THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.
By accessing and browsing any website (including, without limitation, mobile websites) on which these terms reside (collectively the “Site”), you accept, without limitation or qualification, the terms, conditions, policies and notices contained on this page (“Terms”).
Husk Organics LLC (“Husk Organics”) may, in its sole discretion, and at any time, discontinue this Site or any part thereof, with or without notice, or may prevent your use of this Site with or without notice to you. You agree that you do not have any rights in this Site and that Husk Organics will have no liability to you if this Site is discontinued or your ability to access the Site or any content you may have posted on the Site is terminated. You further agree that Husk Organics will not be liable for any modification or suspension of the Site.
Acceptance of Terms of Use. Husk Organics provides you with access to, and use of, the Site subject to all applicable laws and regulations and these Terms. By accessing or using the Site, you are bound by these Terms. If you do not accept each of the terms and conditions contained in these Terms without limitation, please exit the Site. These Terms supersede any other agreements you may have with Husk Organics regarding this subject matter.
Content Ownership. The content or other materials on the Site including, but not limited to, all text, audio, images and other materials or elements (collectively the "Content") are owned and copyrighted by Husk Organics and its licensors with all rights reserved. You have no right to use and shall not use the Content, except as provided in these Terms, without the prior written permission of Husk Organics.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Site (the “Marks”) are either the trademarks or service marks (registered or unregistered) of Husk Organics or its licensors unless otherwise stated herein. Husk Organics and its licensors expressly reserve all intellectual property rights in all Content on the Site. You have no right to use and shall not use such Marks contained on the Site without prior written permission of Husk Organics.
In its sole discretion, Husk Organics or its licensors may seek to fully enforce their intellectual property rights of the law, including the possibility of seeking criminal prosecution.
User Conduct. Husk Organics maintains the Site for your personal entertainment, information, education, and communication only and grants you a limited license to use the Site and to download Content solely for noncommercial, personal use; provided, however, that you retain all copyright and other proprietary notices contained on the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of Husk Organics, and that you do not download or use any images of people or places ("Images") displayed on the Site for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of Husk Organics. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and publicity, and related communications regulations and statutes.
From time to time on certain areas of our Site you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Husk Organics; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Husk Organics, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site. You further understand and agree that you have no ownership rights to any account you may have with us or other access to the Site or features therein. Husk Organics may cancel your account and delete all User Content associated with your account at any time, and without notice, if Husk Organics deems that you have violated these Terms, the law, or for any other reason. Husk Organics assumes no liability for any information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.
Content Submitted by Users. Any User Content and any other communication or material you transmit to Husk Organics at or through the Site or any social media pages that Husk Organics controls, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. By displaying, publishing, or otherwise posting any User Content on or through the Site or any social media pages that Husk Organics controls, you hereby grant to Husk Organics a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on the Site or social media page and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Husk Organics does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Husk Organics without the prior review and written approval of Husk Organics.
You agree to indemnify and hold Husk Organics, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Husk Organics or this Site.
Copyright Complaints. Husk Organics respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Husk Organics’ designated agent with the following information. Please be advised that to be effective, your notice must include ALL of the following: An electronic of physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; The location on the Site of the material that you claim is infringing; Your address, telephone number, and email address; A statement that your claim of infringement is based on a good faith belief; and A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Husk Organics’ designated agent for notice of claims of copyright infringement on the Site can be reached as follows:
Husk Organics Legal Department 2029 Century Park E Ste 400 Los Angeles CA 90067 Phone: (###) ###-#### Email: legal@huskorganics.com
Privacy. Your use of the Site is also subject to the Husk Organics Privacy Policy (the “Privacy Policy”). Husk Organics hereby incorporates the entirety of that Privacy Policy into these Terms.
Links to Third Party Sites. The Site may contain links to other Internet sites not under the ownership or editorial control of Husk Organics. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by Husk Organics of any products, services, advice or information available from such sites. Husk Organics does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release Husk Organics and its subsidiaries, affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of Husk Organics. Check the Uniform Resources Locator ("URL") address provided in your Worldwide Web browser to see if you are still in a Husk Organics Site or have moved to another third-party site.
