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Privacy Policy |
BestRawOrganic.com & CDI
Terms and Conditions of Use
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All contents contained within this website is provided as a courtesy for entertainment, educational and/or informational purposes only. We give no medical advice whatsoever. If you have any medical questions, concerns or health related issues, please consult with your physician.
By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by the terms herein and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this Site.
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Summary
ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM CDI. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. CDI AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
CDI AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY CDI PRODUCT, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF CDI OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of CDI or other third parties. Users are not permitted to use these Marks without the prior written consent of CDI or such third party which may own the Mark. "CDI" is a registered trademark of CDI Systems, Inc.
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and CDI is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. CDI provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. User access to this Web Site is governed by all applicable federal, state and local laws.
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All contents on this site are protected by copyright. Except as specifically permitted herin, no portion of the information on this website may be reproducted in any form, or by any means, without prior written permission from CDI. Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.
All informaion providedd on this website is provided "as is" with all faults without warranty of any kind, either expressed or implied. CDI and its suppliers disclaim all warranties, expressed or impied, including, without limitation, those of merchantability, fitness for any particular purpose and noninfringement or arising from course of dealing, usage, or trade practice.
CDI and its suppliers shall not be liable for any indirect, special, consequential, or incidental damages including, without limitation, lost profits or revenues, cots of replacement goods, loss or damage to data arising out of the use or inability to use this site or any CDI product, damages resulting from use of or reliance on the information present, even if CDI or its suppliers have been advised of the possibility of such damages.
All information available on the Web Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. The trademarks, logos and service marks ("Marks") displayed on this Web Site are the property of CDI or other third parties. Users are not permitted to use these Marks without the prior written consent of CDI or such third party which may own the Mark. "CDI" is a registered trademark of CDI.
This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk and CDI is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. CDI provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. User access to this Web Site is governed by all applicable federal, state and local laws. ~~~
CDI and BestRawOrganic.com reserve
the right to investigate complaints or reported violations of the
Terms and Conditions and to take any action CDI deems appropriate
including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other third
parties and disclosing any information necessary or appropriate to
such persons or entities relating to user profiles, e-mail
addresses, usage history, posted materials, IP addresses, traffic
information and any or all additional information contained within the
site.
The contents of this Site and all related websites are Copyrighted
© BestRawOrganic.com and related or respective owners
and may be additionally protected by trademarks, service marks,
intellectual or proprietary rights owned by CDI.,
BestRawOrganic.com and any related parties, and are solely
and wholly the property of their respective owners. Any rights not expressly granted herein are reserved.
Reproduction, transfer, distribution or storage of part of or all
of the contents in any form without the prior written permission
of BestRawOrganic.com is prohibited unless stipulated
in writing from CDI or singularly stipulated by CDI within individual
pages contained within this website and within content specifically
written solely and wholly by CDI.
Upon your full agreement and compliance with all terms and conditions
above and below, BestRawOrganic.com consents to your browsing our
website and web pages on your computer and that you may print
copies of extracts from these pages for your personal and
non-commercial use only and not for redistribution unless
consented to in writing by BestRawOrganic.com.
Individual documents within our website may be subject to
additional terms indicated in those documents. The use of
this site and the content therein, is permitted for private,
non-commercial use unless consented to in writing by
BestRawOrganic.com. This site and the contents herein
are provided for informational use only.
BestRawOrganic.com does not warrant that this Site
will be consistently available, uninterrupted and/or without error
and/or inaccuracies. We furthermore reserve the right to revise
any pages or withdraw access to them at any time.
Any other use of the Website or
the Materials is strictly prohibited, including without limitation,
modification, republication, deletion, transmission, public
performance, distribution, proxy caching, uploading, posting,
reproduction, redistribution or any other dissemination without the
express written permission of BestRawOrganic.com, CDI, or
the applicable rights holder. The Materials contained within the Website may not be
used by third parties for telemarketing, direct marketing, commercial
mass e-mail or by agents or representatives or e-mail spammers. You
may not decompile, reverse engineer, disassemble, rent, lease, loan,
sell, sublicense, or create derivative works from the Website, use any network monitoring or discovery software
to determine the site architecture, or extract information about usage
or users.
We reserve the right to refuse the posting any events and/or
submissions to our website at our sole discretion. To
use our community websites, you must agree to adhere to our submission
guidelines and these site terms as presented on the CCC
website, in additional to all terms stipulated above and below, or
incorporated, similarly mentioned above, herein by virtue of being
referred to from these terms and conditions of use.
