The term “User” refers to you as a “Visitor” to this Site.
COPYRIGHT/ RESTRICTIONS ON USE OF MATERIAL:
All items on this Site are copyrighted by Andi Lynn’s Elderberries. This copyright extends to text and graphics, the selection, arrangement and presentation of all materials, and the overall design of the site. You are prohibited from reproduction or republication of the Site content without prior written permission. This Site may also contain valuable trademarks, service marks, names, titles, logos, images, designs, copyrights and other proprietary materials. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or any other proprietary right of Andi Lynn’s Elderberries, the Site, affiliate or any third party.
We have authorized you to view the materials at this Site only for your personal, non-commercial use. You are prohibited from modifying the materials at this Site in any way or reproducing or publicly displaying, or distributing or otherwise using them for any public or commercial purpose TRADEMARKS, SERVICE MARKS, LOGOS, CORPORATE IDENTIFICATIONS PROTECTED:
All trademarks, service marks, logos, or other corporate identifications such as Specific Product Names and Label Designs (collectively, “Marks”) on this Site are trademarks or service marks of Andi Lynn’s Elderberries. You warrant not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way without our prior approval
ELIGIBILITY AND AUTHORIZATION:
To be eligible for our Services, you must be at least 18 years old. When signing up for our Services, you authorize Andi Lynn’s Elderberries, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm ownership of your email address or financial instruments, and verifying your information against third party databases or through other sources.
USER NAME, ACCOUNT AND PASSWORD:
When you sign up for Services from Andi Lynn’s Elderberries, you will be given a Username and also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password.
You will not disclose your password to any third party. You agree to notify us immediately if you know of or suspect any unauthorized use of your membership or access to your password. You agree not to use the account, username, or password of another User.
CLOSING YOUR ACCOUNT:
You may terminate your membership with us at any time either by downgrading your account or cancelling it by following the instructions in the ‘account setting’ section of your profile/account. In the event of termination of your service agreement, sections: Limitation Of Liability, Prohibited Content and/or Activity, Links To/From Third Party Sites, Copyright/ Restrictions On Use Of Material. Trademarks, Service Marks, Logos, and Corporate Identifications Protected, would still survive.
Andi Lynn’s Elderberries is not responsible for typographical or photographical errors.
Andi Lynn’s Elderberries NOR ANY THIRD PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM Andi Lynn’s Elderberries ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY:
_Andi Lynn’s Elderberries assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall Andi Lynn’s Elderberries be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or Content found herein, or (ii) the performance or non performance by Andi Lynn’s Elderberries, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.
PROHIBITED CONTENT AND/OR ACTIVITY:
You must use the Site in a manner consistent with any and all applicable laws and regulations. You agree that you shall not use Andi Lynn’s Elderberries’s services to upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We reserve the right to take legal action in our sole discretion against anyone who violates this provision, including without limitation, removing the offending Content from the Site and terminating the membership of such violators.
In addition you agree not to:
harvest or collect email addresses or other contact information of other Users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
transmit “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, or “spam”;
solicit passwords or personal identifying information from other Users;
use the Site in any unlawful manner or in any other manner that could damage, disable, interfere with, disrupt, or create an undue burden to the Site;
circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of this Site;
that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person;
harass or advocate harassment of another person or User;
provide any email addresses, telephone numbers, street addresses, names or URLs in your member profile or anywhere else on this Site;
post or otherwise make available any Content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, obscene, fraudulent, violent, invasive of privacy or publicity rights, offensive, racist, of a bigotry nature, or demonstrating hatred or physical harm of any kind against any group or individual;
further or promote any criminal activity or enterprise or provide any information about illegal activities;
involve commercial activities and/or sales without prior written consent from us such as advertising, contests, sweepstakes or any solicitation of donations;
display an unauthorized commercial advertisement on the Site, or use this Site to perform any commercial activity without permission from us;
register for more than one Member account or register for a Member account on behalf of another individual, group or entity;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, or your affiliation with any person or entity;
include a photograph or video of another person that you have posted without that person’s consent;
post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
use or attempt to use another’s account without authorization from us;
violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
fail to make payment for items purchased by you, unless the seller has materially changed the item’s description after you bid, a clear typographical error is made, or you cannot authenticate the seller’s identity;
fail to deliver items sold by you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer’s identity;
manipulate the price of any item or interfere with other users’ listings;
transfer your Andi Lynn’s Elderberries member account (including feedback) and User ID to another party without our consent;
export or re-export any Andi Lynn’s Elderberries tools except in compliance with the export control laws of any relevant jurisdictions;
copy, modify or distribute rights or content from the Andi Lynn’s Elderberries sites, service or tools or Andi Lynn’s Elderberries‘s copyrights and trademarks; or that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
violate federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability.
