Last Updated: 8/25/2016
We may make changes to these Terms from time to time. If we make changes, we will provide notice by posting the amended Terms to our Services and updating the “Last Updated” date above and/or by sending you an email notification. Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using our Services.
If you have any questions about these Terms or our Services, please contact us at firstname.lastname@example.org.
You must be at least 13 years of age to access or use our Services. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.
3 Electronic Communications
By providing New Seasons Market with your email address, you consent to receive electronic communications from New Seasons Market. These communications may include notices about your access to or use of the Services (e.g., payment authorizations and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
4 Terms of Sale
These Terms govern the purchase and sale of products and services through the Services.
4.1. Pricing and Availability
All prices are shown in U.S. dollars and taxes, shipping and handling charges (if applicable) are additional. All products and services are subject to availability and we reserve the right to impose quantity limits on any order, cancel all or any part of an order and discontinue products without notice, even if you have already placed your order. All prices are subject to change without prior notice.
4.2 Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly.
We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all product and service descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
4.4 Shipping and Handling
You agree to pay any shipping and handling charges presented to you at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. When you purchase a product from us, any shipping times we provide are estimates only and actual delivery dates may vary. Title to, and the risk of loss for, all products pass to you upon delivery to you.
4.5 Returns and Refunds
We do not accept returns and will not issue refunds, except as otherwise provided in these Terms or required by law.
5 User Content
Our Services may allow you and other users to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, “User Content“). Except for the license you grant below, you retain all rights in and to your User Content, as between you and New Seasons Market.
You grant New Seasons Market a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information will be visible to the public.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
6 Prohibited Conduct and Content
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not:
- Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, accessible at https://www.newseasonsmarket.com/robots.txt, that controls automated access to portions of our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
You may also only post or otherwise share User Content that is non-confidential and for which you have all necessary rights to disclose. You may not create, post, store or share any User Content that:
- Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
- Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- Impersonates, or misrepresents your affiliation with, any person or entity;
- Contains any unsolicited promotions, political campaigning, advertising or solicitations;
- Contains any private or personal information of a third party without such third party’s consent;
- Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
- Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose New Seasons Market or others to any harm or liability of any type.
In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.
7 Limited License; Copyright and Trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “New Seasons Market Content”) are owned by or licensed to New Seasons Market and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, New Seasons Market and our licensors reserve all rights in and to our Services and the New Seasons Market Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and New Seasons Market Content for your own personal use; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use our Services or New Seasons Market Content; (b) copy, reproduce, distribute, publicly perform or publicly display New Seasons Market Content, except as expressly permitted by us or our licensors; (c) modify the New Seasons Market Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or New Seasons Market Content; (d) use any data mining, robots or similar data gathering or extraction methods; and (e) use our Services or New Seasons Market Content other than for their intended purposes. Any use of our Services or New Seasons Market Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about New Seasons Market or our products or Services (collectively, “Feedback”) is non-confidential and will become the sole property of New Seasons Market. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
9 Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify New Seasons Market’s Designated Agent as follows:
Designated Agent: Kelsey Fogle
Address: 1300 SE Stark Street, Suite 401
Portland, Oregon 97214
Telephone Number: (503) 280-4862
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to New Seasons Market for certain costs and damages.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless New Seasons Market and our officers, directors, agents, partners and employees (together with New Seasons Market, the “New Seasons Market Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use or misuse of our Services; (b) any User Content or Feedback you provide; (c) your violation of these Terms; and (d) your violation of any rights of another. You agree to promptly notify the New Seasons Market Parties of any third-party Claims, cooperate with the New Seasons Market Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the New Seasons Market Parties will have control of the defense or settlement, at New Seasons Market’s sole option, of any third-party Claims.
Your use of our Services is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, New Seasons Market does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While New Seasons Market attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. We do not control, endorse or take responsibility for any User Content or other third-party content available on or linked to by our Services. You assume the entire risk as to the quality and performance of the Services.
12 Limitation of Liability
To the fullest extent permitted by applicable law, the New Seasons Market Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if the New Seasons Market Parties have been advised of the possibility of such damages.
The total liability of the New Seasons Market Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to access or use our Services.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of the New Seasons Market Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with New Seasons Market and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or New Seasons Market seek to bring an individual action in small claims court located in the county where you reside or disputes in which you or New Seasons Market seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and New Seasons Market each waive the right to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, all disputes arising out of or relating to these Terms or our Services will be resolved through confidential binding arbitration held in Multnomah County, Oregon in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason.
You and New Seasons Market agree that any dispute arising out of or related to these Terms or our Services is personal to you and New Seasons Market and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and New Seasons Market agree that these Terms affect interstate commerce and that the enforceability of this Section 13 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA“), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and New Seasons Market agree that for any arbitration you initiate, you will pay the filing fee and New Seasons Market will pay the remaining JAMS fees and costs. For any arbitration initiated by New Seasons Market, New Seasons Market will pay all JAMS fees and costs. You and New Seasons Market agree that the state or federal courts of the State of Oregon and the United States sitting in Multnomah County, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and New Seasons Market will not have the right to assert the claim.
14 Governing Law and Venue
These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of Oregon, without regard to conflict of law rules or principles (whether of Oregon or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Oregon and the United States, respectively, sitting in Multnomah County, Oregon.
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
These Terms constitute the entire agreement between you and New Seasons Market relating to your access to and use of our Services. The failure of New Seasons Market to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.