ALL INFORMATION, SERVICES, PRODUCTS AND CONTENT PROVIDED ON OR IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED ON AN "AS IS"
BASIS. THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN
ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, USA, AS THEY
APPLY TO AGREEMENTS MADE AND SOLELY PERFORMED THEREIN. YOU
IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL
JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN
SAN DIEGO COUNTY, CALIFORNIA, USA, AND YOU SHALL NOT COMMENCE OR
PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
BestRawOrganic.com RESERVES THE RIGHT TO MODIFY ANY
INFORMATION, CONTENT OR SERVICES AT ANY TIME WITHOUT NOTICE.
BestRawOrganic.com DOES NOT AND MAY NOT NECESSARILY
REVIEW ANY CONTENT POSTED, UPLOADED OR PROVIDED TO
BestRawOrganic.com AND AS SUCH, IS CONTAINED WITHIN
ITS SITE. NO REPRESENTATIONS AND/OR WARRANTIES OF ANY KIND,
INCLUDING WITHOUT LIMITATION, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE MADE IN RELATION TO THE AVAILABILITY, ACCURACY,
COMPLETENESS, AUTHENTICITY, RELIABILITY AND/OR CONTENT OF THIS
SITE. ADDITIONALLY, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE, SHALL BestRawOrganic.com AND
ANY OF OUR RELATED WEBSITES AND COMPANIES BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
LOST DATA AND/OR PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT
OF THE USE OF OR INABILITY TO USE THIS SERVICE AND/OR THE
MATERIALS CONTAINED IN THIS SITE, EVEN IF
BestRawOrganic.com HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. BestRawOrganic.com SHALL HAVE
NO LIABILITY WHATSOEVER FOR INFORMATION OR CONTENT PROVIDED BY
THIRD PARTIES.
For your convenience, we may include links to sites on the
Internet that are owned or operated by third parties. By accessing
such third-party sites, you shall review and agree to that site's
rules of use before using such site. You also agree that
BestRawOrganic.com has no control over the content of
that site and cannot assume any responsibility for material
created or published by such third-party sites.
A link to a
non-BestRawOrganic.com site does not imply that
BestRawOrganic.com endorses the site or the products
or services referenced in such third party site. By
submitting any material to us by e-mail or by any other method,
you agree that: (1) any such material be treated as
non-confidential and non-proprietary and may be diseminated to any
parties we deem necessary or appropriate (2) the material will not
contain any item that is unlawful or otherwise unfit for
publication; (2) you will use reasonable efforts to scan and
remove any viruses or other contaminating or destructive features
before submitting any material; and (3) you own the material or
have the unlimited right to provide it to us and
BestRawOrganic.com may publish the material free of
charge and/or incorporate it or any concepts described in it in
our products without accountability or liability (4) you agree not
to take action against us in relation to material that you submit
and you agree to indemnify us if any third party takes action
against us in relation to the material you submit. Any
permitted use of the Website does not extend to using the Website
or Materials for any illegal purpose, or to transmit to or through
the Website or to or through any service any illegal, harmful,
threatening, defamatory, obscene, hateful, pornographic or other
objectionable material of any kind, or to interfere with, abuse or
otherwise violate the legal rights of any third party using the
Website or Materials.
Further Agreement regarding Website Services, Provisioning, Hosting, Design, Implementation and Any Ancillary Web Services provided by CDI and BestRawOrganic.com
This further Agreement ("Further Agreement") is by and
between WinWin Web Services ("WinWin Web Services, WinWin
Alliance, CDI, E-Business-in-a-Box, WinWinAffiliates,
BestRawOrganic.com, et.al.") a/an individual and
You, Your heirs, agents, successors and assigns ("You"),
and is made effective as of the date of electronic execution. This
Agreement sets forth the terms and conditions of Your use of
WinWin Web Services software (“Software”) and services (“Services”)
and explains WinWin Web Services’s obligations to You and Your
obligations to WinWin Web Services in relation to the Software and
Services You purchase.
This Further Agreement as well as any additional
BestRawOrganic.com policies, together with all modifications
thereto, constitute the complete and exclusive agreement between You and
BestRawOrganic.com concerning Your use of
BestRawOrganic.com’s Software and Services, and supersede
and govern all prior proposals, agreements, or other communications. All
BestRawOrganic.com policies and agreements specific to
particular Software and Service are incorporated herein and made part of
this Agreement by reference, including the dispute
policy (“UDRP”). By purchasing BestRawOrganic.com’s
Software or Services, You acknowledge that You have read, understood,
and agree to be bound by all terms and conditions of this Agreement and
any other policies or agreements made part of this Agreement by
reference, as well as any new, different or additional terms, conditions
or policies which BestRawOrganic.com may establish from time
to time, and any agreements that BestRawOrganic.com is
currently bound by or will be bound by in the future. You may view the
latest version of this Agreement
online.
