TERMS OF SERVICE (“TERMS”)
Last modified: October 1 2019
Thank you for using our products and services (“Services”). The Services are provided by SunGold Botanicals LLC located at 3200 West Hills Rd, Philomath, Oregon 97370.
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the website, sgborganics.com and associated website addresses, operated by SunGold Botanicals LLC (“us”, “we”, or “our”).
Your access to and use of the Services are conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access, view or use the Services. Only persons age twenty-one (21) or older have permission to access our Services.
By accessing, viewing or using the Services you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access, view or use the Services.
These Terms are subject to change without prior notification.
By creating an Account on our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us through the website.
If you wish to purchase any product or service made available through the Services (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reason(s).
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Product Tetrahydrocannabinol (THC) Content
Products contain no more than 0.3% tetrahydrocannabinol (THC). Products comply with State of Oregon Department of Agriculture THC limits for in state sales.
If you are not 100% satisfied with your purchase, you can return the product and get a full or partial refund or exchange the product for another one. Please contact us for details on returning the product. You are responsible for any difference in cost if another product is selected. Also, you are responsible for the return shipping of the product. If a replacement product is selected, the shipping of the replacement product will be charged to you as if it is a new order.
You can return a product for up to thirty (30) days from the date you purchased it.
Any product you return must be in the same condition you received it, unopened and in the original packaging. Please keep the receipt.
Refund of either full or partial credit will be done electronically where possible and in our discretion. The amount refunded will be credited back to the card used during the purchase of the product.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Services. We may experience delays in updating information on the Services and in our advertising on other web sites. The information found on the Services may contain errors or inaccuracies and may not be complete or current. The information is provided ‘as is’ without warranty of any kind. Products or services may be mispriced, described inaccurately, or unavailable on the Services and we cannot guarantee the accuracy or completeness of any information found on the Services.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Our Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Services, including its legality, reliability, and appropriateness.
By posting Content on or through the Services, you represent and warrant that:
the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms
and that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright
You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Services. However, by posting Content using the Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Services. You agree that this license includes the right for us to make your Content available to other users of the Services, who may also use your Content subject to these Terms.
SunGold Botanicals LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Services are the property of SunGold Botanicals LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from SunGold Botanicals LLC.
When you create an account with us, you guarantee that you are at least the age of twenty-one (21), and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Services or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is restricted, offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Services and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SunGold Botanicals LLC and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SunGold Botanicals LLC.
Links To Other Web Sites
Our Services may contain links to third-party web sites or services that are not owned or controlled by SunGold Botanicals LLC.
SunGold Botanicals LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that SunGold Botanicals 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 use of or reliance on any such content, information, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Services.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless SunGold Botanicals LLC and its licensee and licensors, and their employees, contractors, agents, officers, managers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
your use and access of the Services, by you or any person using your account and password;
a breach of these Terms;
or, content posted on the Services
Limitation of Liability
In no event shall SunGold Botanicals LLC, nor its directors, managers, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including but not limited to and without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
the use or misuse of our Products and Services
your access to or use of, or, inability to access or use the Services;
any conduct or content of any third-party on the Services;
any content and information obtained from the Services;
unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose
Your access, view and use of the Services are at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. SunGold Botanicals LLC does not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the information contained on this website.
Product disclaimer is located in our Disclaimer found on this website.
SunGold Botanicals LLC its subsidiaries, affiliates, and its licensors do not warrant that:
the Services will function uninterrupted, secure or available at any particular time or location;
any errors or defects will be corrected;
the Services are free of viruses or other harmful components;
or, the results of using the Services will meet your requirements
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Oregon, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
This Site may be accessed from countries other than the forty-eight (48) contiguous United States or the District of Columbia. This Site may contain products or references to products that are not available outside of the forty-eight (48) contiguous United States or the District of Columbia. Any such references do not imply that such products will be made available outside the forty-eight (48) contiguous United States or the District of Columbia. If you access and use this Site outside the forty-eight (48) contiguous United States or the District of Columbia, you are responsible for complying with your local laws and regulations.
We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least thirty (30) days of notice prior to any new terms taking effect. What constitutes a material change will be determined by the sole discretion of SunGold Botanicals LLC.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.
If you have any questions about these Terms, please contact us though the website.