violate the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract.
disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Andi Lynn’s Elderberries does not claim ownership of the materials you provide to Andi Lynn’s Elderberries (including feedback and suggestions) or post, upload, input or submit to any Andi Lynn’s Elderberries or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Andi Lynn’s Elderberries and necessary sublicensees a non-exclusive, worldwide, perpetual, irrevocable, royalty-free sublicenseable (through multiple tiers) right to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Andi Lynn’s Elderberries is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at Andi Lynn’s Elderberries’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Andi Lynn’s Elderberries reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Andi Lynn’s Elderberries in its sole discretion.
LINKS TO/FROM THIRD PARTY SITES:
This Site contains links to third party sites. User accesses these sites at User’s own risk; the Site is not responsible for the Content, changes, updates, or other links contained in a linked site. Andi Lynn’s Elderberries provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by Andi Lynn’s Elderberries of the websites.
Any third party desiring to link to the Site must link to the Site’s homepage located at www.andilynnselderberries.com. No one may link to any other page of this Site without the prior written consent of the Site.
We will make our best effort to resolve any and all disputes in a way that satisfies our customers. Please submit your complaints through our contact page.
Andi Lynn’s Elderberries does not disclose or release personal or financial information about you except what is necessary to process your submissions and purchases.
COMPLIANCE WITH STATE AND FEDERAL LAWS:
Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Andi Lynn’s Elderberries makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.
THIS ONLINE SALES AGREEMENT (this “Agreement”) is made effective upon receipt of this signed agreement between you (hereinafter the “Purchaser”) and Andi Lynn’s Elderberries (hereinafter “the Company”). The Purchaser and the Company hereby agree as follows:
1.00 GENERAL SALES CONTRACT CONDITIONS
1.01 The purchase of any goods and/or services from the Company shall be bound to the terms and conditions of this Online Sales Agreement and shall be deemed to be a binding agreement between the Company and the Purchaser.
1.02 Any and all prices and deliveries times stated by the Company on the website in respect to the Purchaser purchasing goods and/or services from the Company, are current at the time of purchase by the Purchaser and shall not be binding upon the Company and are subject to change, until such time the price and delivery costs are confirmed by the Company to the Purchaser in writing. All prices and delivery costs stated in this Online Sales Agreement are in U.S. Dollars $1.00.
1.03 Any and all prices stated on this website are exclusive of all required sales tax and import and export costs.
2.00 PRODUCTS AND SERVICES
2.01 Any of the descriptions, drawings or specifications of goods and/or services displayed on the website by the Company are approximate and subject to change. The Company shall not be bound by any descriptions, drawings or specifications of goods and/or services displayed on the website, until such time they are confirmed by the Company to the Purchaser in writing.
2.02 At no time or times shall the Purchaser hold the Company responsible or liable for any descriptions, drawings or specifications made by any third parties on the Company’s website.
2.03 In the event the Purchaser is not satisfied with any goods and/or services purchased by the Purchaser from the Company on the website, the Purchaser shall notify the Company in writing of the Purchaser’s dissatisfaction and shall return the goods to the Company. Returns are to include the following: Copy of your original receipt. Unopened merchandise that is still in new condition. The reason for your return. The last 4 digits of your credit card number and your paypal email address. Return Shipping cost are the Purchaser’s responsibility. Upon receipt of your return, you will receive a full refund minus shipping charges. Please mail returns to: Andi Lynn’s Elderberries, PO Box 1286 Livingston Louisiana US 70754
3.00 CANCELLATION OF PURCHASE
3.01 The Purchaser hereby acknowledges and agrees that any cancellation of any purchase made by the Purchaser from the Company pursuant to this Online Sales Agreement shall not be effective until such time the proposed cancellation is accepted by the Company in writing.