In addition to transactions entered into by You on Your behalf, You
also agree to be bound by the terms of this Agreement for transactions
entered into on Your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the account You've
established with BestRawOrganic.com, whether or not the
transactions were in Your behalf. You acknowledge that
BestRawOrganic.com’s acceptance of any application made by
You for Services provided by BestRawOrganic.com will take
place at the Internet Corporation for Assigned Names and Numbers
("ICANN") accredited registrar's offices.
The General Terms in Section A apply to all customers of BestRawOrganic.com. The Software and Services Specific Agreements incorporated
in Section B apply only to customers who have purchased those referenced
Services.
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A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES |
1. TERM OF AGREEMENT; MODIFICATIONS. |
You agree that BestRawOrganic.com may modify this
Agreement and the Services from time to time. You agree to be bound by
any changes BestRawOrganic.com may reasonably make to this
Agreement when such changes are made. If You have purchased Services or
Software from BestRawOrganic.com , the term of this
Agreement shall continue in full force and effect as long as You take
advantage of and use the Software or Services. In the event You
terminate Your usage, BestRawOrganic.com will not refund any
amounts You have paid. You agree that BestRawOrganic.com
shall not be bound by any representations made by third parties who You
may use to purchase Services from BestRawOrganic.com , and
that any statement of a general nature, which may be posted on
BestRawOrganic.com’s Web site or contained in
BestRawOrganic.com’s promotional materials, will not bind
BestRawOrganic.com . BestRawOrganic.com may, at
times, offer certain promotions with different charges and features. You agree that You will be responsible for notifying BestRawOrganic.com
should You desire to terminate Your use of BestRawOrganic.com
's Services. Notification of Your intent to terminate must be provided
to BestRawOrganic.com no earlier than 10 days prior to Your billing
date but no later than three days prior to Your billing date.
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2. ACCURATE INFORMATION. |
You agree to maintain accurate information by providing updates to
BestRawOrganic.com , as needed, while You are using
BestRawOrganic.com’s Services. You agree You will notify
BestRawOrganic.com within five (5) business days when any
change of the information You provided as part of the application and/or
registration process changes. Failure by You, for whatever reason, to
respond within five (5) business days to any inquiries made by
BestRawOrganic.com to determine the validity of information
provided by You will constitute a material breach of this Agreement. You agree that BestRawOrganic.com may use and rely on any
such information provided by You for all purposes in connection with
Your Services, subject to BestRawOrganic.com’s Privacy
Policy . If You provide any information that is inaccurate, not
current, false, misleading or incomplete, or if
BestRawOrganic.com has reasonable grounds to suspect that
Your information is inaccurate, not current, false, misleading or
incomplete, BestRawOrganic.com has the absolute right, in
its sole discretion, to terminate its Services and close Your account.
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3. PRIVACY. |
You can view BestRawOrganic.com’s Privacy Policy here
, which is incorporated herein by reference, as it is applicable to
all Company Software and Services. The Privacy Policy provides Your
rights and Company’s responsibilities with regard to Your personal
information. Company will not use Your information in any way
inconsistent with the purposes and limitations provided in the Privacy
Policy. |
4. ACCOUNT SECURITY. |
You agree You are entirely responsible for maintaining the
confidentiality of Your customer number/login, password, credit card
number, and shopper PIN (collectively, the "Account Access
Information"). You agree You are entirely responsible for any and
all activities that occur under Your account. You agree to notify BestRawOrganic.com
immediately of any unauthorized use of Your account or any
other breach of security. You agree BestRawOrganic.com will not be
liable for any loss that You may incur as a result of someone else using
Your Account Access Information, either with or without Your knowledge.
You further agree You could be held liable for losses incurred by BestRawOrganic.com
or another party due to someone else using Your Account
Access Information. For security purposes, You should keep Account
Access Information in a secure location and take precautions to prevent
others from gaining access to Your Account Access Information. You agree
that You will be responsible for all activity in Your account, whether
initiated by You, or by others on Your behalf, or by any other means. BestRawOrganic.com
specifically disclaims liability for any activity in
Your account, whether authorized by You or not. |
5. NO UNLAWFUL CONDUCT OR IMPROPER USE. |
As a condition of Your use of BestRawOrganic.com’s
Software and Services, You agree not to use them for any purpose that is
unlawful or prohibited by these terms and conditions, and You agree to
comply with any applicable local, state, federal and international laws,
government rules or requirements. You agree You will not be entitled to
a refund of any fees paid to BestRawOrganic.com if, for any
reason, BestRawOrganic.com takes corrective action with
respect to Your improper or illegal use of its Services. BestRawOrganic.com reserves the right at all times to disclose any
information as BestRawOrganic.com deems necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials, in whole
or in part, in BestRawOrganic.com's sole discretion.
