Terms and Conditions of Use
LEBANON SEABOARD CORPORATION
(Last updated on February 28, 2017)
PLEASE CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) BEFORE USING THIS WEBSITE as they contain IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
- THIS IS AN AGREEMENT BETWEEN YOU AND LEBANON SEABOARD
Lebanon Seaboard Corporation, a Pennsylvania corporation (referred to as "us", "we", or "our" as the context may require), is the owner and operator of this Site and any other website that links to these Terms (collectively, the “Site”). By accessing or using the Site, you agree to be bound by these Terms and all of the terms and conditions incorporated herein by reference. If you are using the Site on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
These Terms apply to your use of the Site as well as the order and purchase of the goods and services made available through the Site (collectively, the “Products”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any Products or otherwise. You are prohibited from ordering from this Site if you (i) do not agree to these Terms, (ii) are not 18 years of age or older, or (iii) do not possess the capacity to form a legally binding contract with us.
- HOW WE MAY MODIFY THESE TERMS AND THE PRODUCTS
We reserve the right to change the terms, conditions, and notices under which we offer the Site and Products at any time, for any reason, and without notice. Such modifications shall be deemed effective immediately upon posting of the modified terms. The latest version of these Terms will be posted on this Site, and you are responsible for regularly reviewing these Terms, because your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes. If, at any time, you do not wish to accept these Terms, you should immediately discontinue any use of the Site. Any terms and conditions proposed by you which are in addition to or which conflict with these Terms are expressly rejected by us and shall be of no force or effect.
- OUR PRIVACY PRACTICES
- LINKS; THIRD PARTY SERVICES
Certain portions of the Site contain features and functionality that may link to or be provided from a third party, including without limitation any shopping cart, payment processors, review solicitors, servers, networks, and systems (collectively, “Third Party Providers”). We provide access to these Third Party Services to you as a convenience only and we do not, in any way, control or manage such Third Party Services. As such, we are not responsible for the content, functionality, accuracy, truthfulness, or availability of such Third Party Services or any link contained therein, and as such we cannot be responsible for the content, security, terms or privacy policies of such Third Party Services.
- INFORMATION YOU SUBMIT
All information you submit to us or Third Party Providers, including registration, purchase and Product review information, shall be true, accurate and complete. No such information may (i) contain vulgar, obscene, threatening, or otherwise unlawful language or material; (ii) reasonably be deemed threatening, abusive, harassing, vulgar, hateful, or racially, ethnically, or otherwise offensive or discriminatory; (iii) be tortuous, defamatory, libelous, invasive of another person’s privacy, or violate another person’s publicity rights; (iv) bear any false, disguised, or misleading origin; (v) infringe upon or misappropriate a third party’s intellectual property or other proprietary rights, or (v) be confidential and you do not have a right to disclose.
By sending content, information or material to the Site or our Third Party Providers, you hereby grant us and our Third Party Providers an unrestricted, irrevocable, transferable, fully-paid, royalty-free and worldwide license to use, reproduce, broadcast, display, perform, modify, translate, transmit, create derivative works based upon, promote and/or distribute such information in any medium now known or hereafter devised, for editorial, commercial, promotional and all other purposes. You represent and warrant that you own or otherwise possess sufficient rights to such information in order to make such grant and that we and our third party service providers are free to use ideas, concepts, know-how or techniques that you submit without any compensation or acknowledgment. You waive any right to inspect or approve uses of the information you submit or to be compensated for any such uses. We are under no obligation to give credit to you as the source of such information.
We reserve the right in our sole discretion and without obligation to monitor the information you submit to ensure conformity with these Terms and any applicable laws, rules and regulations of any government having proper jurisdiction. We have the right, but not the obligation, to refuse to post, edit, delete, or remove information you have submitted, including without limitation ratings and reviews.
As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. By ways of example, and not as a limitation, you agree:
- Not to transmit or upload any material to the Site that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs;
- Not to interfere with or disrupt the Site networks or servers;
- Not to delete any legal notices, disclaimers or proprietary notices
- Not to misrepresent your identity or credit information;
- Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
- Not to submit materials that are false or misleading; and
- Not to interfere with our or another authorized party's use and enjoyment of the Site.
- RATINGS AND REVIEWS
The Site and its Third Party Providers allow you to rate Products and/or write a Product review based on your personal experience with that Product. Approved Product ratings and reviews are posted on the Product category pages in addition to the product detail page of the Product it is referencing. Product ratings and reviews should be made only by individuals who have actual experience with the Product. Our employees, contractors, vendors, directors, investors and any other individual with a vested interest in us are strongly discouraged from submissions. Approved ratings and reviews will remain visible on the Site product page as long as the Product is presented online. We do not endorse any ratings provided on the Site.
