated by us) provided 'as is' and 'as available' for your use,without any representation, warranties or conditions of any kind, eitherexpress or implied, including all implied warranties or conditions ofmerchantability, merchantable quality, fitness for a particular purpose,durability, title, and non-infringement.
In no case shall Wispy Greens, LLCour directors, officers, employees, affiliates, agents, contractors, interns,suppliers, service providers or licensors be liable for any injury, loss, claim,or any direct, indirect, incidental, punitive, special, or consequentialdamages of any kind, including, without limitation lost profits, lost revenue,lost savings, loss of data, replacement costs, or any similar damages, whetherbased in contract, tort (including negligence), strict liability or otherwise,arising from your use of any of the service or any products procured using theservice, or for any other claim related in any way to your use of the serviceor any product, including, but not limited to, any errors or omissions in anycontent, or any loss or damage of any kind incurred as a result of the use ofthe service or any content (or product) posted, transmitted, or otherwise madeavailable via the service, even if advised of their possibility. Because somestates or jurisdictions do not allow the exclusion or the limitation ofliability for consequential or incidental damages, in such states orjurisdictions, our liability shall be limited to the maximum extent permittedby law.
SECTION14 - INDEMNIFICATION
You agree to indemnify, defend andhold harmless Wispy Greens, LLC and affiliates, partners, officers, directors,agents, contractors, licensors, service providers, subcontractors, suppliers,interns and employees, harmless from any claim or demand, including reasonableattorneys’ fees, made by any third-party due to or arising out of your breachof these Terms of Service or the documents they incorporate by reference oryour violation of any law or the rights of a third-party.
SECTION15 - SEVERABILITY
In the event that any provision ofthese Terms of Service is determined to be unlawful, void or unenforceable,such provision shall nonetheless be enforceable to the fullest extent permittedby applicable law, and the unenforceable portion shall be deemed to be severedfrom these Terms of Service, such determination shall not affect the validityand enforceability of any other remaining provisions.
SECTION16 - TERMINATION
The obligations and liabilities ofthe parties incurred prior to the termination date shall survive thetermination of this agreement for all purposes.
These Terms of Service are effectiveunless and until terminated by either you or us. You may terminate these Termsof Service at any time by notifying us that you no longer wish to use ourServices, or when you cease using our site.
If in our sole judgment you fail, orwe suspect that you have failed, to comply with any term or provision of theseTerms of Service, we also may terminate this agreement at any time withoutnotice and you will remain liable for all amounts due up to and including thedate of termination; and/or accordingly may deny you access to our Services (orany part thereof).
SECTION17 - ENTIRE AGREEMENT
The failure of us to exercise orenforce any right or provision of these Terms of Service shall not constitute awaiver of such right or provision.
These Terms of Service and anypolicies or operating rules posted by us on this site or in respect to TheService constitutes the entire agreement and understanding between you and usand govern your use of the Service, superseding any prior or contemporaneousagreements, communications and proposals, whether oral or written, between youand us (including, but not limited to, any prior versions of the Terms ofService).
Any ambiguities in theinterpretation of these Terms of Service shall not be construed against thedrafting party.
SECTION18 - GOVERNING LAW
These Terms of Service and anyseparate agreements whereby we provide you Services shall be governed by andconstrued in accordance with the laws of the State of Colorado.
SECTION19 - CHANGES TO TERMS OF SERVICE
You can review the most currentversion of the Terms of Service at any time at this page.
We reserve the right, at our solediscretion, to update, change or replace any part of these Terms of Service byposting updates and changes to our website. It is your responsibility to checkour website periodically for changes. Your continued use of or access to ourwebsite or the Service following the posting of any changes to these Terms ofService constitutes acceptance of those changes.
SECTION 20- FDA COMPLIANCE
The information on this website hasnot been evaluated by the Food & Drug Administration or any other medicalbody. We do not aim to diagnose, treat, cure or prevent any illness or disease.Information is shared for educational purposes only. You must consult yourdoctor before acting on any content on this website, especially if you arepregnant, nursing, taking medication, or have a medical condition.
SECTION21 - CONTACT INFORMATION
Questions about the Terms of Serviceshould be sent to us at: firstname.lastname@example.org
Serving Longmont Colorado and nearby areas. If you’re unsure whether we can deliver to you, please contact us.
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