If You have purchased Services, BestRawOrganic.com has no obligation
to monitor Your use of the Services. BestRawOrganic.com reserves the
right to review Your use of the Services and to cancel the Services in
its sole discretion. BestRawOrganic.com reserves the right to terminate
Your access to the Services at any time, without notice, for any reason
whatsoever.
BestRawOrganic.com reserves the right to terminate Services if Your
usage of the Services results in, or is the subject of, legal action or
threatened legal action, against BestRawOrganic.com or any of its
affiliates or partners, without consideration for whether such legal
action or threatened legal action is eventually determined to be with or
without merit. BestRawOrganic.com may review every account for
excessive space and bandwidth utilization and to terminate or apply
additional fees to those accounts that exceed allowed levels.
Except as set forth below, BestRawOrganic.com may also cancel Your
use of the Services, after thirty (30) days, if You are using the
Services, as determined by BestRawOrganic.com in its sole discretion,
in association with spam or morally objectionable activities. Morally
objectionable activities will include, but not be limited to: activities
designed to defame, embarrass, harm, abuse, threaten, slander or harass
third parties; activities prohibited by the laws of the United States
and/or foreign territories in which You conduct business; activities
designed to encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography; activities that are tortuous, vulgar,
obscene, invasive of the privacy of a third party, racially, ethnically,
or otherwise objectionable; activities designed to impersonate the
identity of a third party; illegal access to other computers or networks
(i.e., hacking); distribution of Internet viruses or similar destructive
activities; and activities designed to harm or use unethically minors in
any way. Notwithstanding anything to the contrary herein, in the event BestRawOrganic.com
cancels Your Services during the first thirty (30)
days after You purchase the Services, You will receive a refund of any
fees paid to BestRawOrganic.com in connection with the Services being
canceled. In the event BestRawOrganic.com deletes Your Services because
they are being used in association with spam or morally objectionable
activities, no refund will be issued. You agree You will not be entitled
to a refund of any fees paid to BestRawOrganic.com if, for any reason,
BestRawOrganic.com takes corrective action with respect to Your
improper or illegal use of its Services.
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6. NO SPAM; LIQUIDATED DAMAGES. |
You agree BestRawOrganic.com may immediately terminate
any account which it believes, in its sole discretion, is transmitting
or is otherwise connected with any spam or other unsolicited bulk email.
In addition, if actual damages cannot be reasonably calculated then You
agree to pay BestRawOrganic.com liquidated damages of $1 for
each piece of spam or unsolicited bulk email transmitted from or
otherwise connected with Your account, otherwise You agree to pay
BestRawOrganic.com 's actual damages. You acknowledge You
have read and understand and agree to be bound by the terms and
conditions of BestRawOrganic.com’s Anti-spam Policy,
available here . Such terms and conditions are applicable to the use of
all BestRawOrganic.com Software and Services and are
incorporated herein. |
7. INTELLECTUAL PROPERTY. |
You agree that BestRawOrganic.com or its licensor holds all rights,
title and interest in all Software and Services and all intellectual
property, including other rights related to intangible property, unless
otherwise indicated. You acknowledge that no title or interest in such
Intellectual Property Rights is being transferred to You and You agree
to make no claim of interest in any such Services or Software. You understand and agree that all content and materials contained in
this Agreement, other policies, the BestRawOrganic.com Web site, and
any affiliated Web sites, are protected by the various copyright,
patent, trademark, service mark and trade secret laws of the United
States, as well as any other applicable proprietary rights and laws, and
that BestRawOrganic.com or its licensor expressly reserves its rights
in and to all such content and materials. You further understand and
agree that You are prohibited from using, in any manner whatsoever, any
of the content or materials described above without the express written
permission of BestRawOrganic.com or its licensor. No license or right
under any copyright, patent, trademark, service mark or other
proprietary right or license is granted to You or conferred upon You by
this Agreement or otherwise.
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8. USE OF BestRawOrganic.com Software. |
If You have licensed software from BestRawOrganic.com , BestRawOrganic.com
grants You a limited, non-exclusive, nontransferable and
non-assignable license to use the software for such purposes as are
ordinary and customary. You are free to use the software on any
computer, but not on two or more computers at one time. You agree to not alter or modify the Software. You agree You are not
authorized to combine the Software with any other software program,
create derivative works based upon the Software, nor are You authorized
to integrate any plug-in or enhancement which uses or relies upon the
Software. You further agree not to reverse engineer, decompile or
otherwise attempt to uncover the source code.
BestRawOrganic.com reserves all rights to the Software. The Software
and any copies You are authorized to make are the intellectual property
of BestRawOrganic.com . The source code and its organization are the
exclusive property of BestRawOrganic.com and the Software is protected
by copyright, including United States Copyright Law. Except as expressly
provided for in this section, this Agreement does not grant You any
rights in the Software and all rights are reserved by BestRawOrganic.com
.