3.02 The Purchaser hereby acknowledges and agrees that the Company reserves the right to refuse the cancellation of any purchase made by the Purchaser pursuant to this Online Sales Agreement.
3.03 The Purchaser hereby agrees that it shall not hold the Company responsible or liable for any loss caused by the cancellation of any purchase by the Purchaser.
4.00 DAMAGE OR LOSS
4.01 Upon the Purchaser purchasing goods from the Company pursuant to this Online Sales Agreement, the Purchaser acknowledges and agrees that the goods shall be shipped or mailed to the Purchaser by the Company. The Company shall reserve the right to select the carrier for such purchased goods to be shipped or mailed to the Purchaser.
4.02 The Purchaser acknowledges that upon receipt of the goods purchased from the Company either by courier or mail, the Purchaser shall be responsible to examine the goods purchased and the delivery of the purchased goods in a good condition shall be deemed a receipt of the goods by the Purchaser.
4.03 In the event the Purchaser receives the purchased goods and the purchased goods are damage, the Purchaser hereby agrees that it shall immediately notify the Company within three (3) days of receipt of such damaged goods. Upon notification by the Purchaser to the Company that the goods received are damaged, the Purchaser shall return the damaged goods to the Company in their original packaging within seven (7) days according to part 2.03 for a full refund minus shipping charges.
5.01 All goods and/or services purchased by the Purchaser from the Company pursuant to this Online Sales Agreement shall be first subject to approval by the Company. All payments made by the Purchaser for goods and/or services purchased from the Company shall be in U.S. Dollars and shall be made to the Company via Paypal.com.
6.00 TERMINATION AND MODIFICATOIN OF AGREEMENT
6.01 The Purchaser acknowledges that the Company has the right to terminate this Online Sales Agreement at any time without prior notice to the Purchaser and the Purchaser agrees to be bound to any amendments made by the Company.
7.01 The Purchaser acknowledges that the Company makes no representations or warranties in respect to the information contained on the Company’s website being accurate or up-to-date. The Purchaser further acknowledges that any of the information contained on the Company’s website is provided as is without any implied or express warranties.
7.02 The Company makes no representations or warranties to the Purchaser regarding the use of the Company’s website or its accuracy or reliability. Under no circumstances will the Company be held liable or responsible by the purchaser for any special or consequential damages that result from the use of, or inability to use, the Company’s website.
7.03 The Andi Lynn’s Elderberries is a Limited Liability Company operating in Livingston, LA. The Andi Lynn’s Elderberries, it’s owner or any of it’s distributors are not certified, licensed, or registered healthcare providers in the State of Louisiana. Any food or dietary supplements sold on this site or through any distributors or retail outlets are not medically prescribed drugs. They are herbal dietary supplements manufactured according to traditional herbalist preparations and not intended to diagnose, treat, prevent, or cure any disease. Discontinue use if unusual symptoms occur. Nothing on this site, or advice from Andi Lynn’s Elderberries, it’s owner, or it’s distributors should be construed as medical advice. Please consult your Healthcare Provider.
8.00 DISPUTE RESOLUTION
8.01 All disputes under this Online Sales Agreement that cannot be resolved by the Purchaser and the Company shall be submitted to arbitration by American Arbitration Association under the rules and regulations of the laws of the governing jurisdiction. Either the Purchaser or the Company may invoke this paragraph after providing thirty (30) days written notice to the other party.
9.00 GENERAL PROVISIONS
9.01 This Online Sales Agreement constitutes the entire integraged agreement between the Purchaser and the Company. This Online Sales Agreement supersedes any prior written or oral agreements between the Purchaser and the Company.
9.02 This Online Sales Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.
9.03 If any provision of this Online Sales Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, contrued, and enforced as so limited.
9.04 The failure of either party to enforce any provision of this Online Sales Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Online Sales Agreement.
9.05 This Agreement shall be governed by the laws of the State of Louisiana.