Wolfberry.org Terms of Use

Wolfberry.org are hereafter referred to as the "MERCHANT". The web site visitors, customers, and the person reading this (this means you), and buyers are hereafter referred to as the "CUSTOMER". The Return and Refund Policy and Terms of Use are hereafter referred to as the "AGREEMENT". The Web site www.wolfberry.org is hereafter referred to as the "Web site".

ATTENTION: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING USING THIS WEB SITE OR BUYING FROM THE MERCHANT SINCE EVEN USING OR SURFING THIS WEB SITE AND AGREEING BY USING AN ACCEPTANCE CHECKBOX DURING THE PURCHASE PROCESS INDICATES THAT YOU ACCEPT THIS AGREEMENT. YOU SHOULD RETURN AND RE-READ THIS AGREEMENT FREQUENTLY IF YOU ARE A CUSTOMER OF THE MERCHANT OR USER OF THIS WEB SITE, BECAUSE THEY ARE BINDING ON YOU.

This Agreement supersedes all prior proposals and understandings, oral or written and is the entire understanding between the MERCHANT and the CUSTOMER.

FRAUD
Any fraudulent activity and suspected fraudulent activity will result in the cancellation of the CUSTOMER order and initiation of any action deemed appropriate by the MERCHANT including civil and criminal proceedings. The CUSTOMER must be in possession of the credit card used for the transaction at the time of the order, if one is used. The shipping address must match the address on file with the credit card company for the CUSTOMER listed on the face card. The CUSTOMER to whom the credit card belongs must be physically present at the time the card is used to make a transaction and purchase. The CUSTOMER may be required to fax a copy of the credit card to the MERCHANT or the CUSTOMER order may be cancelled.

CUSTOMER IP addresses are record and tracked for fraud prevention purposes.

ORDER CANCELLATION
All sales are subject to review by the MERCHANT, and the MERCHANT reserves the right to cancel any CUSTOMER order for any reason at any time.

SALES and SHIPPING
Sales and Shipping is available anywhere at customer expense.

TIME TO ALLOW FOR SHIPPING
Please allow up to 6 weeks for delivery of product. Large orders, or orders containing one item that is back ordered may be delayed until the product is is stock. If we anticipate delay of shipment to be more than 14 days, we will contact you to alert you of the situation.

SHIPPING AND INSURANCE
All orders are shipped without insurance unless specifically requested by the CUSTOMER. The MERCHANT highly recommends you buy shipping insurance for your order.

USER SUBMISSIONS
The CUSTOMER must agree that any material, information or other communication you transmit or post to this Web site will be in accordance with the MERCHANT standards policy, which is as follows: The CUSTOMER is prohibited from posting or transmitting to or from this Web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

GENERAL NOTICE
The product names used in this Web site are for identification purposes only and may be trademarks of their respective companies.

ERRORS AND OMMISSIONS
The MERCHANT does not guarantee the accuracy of any of the product descriptions, information, details, specifications, and pricingposted at www.wolfberry.org. Upon discovery of an error, the CUSTOMER will be contacted by the MERCHANT and given the chance to accept the order as is, cancel the order, or pay more in the event of a pricing error if the amount charged the CUSTOMER is not sufficient to cover the error. If the CUSTOMER is overcharged because of an error the difference will be issued to the CUSTOMER by cheque or refunded to the credit card at the sole discretion of the MERCHANT. In the event of a dispute about the features of an item, the features as listed at the manufacturers Web site will be accepted as correct.

Disclaimer. THE SERVICES PROVIDED BY THE MERCHANT ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MERCHANT WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM CUSTOMER USE OF ITS SERVICES. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE WEB SITE OR SERVERS OR ANY SOFTWARE THAT THE MERCHANT PROVIDES FOR YOUR USE WHETHER DIRECTLY, INDIRECTLY, OR REMOTELY, - USE OF (OR INABILITY TO USE) ANY WEB SITE TO WHICH YOU HAVE RUNNING ON OUR SERVER(S); - FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE. FURTHER, WE ARE NOT LIABLE FOR DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").

Limitation of Liability. IN NO EVENT WILL THE MERCHANT, OR OTHER THIRD PARTIES MENTIONED HEREIN BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, ANY WEB SITES RUNNING ON OUR SERVERS WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification CUSTOMER will defend, indemnify, and hold harmless MERCHANT, and their respective directors, officers, technology partners, employees, affiliates, and agents from all claims, actions, losses, liability, damages, costs, and expenses (including reasonable attorney's fees and expenses) arising from any provision or claim of this Agreement. Without limiting the generality of the foregoing, CUSTOMER shall indemnify and hold harmless MERCHANT against liabilities arising from the following: (i) the products or services provided by CUSTOMER in connection with MERCHANT; (ii) any actual or alleged defamatory or illegal material provided by CUSTOMER for placement on, or in connection with MERCHANT; and (iii) any material provided by CUSTOMER on, or in connection with MERCHANT, that actually or allegedly infringes on the intellectual property or personal rights of a third party. Each party agrees to (i) promptly notify the other party in writing of any indemnifiable claim and give the other party the opportunity to defend or negotiate a settlement of any such claim at the party's sole expense, and (ii) cooperate fully with the other party in defending or settling such claim; MERCHANT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification.

General. The MERCHANT may revise this Agreement at any time by updating this posting. You should visit this page from time to time to review the then-current Agreement because it is binding on you.

Failure by the MERCHANT to insist upon strict performance or observance of any part of the Agreement extended shall not be construed as a waiver or relinquishment for the future of any Agreement, terms, provisions, or covenants, but the same shall continue to remain in full force and effect.

CUSTOMER agrees that no suit shall be brought against the MERCHANT without first having given binding arbitration 45 days to succeed in resolving any issue(s) between the CUSTOMER and MERCHANT using an independent arbitrator appointed by the MERCHANT.

This Agreement will be governed and constructed in accordance with the laws of the Province of British Columbia without regard to the conflicts of laws or principles thereof. Any suit brought about hereon shall be brought in the Provincial or Federal courts sitting in the city of Courtenay, Province of British Columbia, Canada. CUSTOMER agrees to pay all costs including court costs and attorneys fees.

 
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