BestRawOrganic.com provides this Software “as is”
without warranty of any kind either express or implied, including but
not limited to the implied warranties or conditions of merchantability
or fitness for a particular purpose.
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9. FEES AND PAYMENT. |
As consideration for the Software or Services purchased by You and provided to You by BestRawOrganic.com, You agree to pay BestRawOrganic.com at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. BestRawOrganic.com expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check , or using BestRawOrganic.com’s prepaid service (“Prepaid
Services”) to establish a cash reserve for charge by
BestRawOrganic.com (collectively, the "Payment
Method"). Your Prepaid Services account may be funded by a money
order or a personal check under as further described, below. If You signed up for a monthly payment plan, Your monthly billing
date will be determined based on the day of the month You purchase the
Services unless that date falls after the 28th of the month in which
case Your billing date will be the 28th of each month. If You signed up
for an annual (or longer) payment plan, and You elected the automatic
renewal option, BestRawOrganic.com will automatically renew Your
Services when they come up for renewal and will take payment from the
Payment Method You have on file with BestRawOrganic.com, at BestRawOrganic.com's then current rates.
If for any reason BestRawOrganic.com is unable to charge Your
Payment Method for the full amount owed BestRawOrganic.com for the
Services provided, or if BestRawOrganic.com is charged a penalty for
any fee it previously charged to Your Payment Method, You agree that BestRawOrganic.com
may pursue all available remedies in order to obtain
payment. If You pay by credit card and if for any reason BestRawOrganic.com
is unable to charge Your credit card with the full amount of
the Services provided, or if BestRawOrganic.com is charged back for any
fee it previously charged to the credit card You provided, You agree
that BestRawOrganic.com may pursue all available remedies in order to
obtain payment. You agree that among the remedies BestRawOrganic.com
may pursue in order to effect payment, shall include but will not be
limited to, immediate cancellation without notice to You of any domain
names or Services registered or renewed on Your behalf. BestRawOrganic.com
reserves the right to charge a reasonable administrative fee
for administrative tasks outside the scope of its regular Services,
including additional costs that it may incur in providing the Services
and pass along to You. These include, but are not limited to, customer
service issues that cannot be handled over email but require personal
service, fees incurred by third parties You have elected to use any of
our ascribed payment methods, including Paypal or Other Payment Company, and disputes that
require legal services. These charges will be billed to the Payment
Method we have on file for You. You may change Your Payment Method by
contacting us at support.urgent@gmail.com..
You agree that You are solely liable for arranging that Your Services
are renewed, and that BestRawOrganic.com shall not be liable to You or
any third party if it is unable to charge Your Payment Method in order
to renew Your Services.
While all purchases are processed in US dollars, BestRawOrganic.com
may provide an estimated conversion price to currencies other than US
dollars. You acknowledge and agree that the pricing displayed during the
checkout process is an estimate. Due to potential slight time delays
between actual purchase and the payment settlement, the actual price
charged may fluctuate. Accordingly, BestRawOrganic.com makes no
representations or warranties that the actual price will be the same or
substantially similar to the actual price You will pay and You waive any
and all claims based upon any discrepancy between the estimate and the
actual price.
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A. Prepaid Services |
- Service Details.
By using BestRawOrganic.com’s Prepaid Services, You
can transfer funds to BestRawOrganic.com in advance and
use the balance of Your Prepaid Services Account
("Account") as You please. You can use Your Account to
purchase any of the Software or Services of
BestRawOrganic.com . As consideration for the Services
purchased by You and provided to You by
BestRawOrganic.com , You agree to pay
BestRawOrganic.com in advance for the Services to be
provided. Payment is to be made by You providing either a valid
credit card, wire transfer, a money order, or personal check.
Personal checks may only be used for payments of $100 or more, and
may not be made for less than the amount required at purchase.
Personal checks under $1,000 are subject to the same processing fees
as wire transfers. All personal checks will be delayed fourteen (14)
days until the money is credited, which may delay Your usage of the
Software or Services. You agree that if the EFT or bank draft is
returned unpaid, You will pay a service charge of $25.00 or the
maximum amount allowed by law, which may be debited from Your
account using an EFT or bank draft.
You can verify the remaining funds in Your Account at any time by
logging in to Manage Your Account or through the shopping cart on
the BestRawOrganic.com Web site. Should You decide to terminate
Your Account and seek a refund of Your Prepaid Services, Your refund
will be made by check net of any discounts, including, but not
limited to, reduced or waived wire transfer fees and/or the Cash
Discount.