- PRODUCT ORDER ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all Products listed in your order. All orders must be accepted by us or we will not be obligated to sell the Products to you.
We may, in our sole discretion, choose not to accept any orders or limit or cancel items or quantities purchased per person, per household or per order. We also reserve the right to reject any order you place with us. These restrictions may include orders placed by the same Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail, phone and/or billing address provided at the time the order was made. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation e-mail. In the event the email is undeliverable, we will attempt to contact you by phone or by mail. You have the option to cancel your order at any time before we have sent your order confirmation e-mail by calling our customer service representatives at 1-800-233-1067.
We reserve the right to discontinue the sale of any product listed on the Site at any time without notice. You acknowledge that there may be a period of time after an order has been submitted where the ordered product becomes unavailable. Products may be substituted and may not always exactly match Site descriptions and/or images. If a Product is not in stock or is otherwise unavailable for shipment following completion of the ordering process, you will be contacted to discuss the cancellation of your order under such circumstances. You agree that we may cancel your order before or after completion of the order process. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. If we cancel an order after a shipping confirmation has been sent to you, we will refund all fees paid by you for the canceled Products.
- SUBSCRIPTION PROGRAM
We offer various Products, including lawn and garden products for purchase on a subscription basis (“Subscriptions”). The frequency by which a Subscription purchases and ships a Product is selected by purchaser during the checkout process. All rights and privileges conferred by a Subscription are personal and non-transferable.
Our Subscriptions provide reoccurring purchase and delivery of Products either on a schedule you choose, or at such intervals as we determine in our sole discretion based on a variety of factors, including, without limitation, seasonal factors, weather conditions, and appropriate timing for use of the Products. We will provide you with at least seven (7) days prior written notice by email of an upcoming purchase, charge, and shipment of a Product by Subscription. If you do not cancel at that time, your continued use of the Subscription reaffirms that we are authorized to charge your original payment method for such Subscription. We may submit, and you are responsible for, those charges for payment and any shipping and handling costs and sales taxes that may be imposed on your purchase of Products by Subscription. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Subscription.
The price that we will charge you for the Products by Subscription will be the price in effect during your initial purchase or at the time we notify you by email of the impending Subscription shipment of the Products. We reserve the right to change prices for Products by Subscription at any time, and do not provide price protection or refunds in the event of promotions or price decreases.
You agree to pay all fees charged to your account based on the pricing for the Products by Subscription in effect at the time we notify you of a shipment of Products. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products based on the address that you provide as the shipping address when you register for the Subscription, and you authorize us or the Third Party Provider for payment processing that we engage to charge the payment method provided when you signed up for the Subscription. All payments shall be made by your selected payment method in advance of shipping the Products. If you do not pay on time or if your payment method cannot be charged for any reason, we reserve the right to either suspend or terminate your Subscription.
You acknowledge and agree that the Subscription shall continue in full force and effect until you terminate the Subscription pursuant to the instructions set forth below.
We may terminate your Subscription at our discretion without prior notice by sending you an email to that effect. If we do so, you will only be charged for orders that have been dispatched to you prior to such termination.
- PRICES AND PAYMENT TERMS
All prices posted on this Site are subject to change without notice. Such prices are quoted in United States dollars and are valid and effective only within the United States. The price charged for a Product will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by our Third Party Provider of payment processing services before our acceptance of an order. Visa, Mastercard, American Express and Discover cards are accepted for all purchases. You represent and warrant that (i) the credit card information you supplied is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
- SHIPMENTS AND DELIVERY
We will arrange for shipment of the Products to you. Shipping costs are charged, based on the published shipping rates within the Shipping & Delivery section of the website. Shipping & Handling charges to be applied to your order are first outlined in the Shopping Cart within the Order Summary section. A complete shipping rates chart & terms can be found by clicking Shipping & Delivery in the HELP section at the bottom of every page. These published rates do not apply in situations where a promotional shipping offer is applied to an order.
We offer shipping to all United States addresses, excluding Alaska and Hawaii. We do not ship orders outside the United States. We do not ship orders to APO/FPO addresses or P.O. boxes. Order information such as a billing or shipping address that is inaccurate or incomplete may result in delays. Products cannot be shipped to incomplete addresses. We are not liable for late or lost deliveries.
- RETURNS, DAMAGES, LOST SHIPMENTS, AND MONEY-BACK GUARANTEE
If you have a return, damaged shipment, or lost shipment please contact us using the methods listed below for information on the action needed.
Except in cases where the return is the result of an order processing error or the item arrives damaged or defective, original shipping charges are non-refundable. Please promptly report items that are damaged or missing, but no later than 10 days of delivery.