EXCLUSION OF LIABILITY. NEITHER HUSK ORGANICS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY HUSK ORGANICS SITE AND YOUR USE OF ANY HUSK ORGANICS SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY HUSK ORGANICS SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. HUSK ORGANICS DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY HUSK ORGANICS SITE.
HUSK ORGANICS IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, HUSK ORGANICS IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
HUSK ORGANICS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
DISCLAIMER. THE CONTENT OF ANY HUSK ORGANICS SITE IS PROVIDED "AS IS, AS AVAILABLE" AND HUSK ORGANICS DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES: THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR PURPOSE; THE CONTENT IS ERROR-FREE AND ACCURATE; THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; DEFECTS WILL BE CORRECTED; THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE CONTENT; THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION BY THIRD PARTIES.
IN ADDITION TO THE ABOVE YOU (AND NOT HUSK ORGANICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO ONE OR MORE OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
Export Control. Software and other materials from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. Husk Organics does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.
Revisions to the Terms. Husk Organics may at any time, in its sole discretion and without notice, revise or modify these Terms or the Privacy Policy. You are bound by any such revisions and should periodically visit this Site to review the current Terms and Privacy Policy pages.
Health Related Information. Information accessible on this Site is for information only and is not intended to be a substitute for professional medical advice. Husk Organics does not endorse or warrant the validity of any such health related statements contained on the Site or any such information contained in third party sites referenced in the Site. Information is general in nature and may be helpful to some persons but not others, depending upon their personal medical needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.
Site Security. Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Husk Organics on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. Husk Organics may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Binding Arbitration. You and Husk Organics agree that all disputes, controversies and claims related to these Terms or your use of the Site (including the Privacy Policy) (each a “Claim”), shall be finally and exclusively resolved by confidential binding arbitration as described in this Section, which may be initiated by either party by sending a written notice requesting arbitration to the other party. The arbitration shall be conducted before one commercial arbitrator from JAMS, rather than by a court. The arbitration will be governed by the JAMS Streamlined Arbitration Rules & Procedures. Any election to arbitrate by one party shall be final and binding on the other.
YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.
The arbitration may be conducted in Los Angeles, California or, upon the plaintiff's request, in the city closest to plaintiff's location where JAMS maintains an office, unless the parties agree otherwise in writing. The arbitrator's award shall be final and binding on all parties subject to these Terms and may be entered as a judgment in any court of competent jurisdiction.
Notwithstanding anything to the contrary herein, to the extent the Dispute arises from: (a) a violation of your or Husk Organics's intellectual property rights in any manner; (b) any claim related to, or arising from, allegations of theft, piracy, unauthorized use or a violation of the Computer Fraud and Abuse Act; or (c) any claim for equitable relief; then both parties agree that a party may seek injunctive remedies (or an equivalent type of urgent legal relief) in a California state or federal court, consistent with the “Choice of Law” clause in section 16 below, and both parties consent to exclusive jurisdiction and venue in such courts. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
Choice of Law. Any claim relating in any way to these Terms and your use of this Site is governed by the laws of the State of California in the United States of America, without regard to its choice of law provisions. For any claims not subject to the terms of the Binding Arbitration clause in section 14 above, the parties agree that jurisdiction and venue in any legal proceeding relating in any way to these Terms or this Site shall be in the state or federal courts located in California.
Class Waiver. To the fullest extent permissible under applicable law, all Claims shall be resolved by binding confidential arbitration on an individual basis. You expressly agree that no other Claims shall be consolidated or joined with your Claims, whether through class arbitration proceedings or otherwise.
YOU AND HUSK ORGANICS AGREE THAT THERE IS NO RIGHT OR AUTHORITY FOR ANY CLAIM TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
General Terms. These Terms constitute the entire agreement between you and Husk Organics and governs your use of any Husk Organics Site. The failure of Husk Organics to exercise or enforce any right or provision of these Terms shall not constitute a wavier of any such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms and the surviving terms shall remain in full force and effect. Any claims arising under these Terms must be brought within one (1) year after such claim or action or action arose or be forever barred.
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