You acknowledge that funds transferred to Your Account will be
held in an account by BestRawOrganic.com , which will not accrue or
pay interest for Your benefit. To the extent interest may accrue, if
any, You understand and agree that BestRawOrganic.com shall be
entitled to receive and keep any such amounts to cover costs
associated with the Prepaid Services.
You acknowledge that all transactions using Prepaid Services will
be conducted in U.S. Dollars and that it is Your responsibility to
arrange for foreign currency translations prior to funding Your
Account. Wire transfers received by BestRawOrganic.com
in foreign currencies will be returned and You will be responsible
for the cost of returning such funds. Your Account must be funded on
an initial basis with no less than one hundred dollars ($100.00),
paid in U.S. funds. You agree that You will be responsible for all
wire transfer fees, both incoming and outgoing, associated with Your
Account. Any non-U.S. wire transfers may be subject to fees by
either Your bank, intermediary banks or
BestRawOrganic.com’s bank, which may reduce the amount
of the money received by BestRawOrganic.com’s bank and
subsequently funded into Your Prepaid Account.
Customers funding a Account who wire $1,000 or more
shall not be subject to a $20 wire transfer processing fee from
BestRawOrganic.com . You hereby expressly give
BestRawOrganic.com permission to reduce Your Account by
the amount of wire transfer fees BestRawOrganic.com
incurs in order to receive Your funds. All fees are subject to
change and will be updated online in this Agreement.
Prepaid Services Accounts may, at our discretion, receive a 2%
discount on purchases (the "Cash Discount"). The Cash
Discount will be reflected in Your Account balance. Thus, purchases
will reduce the balance of Your Account by 98% of the total purchase
price of each transaction. For example, if Your Account is funded
with an initial amount of $100.00 and You make a $10.00 purchase,
Your Account will be reduced by only $9.80. BestRawOrganic.com
reserves the right to discontinue or change the Cash Discount at any
time, without notice.
- Your Use of Prepaid Services
Use of funds in Your Account can only be made through the
BestRawOrganic.com purchase process at
BestRawOrganic.com’s Web site. Purchases may not be
made unless there are sufficient, available funds in Your Account at
the time of purchase to cover the entire purchase amount, including
any related fees as set forth herein or in other relevant
agreements.
Additional funds may be added to Your Account at any time. The
minimum increment for funds transfers is one hundred dollars
($100.00).
You will be able to access Your Account activity and records from
the Manage Your Account link on BestRawOrganic.com’s
Web site. Your Account will show purchases and the amount of funds
remaining in Your Account. BestRawOrganic.com reserves
the right at all times to disclose any information about Your
Account as BestRawOrganic.com deems necessary to satisfy
any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or
materials, in whole or in part from Your Account, in the sole
discretion of BestRawOrganic.com .
- Specific Representations and Warranties
You agree that BestRawOrganic.com makes no representations or
warranties of any kind in connection with Prepaid Services. BestRawOrganic.com
expressly reserves the right to deny, cancel or
transfer any Account that it deems necessary, in its discretion, to
protect the integrity and stability of the Prepaid Services system,
to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of BestRawOrganic.com , as well as its
affiliates, subsidiaries, officers, directors and employees. BestRawOrganic.com
also reserves the right to freeze an Account during
resolution of a dispute.
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B. Payment By Check |
By using BestRawOrganic.com’s pay by check option (“Pay
By Check”), You can purchase BestRawOrganic.com Software
and Services using a personal check. In consideration for the Software
and Services purchased by You and provided to You by
BestRawOrganic.com , You agree to allow Paypal or Other Payment Company or Other Payment Company Check
Services, Inc. ("Paypal or Other Payment Company or Other Payment Company") to debit the full amount of this
transaction from Your checking account, which is non-refundable. Paypal or Other Payment Company or Other Payment Company
will create an electronic funds transfer (EFT) or bank draft which will
be presented to Your bank or financial institution for payment from Your
checking account. The checking account must be at a financial
institution in the United States, and the check must be payable in U.S.
dollars. It is Your responsibility to keep Your checking account current, and
to have available funds in it. You agree that any company we choose, Paypal or Other Payment Company and
BestRawOrganic.com will not be responsible for payments that fail to go through as
a result of Your checking account no longer existing, or holding
insufficient funds. If for any reason the aforementioned companies are unable to withdraw the
full amount owed for the Services provided, You agree that the aforementioned companies and
BestRawOrganic.com may pursue all available remedies in order to obtain
payment. You agree that if the EFT or bank draft is returned unpaid, You
will pay a service charge of $25.00 or the maximum amount allowed by
law, which may be debited from Your account using an EFT or bank draft.
The check may not be for less than the full amount required at that
time. Personal checks under $1,000 are subject to the same processing
fees as wire transfers. All personal checks may be delayed up to
fourteen (14) days until the money is credited, which may delay Your
usage of the Software or Services.
