Terms & Conditions

OVERVIEW

This website (“Site”) is operated by Cornucopia Living, LLC, a New Jersey limited liability company  (the “Company”).  Throughout the Site, the terms “we”, “us” and “our” also refer to the Company. The Company offers this Site, including all information, tools, products and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.  By visiting our Site and/or purchasing something from us, you agree to be bound by the following terms and conditions of service (“Terms of Service”, or “Terms”), including those additional terms and policies referenced herein (including our Privacy Policy) 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.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site or purchasing any of our products, you agree to be bound by these Terms of Service. If you do not agree to all the Terms of this agreement then you should not access or use the Site, purchase any or our products or use any of Site services.  Any new features or tools which are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page.  We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes to these Terms.

SECTION 1 – ONLINE STORE TERMS
By accessing or otherwise using the Site you represent that you are at least the age of majority in your state or place of residence, or that you are the age of majority in your state or other place of residence  and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Site or our services, 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 these Terms of Service will result in an immediate termination of provision of services to you.

SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service, or use of the Site, to anyone for any reason at any time.  You understand that personal information submitted by you on or through our Site or through the store (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks, and (b) 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 Site without our express written permission.

SECTION 3 – MODIFICATIONS TO PRODUCTS AND PRICES
Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue any of our products 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 our products.

SECTION 4 – SUPPY OF PRODUCTS
We may have limited quantities of certain products, and will not be responsible if certain products are not available.   Any return of products is to made in accordance with our return policy as set forth on the Site.  We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site, however we cannot guarantee that your computer monitor’s display of colors will be accurate.  We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.  Any offer for any product made on this Site is void where prohibited.

SECTION 5 – CANCELLATIONS; ACCURACY OF BILLING; AND ACCOUNT INFORMATION
We reserve the right, at our sole discretion, to cancel or 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 will 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 judgment, appear to be placed by dealers, resellers or distributors.  You 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.

SECTION 6 – OPTIONAL TOOLS
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 tools “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 of 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 services and/or features through the Site, including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms of Service.

SECTION 7 – THIRD-PARTY LINKS
Certain content, products, and services available via our Site may include materials from third-parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. 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.

We are not liable for any harm or damages 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-party’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.

SECTION 8 – 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 reviews, 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 (1) to maintain any comments in confidence; (2) to pay compensation for any comments other than as specifically set forth on the Site; 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 is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You 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 our services or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties 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.

SECTION 9 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy click here.

SECTION 10 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site 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 conveyed in the provision of our products or services or otherwise on the Site is inaccurate at any time without prior notice (including after you have submitted your order).  No specified update or refresh date on any related Site should be taken to indicate that all information conveyed in the provision of our products or services or on the Site has been modified or updated.

SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 our the Site; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. We reserve the right to prohibit your use of the Site for engaging in any of the prohibited uses.

SECTION 12 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Other than the Company’s return policy as set forth on the Site and in the Terms of Service, the Company makes no representations or warranties regarding its products or services of any kind. Accordingly, to the extent permitted by applicable law, the Company EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES AND CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to you.

IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE OR VIA OTHER CHANNELS, INCLUDING, BUT NOT LIMITED TO, PHONE AND EMAIL, BE LIABLE TO ANY USER OF THE SITE OR PURCHASERS OF OUR PRODUCTS OR SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, OUR PRODUCTS OR ANY INFORMATION CONTAINED IN THE SITE, INCLUDING USER CONTENT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

You hereby acknowledge that the preceding limitation on liability will apply to all content, merchandise, and services available through the Sites.  To the extent a jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions liability is limited to the fullest extent permitted by law. In any event, the Company’s liability to you is limited to, if related to a product you purchased from us, the amount you paid for that product, and in all events the Company’s aggregate liability to you for all claims will not exceed the amount of money paid by you to the Company.

SECTION 13 – INDEMNIFICATION
You agree to promptly indemnify, defend, and hold harmless the Company and its subsidiaries, affiliates, members, managers, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, suit, action or demand, damages, costs and expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 14 –  ONLINE PURCHASES
This Section 14  applies to all purchases through the Site.

14.1  Limitation on Sales. You may only purchase Company products for your personal use.  Company products are not to be purchased for resale, and any resale of a Company product automatically voids all warranties with respect to such product.

14.2  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, and we may choose not to accept any orders in our sole discretion.  You may not cancel an order after you place it with us.

