Terms of Use Agreement

TERMS OF USE AGREEMENT

Natural Organic Warehouse, LLC is the owner and operator of this website, www.naturalorganicwarehouse.com.

BINDING AGREEMENT.

BY BROWSING, ACCESSING OR OTHERWISE USING THE Natural Organic Warehouse Inc. WEBSITE, ("the Site") YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Natural Organic Warehouse, LLC operates the Site, subject to the following TERMS OF USE AGREEMENT ("Agreement") concerning the use of the Site. If you are not willing to accept the terms of this Agreement, do not use the Site.

The information contained on the Site is subject to change without notice. The information on the Site is provided by Natural Organic Warehouse, LLC as a service and while we make reasonable effort to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the Site or the information, products, services, or related graphics contained on the Site for any purpose. Any reliance you place on such information is therefore strictly at your own risk. Reasonable effort is made to keep the Site up and running smoothly. However, Natural Organic Warehouse, LLC takes no responsibility for, and will not be liable for, the Site being unavailable due to technical issues beyond our control.

ALL SALES ARE FINAL. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Unless otherwise provided for in writing, all sales are final and there are no refunds, returns or credit for items or services ordered. Cancellation of any order will be subject to a service fee of up to 10% of the order total. Shipping and Handling costs are not refundable. Any order that you submit shall be subject to the terms of this Agreement. Any order accepted and any products shipped by Natural Organic Warehouse,LLC, shall be subject to the terms of this Agreement.

PRODUCT DESCRIPTIONS.

Natural Organic Warehouse, LLC, its suppliers and affiliates attempt to be as accurate as possible. However, Natural Organic Warehouse, LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.

ALL PRICES IN US DOLLARS.

CHANGES IN PRICES, PROMOTIONS AND POLICIES.

Natural Organic Warehouse, LLC may change prices, promotions, and/or policies at any time or from time to time without advance notice. All such changes will be posted on the www.naturalorganicwarehouse.com website where applicable and will be effective when posted. Your continued use of the Site constitutes your affirmation that you have read and understood such notices and agree to the terms contained therein.

SALES TAX.

Sales tax is only required for orders shipping into states where we have or may have nexus for state tax purposes and under applicable laws. Therefore all orders shipping into Missouri and Texas will be charged applicable sales tax according to the applicable tax rate, unless we're provided valid Resale Sales Tax Exemption or Agriculture Sales Tax Exemption documentation, and any other documentation required, authorizing exemption from sales tax collection. There may be other laws requiring collection of sales tax in certain states and we will collect sales taxes in accordance with those laws as well.

ORDER ACCEPTANCE OR REJECTION.

Natural Organic Warehouse, LLC., reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason. Certain products may not be available to ship to all states.

DISCLAIMER OF OTHER WARRANTIES.

NATURAL ORGANIC WAREHOUSE, LLC, IS A DISTRIBUTOR ONLY. PRODUCTS SOLD BY NATURAL ORGANIC WAREHOUSE INC. ARE NOT MANUFACTURED BY NATURAL ORGANIC WAREHOUSE, LLC. ALL PRODUCTS AND SERVICES SOLD THROUGH NATURAL ORGANIC WAREHOUSE, LLC ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED IN ANY STATE OR TERRITORY WHERE A PRODUCT IS SOLD, THE DURATION OF SUCH IMPLIED WARRANTY SHALL BE LIMITED TO THIRTY (30) DAYS, IF PERMITTED IN THAT STATE OR TERRITORY. THE ENTIRE RISK AS TO THE QUALITY, SELECTION AND PERFORMANCE OF ANY PRODUCTS OR SERVICES PURCHASED OR NOT PURCHASED FROM NATURAL ORGANIC WAREHOUSE, LLC UNDER THIS AGREEMENT IS WITH YOU.

SOME STATES, SUCH AS KANSAS (IF YOU ARE A "CONSUMER" AS DEFINED UNDER KANSAS LAW), DO NOT ALLOW EXCLUSION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR WHEN AN ACTION FOR BREACH OF IMPLIED WARRANTY OR BREACH OF CONTRACT MUST BE COMMENCED, SO THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU DEPENDING ON THE APPLICABLE LAW IN THE STATE OR TERRITORY IN WHICH YOU RESIDE.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Natural Organic Warehouse, LLC, AND ITS SUPPLIERS SHALL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO, LOSS DUE TO THE USE OF THIS SITE OR ANY THIRD PARTY LINKED SITE, LOSS OF USE OF ANY PRODUCTS OR SERVICES PURCHASED UNDER THIS AGREEMENT, FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOST PROFITS, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES of any kind (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOOD WILL, WORK STOPPAGE, BUSINESS INTERRUPTION, CROP LOSS OR YIELD REDUCTION, FIELD DAMAGE, SOIL DAMAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF INFORMATION OR DATA CONTAINED IN, STORED ON, OR INTEGRATED WITH ANY COMPUTER OR OTHER PRODUCT, OR OTHER PECUNIARY LOSS OF ANY KIND) OR ANY OTHER DAMAGES OR LOSSES RESULTING FROM THE USE OR INABILITY TO USE ANY PRODUCT OR SERVICE PURCHASED FROM Natural Organic Warehouse, LLC UNDER THIS AGREEMENT OR RESULTING FROM ANY SERVICES PROVIDED OR NOT PROVIDED UNDER THIS AGREEMENT OR FOR BREACH OF ANY OTHER PROVISION OF THIS AGREEMENT, EVEN IF Natural Organic Warehouse, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION FOR BREACH OF ANY OTHER PROVISION OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR FROM THE DATE OF BREACH OR ELSE BE BARRED BY THE STATUTE OF LIMITATIONS.