By clicking the box labeled “I agree” to the terms of the Pay by
Check terms, You authorize the information provided to be used for the
creation of an electronic funds transfer (EFT) or bank draft, and You
authorize a debit of THE FULL AMOUNT of this order from Your checking
account.
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C. Pay by Paypal or Other Payment Company |
If using BestRawOrganic.com’s pay by Paypal or Other Payment Company, Inc. (“Paypal or Other”)
option (“Pay by Paypal or Other”), it may be possible to purchase
BestRawOrganic.com Software and Services using Paypal or Other Payment Company. In
consideration for the Software and Services purchased by You and
provided to You by BestRawOrganic.com , You agree to allow
Paypal or Other Payment Company to debit the full amount of this transaction from Your Paypal or Other Payment Company
account balance or the Preferred Funding Source You established with
Paypal or Other Payment Company, which is non-refundable. It is Your responsibility to keep Your Paypal or Other Payment Company Account current, and to
have available funds in it. You agree that Paypal or Other Payment Company and BestRawOrganic.com
will not be responsible for payments that fail to go through as
a result of Your Funding Source no longer existing, or holding
insufficient funds. If for any reason Paypal or Other Payment Company is unable to withdraw the
full amount owed for the Services provided, You agree that Paypal or Other Payment Company and BestRawOrganic.com
may pursue all available remedies in order to obtain
payment. You agree that if the transaction is returned unpaid, You will
pay a service charge of $25.00 or the maximum amount allowed by law,
which may be debited from Your account by Paypal or Other Payment Company or charged to Your
Preferred Funding Source.
By clicking the box labeled “I agree” to the terms of the Pay by
Paypal or Other Payment Company terms, You authorize the information provided to be used for the
creation of an electronic funds transfer (EFT), and You authorize a
debit of THE FULL AMOUNT of Your order from Your Paypal or Other Payment Company Account or
Preferred Funding Source.
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10. REPRESENTATIONS AND WARRANTIES. |
You, or the individuals who electronically execute this Agreement on
behalf of You hereby represent and warrant that they have the right,
power, legal capacity and appropriate authority to enter into this
Agreement, and that they own and have not transferred to any other
person or entity any of the rights, claims or interests that are the
subject of this Agreement. You represent and warrant that You are 18
years of age or older, or that You have an agent authorized by law to
represent You who is 18 years of age or older who is entering into this
Agreement on Your behalf. You warrant that each action You make is being
done so in good faith and that You have no knowledge of it infringing
upon or conflicting with the legal rights of a third party or a third
party's trademark or trade name. BestRawOrganic.com expressly reserves the right to deny, cancel or
transfer any domain name registration that it deems necessary, in its
discretion, to protect the integrity and stability of the registry, to
comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of BestRawOrganic.com
, as well as its affiliates, subsidiaries, officers,
directors and employees. BestRawOrganic.com also reserves the right to
freeze a domain name during resolution of a dispute.
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11. LIMITATION OF LIABILITY . |
IN NO EVENT SHALL BestRawOrganic.com
BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING
NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH
OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR
INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR
OTHERWISE, EVEN IF BestRawOrganic.com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on
liability for damages as contained herein. In such states,
BestRawOrganic.com’s liability is limited to the full
extent permitted by law. You agree that in no event shall
BestRawOrganic.com’s maximum aggregate liability exceed
the total amount paid by You for the particular Software or Service in
dispute purchased from BestRawOrganic.com .
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12. DISCLAIMER OF WARRANTIES . |
BestRawOrganic.com expressly disclaims all warranties of any kind,
whether express or implied, including, but not limited to, the implied
warranties of merchantability, fitness for a particular purpose and
non-infringement. Services are provided on an "As Is" and
"As Available" basis. BestRawOrganic.com makes no warranty
that its services will meet your requirements, or that the services will
be uninterrupted, timely, secure, or error free, or that defects will be
corrected. BestRawOrganic.com does not warrant, nor make any
representations regarding the use, or results of, any of the services it
provides, in terms of their correctness, accuracy, reliability, or
otherwise. Some jurisdictions do not allow the disclaimer of implied warranties,
in which event that foregoing disclaimer may not apply to You.