14.3  Prices and Payment Terms.

Prices. The price for our products available for purchase through the Site will be displayed to you on the Site, and the prices displayed do not include taxes or any other applicable fees, including, without limitation, any shipping,  handling or  insurance fees. Any applicable taxes or fees will be communicated to you before you place an order. 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.

Payments. The Site uses third-parties to process payments for transactions consummated through the Site (“Payment Processors”). By utilizing the Site to purchase products you authorize a Payment Processor to charge your credit card or other payment method. Our third-party Payment Processors accept payments through various credit cards as detailed on the applicable payment screen. Transactions processed via the Site may also be subject to the terms and conditions of the applicable Payment Processor.  You represent and warrant that (i) the credit card information you supply to such Payment Processors 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.  The Company is not responsible for any errors by the Payment Processor.

14.4  Shipments; Delivery; Title and Risk of Loss

(a)   We will arrange for shipment of the Products to you. You will pay all shipping and handling charges specified during the ordering process.

(b)   Title and risk of loss pass to you upon delivery of the products (by us or our manufacturer) to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments.

14.5  Returns and Refunds.

Subject to the terms of this Section 14.5, as long as a product purchased by you from us was not designated as non-returnable at the time of your purchase, all Company products come with a life-time warranty against ripping or tearing, and may be returned at any time, however the foregoing return policy will automatically be voided for any product which is resold.   Other than for rips and tears, we will accept a return of Company products for a refund of your purchase price, less the original shipping and handling costs, provided the applicable product is delivered to the applicable third party carrier no later than twelve months after the date of delivery.  Again, the foregoing return policy will automatically be voided for any Company product which is resold.   All Company  products returned under this paragraph must be accompanied by proof of purchase.

Refunds are processed within a reasonable time after our receipt of your returned products. Your refund will be credited back to the same payment method used to make the original purchase on the Site.

WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE.

SECTION 15 – SEVERABILITY

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 permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – NO WAIVER; ENTIRE AGREEMENT

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. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to our products constitute the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).  Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 –  COPYRIGHT INFRINGEMENT AND COUNTER-NOTICE

Copyright Infringement

The Company respects the intellectual property rights of others and requests that the people who use the Site do the same. If you believe that your work has been reproduced and is accessible on the Site in a way that constitutes copyright infringement you may notify us by providing our copyright agent with the following information in writing:

a.  the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;

b.  identification of the copyrighted work that you claim has been infringed;

c.  identification of the material that is claimed to be infringing and information reasonably sufficient to permit the Company to locate the material (for example, by providing a URL to the material);

d.  your name, address, telephone number, and email address;

e.  a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

f.  a statement that the information in your notification is accurate and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our designated agent (the “Copyright Agent”) to receive notification of claimed infringement can be reached at: legal@cornucopialiving.com

It is our policy to terminate (in our sole discretion) in appropriate circumstances any account for repeated infringement of intellectual property rights, including copyrights or trademarks, and we also reserve the right (in our sole discretion) to terminate an account for even one instance of infringement.  (and the Company will not be responsible or liable for any such infringement by a third party).

Counter-Notice.

If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:

a.  Your physical or electronic signature;

b.  Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

c.   A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

d.  Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the courts in Mercer County, New Jersey, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person.

SECTION 18 – GOVERNING LAW; FORUM; LIMITATION ON ACTIONS
These Terms of Service and any separate agreements whereby we provide you services is governed by and construed in accordance with the laws of the State of New Jersey. For purposes of litigating any dispute that arises directly or indirectly from your use of the Site or our services, you hereby submit to and consent to the exclusive jurisdiction of the State of New Jersey and agree that such litigation shall be conducted only in the courts of  Mercer County, New Jersey, and no other courts. Any action concerning any dispute you may have with respect to the Website must be commenced by you within one year after the cause of the dispute arises, or the cause of action is barred.

SECTION 19 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at legal@cornucopialiving.com.

NOTICE RE: TRADEMARKS
All trademarks used in the Site are owned or used under license by the Company. The names of third parties and their products mentioned may be their trademarks. You may not use any of the above or other trademarks displayed on the Site. All rights are reserved.

NOTICE RE COPYRIGHT OWNERSHIP: © 2021 Cornucopia Living, LLC. All rights reserved.
All content on the Site is subject to intellectual property rights, contractual or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with our prior express written consent. Modification or use of the materials for any other purpose may violate intellectual property rights.