SOME STATES, SUCH AS KANSAS (IF YOU ARE A "CONSUMER" AS DEFINED UNDER KANSAS LAW), DO NOT ALLOW EXCLUSION OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR WHEN AN ACTION FOR BREACH OF IMPLIED WARRANTY OR BREACH OF CONTRACT MUST BE COMMENCED, SO THE FOREGOING LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU DEPENDING ON THE APPLICABLE LAW IN THE STATE OR TERRITORY IN WHICH YOU RESIDE.

THIS AGREEMENT DOES NOT PROVIDE YOU WITH THE RIGHT TO USE ANY TRADEMARKS OF Natural Organic Warehouse, LLC.

Natural Organic Warehouse, LLC and the Natural Organic Warehouse, LLC logo (collectively "Natural Organic Warehouse, LLC Trademarks") are registered trademarks of Natural Organic Warehouse, LLC. This Agreement does not grant you a license or give you permission to use the Natural Organic Warehouse, LLC Trademarks. No party is authorized to use any of the Natural Organic Warehouse, LLC Trademarks without first obtaining express written permission from Natural Organic Warehouse, LLC to use the Natural Organic Warehouse, LLC Trademarks. If you are interested in obtaining a license to use the Natural Organic Warehouse, LLC Trademarks, please contact Natural Organic Warehouse, LLC at info@naturalorganicwarehouse.com.

CONTENT USE; COPYRIGHT NOTICE.

Contents of the Site may be viewed, downloaded, printed by you subject to the following conditions: i) the purpose for doing so is informational only, and ii) no content may be altered or modified. Any republishing, distribution, or usage of content on this Site, unless prior written approval is obtained from Natural Organic Warehouse, LLC is not permitted.

PRIVACY.

Natural Organic Warehouse, LLC has a Privacy Policy which can be viewed here.

THIRD PARTY WEBSITES.

Through this website you are able to link to other third party websites which are not under the control of Natural Organic Warehouse, LLC These links to other websites are provided for your convenience only. We have no control over the nature, content, accuracy and availability of those sites. The inclusion of any third party links on the Site does not imply a recommendation or endorse the views expressed within them. You agree that we are not responsible for the content, links, privacy practices of these third party sites or the accuracy of the information located on those websites. You further agree that Natural Organic Warehouse, LLC will not be held liable for any loss or damage of any kind related to your use of any third party websites or the content therein. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every website that collects personally identifiable information.

GOVERNING LAW, VENUE, AND ENFORCEABILITY.

If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This Agreement, shall be interpreted under the laws of the United States and the State of Missouri except, however, as to whether the implied warranties of merchantability and fitness for a particular purpose may be disclaimed and whether remedies for breach of such warranties may be limited, all of which shall be governed by the laws of the state where you purchased the product. You agree that any action to interpret or to enforce this Agreement shall be brought in a court of competent jurisdiction in O'Fallon, St. Charles County, Missouri.

FORCE MAJEURE.

Natural Organic Warehouse, LLC shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond the control of Natural Organic Warehouse, LLC including, but not limited to acts of God, war, terrorist activities, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, epidemics, pests, diseases, fire, flood, tornado, lightning, earthquake, force of nature, brown-outs, black-outs, electrical outage caused by infrastructure failures or other causes, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between the parties with respect to all products and services offered by and purchased from Natural Organic Warehouse, LLC This Agreement supersedes all prior or contemporaneous understandings, writings, proposals, representations or communications, oral or written, made by either party regarding the subject matter of this Agreement. No amendment to or modification of this Agreement shall be effective unless in writing and signed by both parties.

MISCELLANEOUS.

The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. No provision of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by Natural Organic Warehouse, LLC, or a duly authorized representative of Natural Organic Warehouse, LLC You may not assign the benefits of this Agreement to any other party.

INDEMNIFICATION.

You agree to defend, indemnify, and hold harmless Natural Organic Warehouse, LLC, its employees, attorneys, and agents ("Indemnitees") against all claims, expenses, liabilities, losses, costs, and damages, including reasonable attorney's fees, that the Indemnitees may incur in connection with your use of the Site or any hyperlinked web site.

CUSTOMER CONTACT INFORMATION.

To request information about Natural Organic Warehouse, LLC or if you have questions about the Terms of Use, please contact us in writing or by electronic-mail at:

Natural Organic Warehouse, LLC

P.O. Box 261

O'Fallon, Missouri 63366

ATTN: Natural Organic Warehouse, LLC Customer Inquiry.

contact@naturalorganicwarehouse.com

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