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13. INDEMNIFICATION. |
You agree to defend, indemnify and hold harmless BestRawOrganic.com
and its contractors, agents, employees, officers, directors,
shareholders, and affiliates from any loss, liability, damages or
expense, including reasonable attorneys' fees, resulting from any third
party claim, action, proceeding or demand related to Your (including
Your agents affiliates, or anyone using Your account, software or
services with BestRawOrganic.com whether or not on Your behalf, and
whether or not with Your permission) use of the Software or Services You
purchased from BestRawOrganic.com or Your breach of this Agreement or
incorporated agreements and policies. In addition, You agree to
indemnify and hold BestRawOrganic.com harmless from any loss,
liability, damages or expense, including reasonable attorneys' fees,
arising out of any breach of any representation or warranty provided
herein, any negligence or willful misconduct by You, or any allegation
that Your account infringes a third person's copyright, trademark or
proprietary or intellectual property right, or misappropriates a third
person's trade secrets. This indemnification is in addition to any
indemnification required of You elsewhere. Should BestRawOrganic.com
be
notified of a pending law suit, or receive notice of the filing of a law
suit, BestRawOrganic.com may seek a written confirmation from You
concerning Your obligation to indemnify BestRawOrganic.com . Your
failure to provide such a confirmation may be considered a breach of
this agreement. You agree that BestRawOrganic.com shall have the right
to participate in the defense of any such claim through counsel of its
own choosing. You agree to notify BestRawOrganic.com of any such claim
promptly in writing and to allow BestRawOrganic.com to control the
proceedings. You agree to cooperate fully with BestRawOrganic.com
during such proceedings. You agree to cooperate fully with BestRawOrganic.com during such
proceedings. You agree You will not be entitled to a refund of any fees
paid to BestRawOrganic.com if, for any reason, BestRawOrganic.com
takes corrective action with respect to Your improper or illegal use of
its services. You also agree that if BestRawOrganic.com is notified
that a complaint has been filed with a governmental, administrative or
judicial body, regarding a Traffic Facts account of Yours with BestRawOrganic.com
, that BestRawOrganic.com , in its sole discretion, may
take whatever action BestRawOrganic.com deems necessary regarding
further modification, assignment of and/or control of your account to
comply with the actions or requirements of the governmental,
administrative or judicial body until such time as the dispute is
settled.
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14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY. |
This agreement shall be deemed entered into in the State of California.
Except for disputes concerning the user of a domain name registered with
BestRawOrganic.com , You agree that the laws and judicial decisions of San Diego
County, California, shall be used to determine the validity,
construction, interpretation and legal effect of this Agreement. You
agree that any action relating to or arising out of this Agreement shall
be brought in the courts of San Diego County, California. For the
adjudication of disputes concerning the use of any domain name
registered with BestRawOrganic.com, You agree to submit to jurisdiction
and venue in the U.S. District Court closest to San Diego, California. You agree to waive the right to trial by jury in any proceeding that
takes place relating to or arising out of this Agreement.
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15. NOTICES. |
You agree that all notices (except for notices concerning breach of
this Agreement) from BestRawOrganic.com to You may be posted on our Web
site. Notices concerning breach will be sent either to the email or
postal address You have on file with BestRawOrganic.com. In either
case, delivery shall be deemed to have been made five (5) days after the
date sent. Notices from You to BestRawOrganic.com shall be made by
email, sent to support.urgent@gmail.com
and admin@cdiservers.com, and first class mail to
BestRawOrganic.com’s address at:
CDI. PO Box 230115, Encinitas, CA. 92024
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16. HEADINGS. |
The headings in the Agreement are descriptive only and in the event
of a conflict between a heading and the underlying terms of this
Agreement, the terms of this Agreement shall control. |
17. ENTIRE AGREEMENT. |
You agree that this Agreement including the policies and agreements
it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the
complete and only Agreement between You and BestRawOrganic.com
regarding the Services contemplated herein. |
18. SEVERABILITY. |
You agree that the terms of this Agreement are severable. If any part
of this Agreement is determined to be unenforceable or invalid, that
part of the agreement will be interpreted in accordance with applicable
law as closely as possible, in line with the original intention of both
parties to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect. |
19. WAIVER. |
The failure of BestRawOrganic.com to enforce any of the provisions
within this Agreement or its incorporated agreements and policies
against You or others shall not be construed to be a waiver of the right
of BestRawOrganic.com thereafter to enforce such provisions. |
20. FORCE MAJEURE. |
BestRawOrganic.com will make every effort to keep its Web site and
Services operational. However, certain technical difficulties and other
factors outside of its control may, from time to time, result in
temporary service interruptions. You agree not to hold BestRawOrganic.com
liable for any of the consequences of such interruptions. |
21. SURVIVAL. |
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22
shall survive any termination or cancellation of this Agreement. |
22. NO THIRD PARTY BENEFICIARIES. |
Nothing in this Agreement, express or implied, is intended to confer
upon any third party any rights, remedies, obligations, or liabilities
under or by reason of this Agreement, except as expressly provided in
this Agreement. |
Copyright © CDI, BestRawOrganic.com, Ancillary Sites and Respective Owners, 2010. All Rights Reserved. |
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