We reserve the right to request proof of delivery. Refund checks can be expected within 4 to 6 weeks after we receive your request.
GreenView guarantees you will be satisfied with the performance of product sold on GreenViewFertilizer.com when used as directed or your money back. If not satisfied contact us at one of the methods below for a refund:
By phone: 1-800-233-1067
By email: firstname.lastname@example.org
By mail: Attn: Customer Service
Lebanon Seaboard Corporation
1600 East Cumberland Street
Lebanon, PA 17042
- PRODUCT SUITABILITY
Some states and localities have codes and regulations governing sales, and/or use of Products for certain purposes, which may vary from those in neighboring areas. While we attempt to ensure that our Products comply with such codes, we cannot guarantee compliance and cannot be responsible for how the Product is used. Before purchase and use of a product, please review the product application, national and local codes and regulations to be sure that the Product and your intended use will comply with them.
- LIMITED WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE WARRANTY, IF ANY, FOR A PRODUCT WILL BE INCLUDED IN THE DOCUMENTATION OR PACKAGING ACCOMPANYING THE PRODUCT. OUR RESPONSIBILITY FOR DEFECTIVE PRODUCT IS LIMITED TO REPLACEMENT OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR ANY OF OUR AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OR DURATION OF THIS LIMITED WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE PROVIDE THE SITE AND PRODUCTS "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, SECURITY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. WE DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE AND NON-INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE PLATFORM AND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE PLATFORM OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE.
WE CANNOT AND DO NOT WARRANT THAT INFORMATION SUPPLIED BY YOU, INCLUDING ANY PERSONAL OR FINANCIAL INFORMATION, WILL NOT BE INTERCEPTED, DELETED, MISAPPROPRIATED OR USED BY OTHERS.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE YOU ACCESS AND USE OF THE SITE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR USE OF THE SERVICE OR THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US WITH RESPECT TO THESE TERMS OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE GREATER OF (i) THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE IN THE PRIOR TWELVE (12) MONTHS, OR (ii) ONE HUNDRED UNITED STATES DOLLARS ($100.00).
You agree to release, indemnify, defend and hold harmless us, our parent, subsidiaries and affiliates, and our and their respective shareholders, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable legal fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of (i) any information that you submit, post, transmit, modify or otherwise make available through the Site, (ii) your use of the Site or Products, or (iii) any breach by you of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section.
- PRODUCTS NOT FOR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you will not offer any product purchased from the site for export.
- PROMOTIONAL CODES
From time to time, we may create promotional or discount codes that may be redeemed for Products, subject to any additional terms that we establish on a per promotional code basis ("Promotional Codes"). You agree that Promotional Codes: (i) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (ii) may be disabled by us at any time for any reason without liability to us; (iii) may only be used pursuant to the specific terms that we establish for such Promotional Code; (iv) are not valid for cash; and (v) may expire prior to your use. We reserve the right to withhold or deduct credits or other features or benefits obtained through the use of Promotional Codes by you or any other user in the event that we believe the use or redemption of the Promotional Code was in error, fraudulent, illegal, or in violation of the applicable Promotional Code terms or these Terms.
We may investigate violations of these Terms and may involve and cooperate with law enforcement authorities in taking legal action against Users who are involved in such violations, including without limitation pursuing civil, criminal and injunctive redress. You hereby waive and hold us harmless from any claims resulting from any action we take during or as a result of our investigation and from any actions taken as a consequence of such investigations by use or law enforcement authorities.
Except as it relates to a Subscription, you may terminate these Terms at any time by ceasing your use of the Site. All sections of these Terms which by their nature survive the expiration or termination of these Terms shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms.
You are personally liable for any orders that you place or charges that you incur prior to termination.
- INFORMATION SECURITY
We have used commercially reasonable efforts to implement a variety of administrative, managerial, and technical security measures designed to protect your personal information from unauthorized use and disclosure. We cannot, however, guarantee security of the information collected by us or the Third Party Providers and we cannot promise that such measures will prevent "hackers" from illegally accessing the Site, Third Party Services or their contents. We are not responsible or liable for any third party access to or use of your information.
- INTELLECTUAL PROPERTY
GreenView, GreenSmart, Natural Start, Preen, ProScape, ROOTS, Turf Nurture, and Woodace are registered trademarks of Lebanon Seaboard Corporation and our graphics, logos, icons and service marks appearing on the Site and Products are trademarks, registered trademarks or trade dress and protected under the laws of the United States and other countries. You may not use any of the same without our prior written consent, in a manner that disparages or discredits us, or that is likely to cause confusion among customers with any products or services that are not provided by us. We and our licensors are and will remain the sole and exclusive owners of all intellectual property and proprietary rights in the Site and the Products and any related specifications, instructions, design, graphics, interfaces and the selection and arrangements, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and trade secrets. You do not and will not have or acquire any right, title or interest in the intellectual property and proprietary rights in the Site and the Products, except for the right to access and use the Site as expressly contemplated in these Terms.
