Terms and Conditions
Overview
The Wheat Revival Company (“we,” “us,” or “our”) provides organic einkorn wheat products under the brandname; Revival Einkorn™ and on this website: revivaleinkorn.com. By using the Revival Einkorn website and any of the information and services offered through the website (“services”), you agree to be bound by this Agreement. The success of the services, however, depends on the adherence to the terms of this Agreement by you and other Users (collectively “you,” “your,” or “Users”).
1. Online Store Terms
By accessing or using our services in any way, clicking on a button or taking similar action to signify your affirmative acceptance of this Agreement, you hereby represent that:
a. You have read, understand, and agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time at this link or through the services;
b. You are 16 or older or have the permission of a parent or guardian;
c. You have the authority to enter into the Agreement personally. If you do not agree to be bound by the Agreement, you may not access or use the Services; and we ask you to kindly leave the website.
d. You will comply with all applicable laws, including those of the country, state and city in which you are present while using the services.
2. Access
By entering into this Agreement, you will be granted access the website (services) without charge. Your access privileges, however, are conditioned on your following the terms of this Agreement. We reserve the right to temporarily deny you access to the services or permanently terminate your access privileges at any time if, you have failed to abide by the terms of this Agreement. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain the services, and we expressly reserve the right to modify, suspend, or terminate access privileges at any time.
b. Prohibited Uses. You understand, acknowledge and agree that any access or use of the services shall be for your personal, non-commercial use only, and that you will not commercially exploit any of the services.
c. Privileges Nontransferable. Your access privileges are not transferrable to any third parties.
d. Passwords & Security. You agree not to disclose your confidential password to anyone and to notify us if there has been a breach of your security.
3. Acceptable Use
By using this website (services), you agree that:
• You will only use it for lawful purposes, and not for deceptive or fraudulent purposes; you will not send or store any unlawful material.
• You will not copy or distribute any content displayed through the website.
• You will not use the website, or any content accessible through the website, for a commercial purpose, including contacting, advertising to, selling to, any of our users.
• You will not violate the privacy rights of another individual.
• The information you provide to us is accurate.
• You will not use the website in any way that could damage, disable, or impair our servers, or the networks connected to any of our servers.
• You will not attempt to gain unauthorized access to any part of the website, account, resource, computer system and/or network connected to any of our servers.
• You will report any errors, bugs, unauthorized access or any breach of our intellectual property rights that you uncover in your use of the website.
• You will not create multiple accounts, or act as another person or entity without authorization.
• Your self-submitted content (“User Content”) does not contain inappropriate or un-related material.
• Your User Content does not violate any state or federal law.
• Your User Content does not contain images or video files, or any other content that is excessive in size.
4. User Submissions & Content
We may provide users with interactive opportunities through our services. If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You agree to defend and indemnify us from any claims, damages, or costs arising from any submission received by us from you.
5. Copyrights & Trademarks
Unless otherwise stated, the contents of this site including, but not limited to, the text and images contained herein and their arrangement are the property of The Wheat Revival Company. All trademarks used or referred to in this website are the property of their respective owners.
This site and the content provided in this site (or services), including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of The Wheat Revival Company. Content can be used solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices.
The contents of this site may from time to time contain documents, images, information and other materials not proprietary to The Wheat Revival Company, such as photographs, clip art, film clips, musical passages, or the names, trade names, trademarks, logos or designations of third parties. All such materials will be referred to as "Non-WRC Materials." Non-WRC Materials may also include from time to time articles, data, information, images, artwork, graphics, music, audio or other elements published in newspapers, magazines or other media or venues, and may include the name, trade name or trademark of the medium or venue in which such materials were published. Any use whatsoever of any Non-WRC Materials is strictly prohibited unless the prior written permission of the appropriate third parties has been secured.
6. Third-Party Links
Certain content, products and services available via our services may include materials from third-parties.
Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
7. Omissions, Typos, or Inaccuracies
Occasionally there may be information on our site or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the services is inaccurate.
8. Limitation of Liability
We do not guarantee, represent or warrant that your use of our services will be uninterrupted, secure, or error-free.
• The user agrees that occasionally we may remove the services for indefinite periods of time and/or cancel the service at any time, without notice to the user.
• The user expressly agrees that the use of, or inability to use, the service is at the user’s sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use.
In no case shall The Wheat Revival Company, Revival Einkorn, our directors, officers, employees, suppliers, and service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
9. General
• No joint venture, partnership, employment, or agency relationship exists between you, The Wheat Revival Company or any third-party provider as a result of this Agreement or use of the Services.
• This Agreement is governed by the laws of the State of California consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.
• Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
• For contractual purposes, you (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
• This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
10. California Electronic Commerce Disclosure to Consumers
Under California Civil Code § 1789.3, California consumers are entitled to the following disclosures.
The name of the provider of these Sites and services is:
The Wheat Revival Company
PO Box 235645
Encinitas CA 92023-5645
To resolve any complaints about your use of these Sites and our services, please contact us using the available contact methods in the Contact Information section below.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834