TERMS AND SERVICES
By visiting our website www.smartmicrobes.com and smart-microbes.myshopify.com you are consenting to and accepting all terms and conditions, policies and notices stated herein.
The terms “we”. “us”, “our” refer to Smart Microbes The terms “user”, “you”, “your” refers to site customers, visitors, or other users of the site. Plant Life Innovative Technologies offers www.smartmicrobes.com and smar-microbes.myshopify.com, including all information, services and tools available on these sites to you the user.
We provide physical products for sale (the “Service”).
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants and/or contributors of content. By using our Site or Service, you agree to these Terms of Service, without modification, and acknowledge reading them. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered and offer, acceptance is expressly limited to these Terms of Service.
Any new features, tools or services added to the current site (www.smartmicrobes.com) or store (smart-microbes-myshopify.com) shall also be subject to the Terms of Service. We may at any time amend these Terms of Service on this site. Any use of the Site or Service by you means you accept these amendments. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to duly check this page regularly for changes. Your continued use or access to the website following any changes constitutes your acceptance of those changes.
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the right of others, or which is threatening, abusive, defamatory, libelous, invasive or privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages, conduct that would conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
DISCLAIMER OR WARRANTIES: LIMITATION OF LIABILITY
You agree that under no circumstances shall Plant Life Innovative Technologies LLC., our directors, officers, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for injury, loss, claim or any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, Plant Life Innovative Technologies LLC. is not liable for damages in connection with:
1. Any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure;
2. Loss of revenue, anticipated profits, business, lost savings, replacement costs, goodwill or data and;
3. Third party theft of destruction of, unauthorized access to, alter of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory or legal liability arising from the sue of any service or any products procured using the service, or for any other claim related in any way to your use of the services 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) posed, transmitted, or otherwise made available via the service, even if advised of their possibility and the foregoing applies even if Plant Life Innovative Technologies Llc. has been advised of the possibility of or could have foreseen the damages in those states that do not allow the exclusion or limitation of liability for the damages our liability is limited to the fullest possible extent permitted by law in no event shall Plant Innovative Technologies LLC., cumulative liability.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results, that may be obtained fro the use of the service will be accurate or reliable.
You agree from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
Your expressly agree that your use of, or inability to use, the service is at your 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, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, an non-infringement.
Our store is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform to sell our products and services to you.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or provide of residence, or that you are the age of majority in your state or residence and you have given use consent to all any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect of feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
You understand that your content (not including credit card information), may be transferred unencrypted and involve the following:
1. Transmissions over various networks and;
2. Changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only an should not be relied upon or used as the sole basis of making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any tie to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise the right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of product or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
In an effort to protect our brand and our customers, we do not authorize or support the reselling of our products anywhere, including but not limited to on websites like eBay, Amazon or an other marketplace, unless the products are purchased by a Plant Life Innovative Technologies LLC. approved authorized reseller. We are committed to providing our customers with the highest quality products, and to protect our customers we strictly enforce this policy to prevent counterfeit, altered, or expired products from being sold by unauthorized resellers. By purchasing our products from smart-microbes.myshopify.com you are agreeing to our terms and conditions, including this policy.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
Your agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tool “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you or optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new service and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
The Site and Services may contain links to third party websites and resources. Links to such websites or resources do not imply any endorsement by or affiliation with Plant Life Innovative Technologies LLC. or our site.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. You acknowledge and agree that 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.
You shall indemnify and hold Plant Life Innovative Technologies Llc. and our parent, subsidiaries, affiliates, partners, officers, directions, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any and all losses, harm, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fee, arising out of any breach by your of any of these Terms and Conditions, or any use by you 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-part’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.
Your acknowledge sole responsibility for and assume all risk arising from your use of any such websites/links or resources.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) 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 as per the following:
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.
Your 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 Service 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-party 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.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its contents:
1. For any unlawful purpose;
2. To solicit other to performs or participate in any unlawful acts;
3 To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
4. To submit false or misleading information;
5. To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other website, or the internet;
6. To collect or track the personal information of others;
7. To spam, phish, pharm, pretext, spider, crawl, or scrape;
8. For any obscene or immoral purpose; or
9. To interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until termination by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you access to our Services (or any part thereof).
There Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us govern your use of the Site and Service and supersedes all prior and contemporaneous agreements, communications, proposals, representations, and understanding, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). No waiver of any of the provisions of this Agreement by Smart Microbes shall be deemed, or shall constitute, a waiver of any provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Smart Microbes.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at [email protected]