We respect the intellectual property rights of others, and ask their users, licensors and Third Party Providers to do the same. If you believe that your intellectual property is accessible on or through the Site in a way that constitutes infringement, please contact us at email@example.com to report any alleged infringement.
- FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- GOVERNING LAW AND JURISDICTION
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Pennsylvania, United States without giving effect to any choice or conflict of law provision or rule (whether of the State of Pennsylvania or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Pennsylvania. Subject to the obligation for dispute resolution and binding arbitration set forth below, you hereby irrevocably consent to the exclusive jurisdiction and venue of the courts of State of Pennsylvania in all disputes arising out of or relating to the matters out of or relating to these Terms and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such courts, except that we may elect, in our sole direction, to litigate the action in the country, county, state or other governmental, political or administrative division where any breach by you occurred or where you can be found. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section.
- DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AND LEBANON SEABOARD CORPORATION ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 24. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR LEBANON SEABOARD CORPORATION WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- NO THIRD PARTY BENEFICIARIES
Except as expressly stated otherwise elsewhere in these Terms, no person other than the parties themselves has any rights or remedies under this agreement.
- WAIVER AS A CLASS ACTION MEMBER
You agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration, you waive any right to a jury trial.
- YOU HAVE LIMITED TIME TO BRING A LEGAL CLAIM
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
We appreciate our Users' interest in improving and expanding the Site and Products. If you choose to send us content, information, ideas, suggestions or other materials relating to the Site, Products or our business ("Feedback"), you hereby assign such Feedback to Company, and you agree that we are free to use any Feedback, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
- INFORMATION FROM PLATFORM AND SERVICES
We do not warrant or guarantee the accuracy, completeness or timeliness of any information available via the Site. We do not authorize the use of information available via the Site for any purpose other than your personal use. You may not resell, redistribute or use this information for commercial purposes.
- INTERPRETING THE AGREEMENT
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of these Terms will continue in full force and effect. A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.
- INTERNATIONAL MATTERS
The Site is solely directed to residents of the United States. Those who choose to access the Site from outside of the United States do so at their own risk and may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Site. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Site. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported to the United States.
You represent and warrant that you are not (i) located in or a citizen of a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and (ii) listed on any United States Government list of prohibited or restricted parties.
- ELECTRONIC COMMUNICATIONS
The very nature of the Site communicates information between you and us by electronic means (e.g., via the Site submissions, email). For purposes of forming a legally binding agreement, you consent to receive communications from us in an electronic form and agree that all terms and conditions, agreement, notices, disclosures and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.
- INDEPENDENT CONTRACTORS
You acknowledge and agree that you and us are, and at all times during these Terms shall remain, independent contractors in relation to each other, and that neither you or us (or our respective employee or other representatives) are authorized to make any representations or any commitment on the other’s behalf unless previously authorized in writing. Each party’s obligations to the other hereunder are exclusively contractual in nature. These Terms shall not be deemed to create any partnership, joint venture, agency, fiduciary or employment relationship or any other legal relationship between you and us.
- WAIVER AND SEVERABILITY
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address or physical address you provide or (ii) by posting to the Site. Notices sent by e-mail will be effective when we send the e-mail, notices by postal mail will be effective three business days after they are sent, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.
To give us notice under these Terms, you may contact us in any one of the following ways: (i) by email to: firstname.lastname@example.org (ii) by calling us at 1-800-233-1067 (iii) by facsimile transmission at 1-800-806-8580; or (iv) by mail to: Lebanon Seaboard Corporation, 1600 East Cumberland Street, Lebanon, PA 17042, Attn: Customer Service.
Notices provided by email or by phone will be effective immediately. Notices provided by facsimile transmission will be effective one business day after they are sent. Notices provided by mail will be effective three business days after they are sent.
- CONTACTING US
We welcome any questions, comments, or complaints you may have regarding these Terms and Conditions. Please do not hesitate to contact us in one of the following ways:
Send an email to: email@example.com
Call by telephone: 1-800-233-1067
Send a facsimile to: 1-800- 806-8580
Send by mail to:
Lebanon Seaboard Corporation
1600 East Cumberland Street
Lebanon, PA 17042
Attn: Customer Service
- ENTIRE AGREEMENT