Last Updated: February 24, 2022
By accessing and using our website, placing an order to purchase our products, and/or otherwise interacting with us, (collectively, the “Services”), you agree to accept and are bound by the following terms and conditions (“Terms of Service” or “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 this site, including but not limited to customers, browsers, and contributors of content.
The latest version of these Terms will be posted on this website, and you should review these Terms before purchasing any of our products through this website. Your continued use of the website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Online Store Terms. By agreeing to these Terms, you represent and warrant that you are of legal age in your state or province of residence to form a binding contract with Seeking Kombucha, or that you are of legal age in your state or province of residence to form a binding contract with Seeking Kombucha and you have given us your consent to allow any of your minor dependents to use and/or purchase our products or otherwise engage our Services. You may not use our products to violate any law in your jurisdiction or for illegal or unauthorized purposes. A violation of any of the Terms will result in an immediate termination of our Services, including cancellation of any orders you make with us.
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 or services to you. We reserve the right to refuse to provide Services to anyone for any reason at any time. After having received your order, we will send you a confirmation email 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 Seeking Kombucha and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing us at firstname.lastname@example.org. 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.
Prices and Products Subject to Change. All prices listed on this website are subject to change without notice. Listed prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total. We reserve the right to modify or discontinue any product at any time for any reason and without notice. Certain products may have limited quantities. We may, in our sole discretion, limit or cancel quantities of any product we offer on this website. We reserve the right to limit the sales of our products to any person at any time and for any reason. Descriptions of the products are subject to change without notice.
Refund Policy. Except for any products designated on the website as non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within _____ days of shipment. You are responsible for all shipping and handling charges on returned items. You bear the risk of loss during shipment. Refunds are processed within approximately [INSERT NUMBER] business days of our receipt of the returned items. Your refund will be credited back to the same payment method used to make the original purchase on the website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED AS NON-RETURNABLE.
Accuracy of Billing and Account Information. You represent and warrant that (i) the credit card information you supply to us 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 and shipping and handling charges, if any. You also agree to promptly update this information in your account or with us if any of it changes so that we may fulfill your order and contact you.
Reliance on Information Posted. The information presented on or through this website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. We are not doctors. Any reliance you place on information presented through this website is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the website, or by anyone who may be informed of any of its contents.
You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to access or use your account, you are responsible for the activities of such users that occur in connection with your account. You also agree to ensure that you exit from your account at the end of each session. You should use special caution when accessing your account from a public or shared computer so that others are not able to view or record your password, credit card, or other personal information.
Prohibited Conduct and Content. When purchasing our products or otherwise using our website, you are solely responsible for your conduct and you may not violate any applicable law, contract, intellectual property right, or other third-party right or commit any torts. In addition, you will not use this website or our content to:
- Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Submit information to us that is incomplete, false, misleading, or inaccurate, including in connection with any application for financial assistance;
- Copy, reproduce, distribute, publicly perform, or publicly display all or any portion of our website, except as expressly permitted by us or our licensors;
- Modify our products, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our products or this website;
- 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 website in any manner;
- Use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from this website;
- Develop or use any applications that interact with this website without our prior written consent;
- Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; or
- Conduct any illegal, unintended, or unauthorized activity, or engage in, encourage, or promote any activity that violates these Terms.
Enforcement of this section is solely at Seeking Kombucha’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this section does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by this section.
Linking to the Website and Social Media Features. You may link to this website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. This website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this website;
- Send emails or other communications with certain content, or links to certain content, on this website; or
- Cause limited portions of content on this website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Seeking Kombucha and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause this website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking; or
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You may not:
- Modify copies of any materials from this site;
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site; or
- Access or use for any commercial purposes any part of the website or any services or materials available through the website.
If you wish to make any use of material on this website other than that set out in this section, please send your request to: email@example.com.
Trademarks. “Seeking Ferments”, “Seeking Kombucha”, and our logos, our product or service names, our slogans, and the look and feel of the Services are trademarks of Seeking Ferments and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names, or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
Feedback. You may submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Seeking Kombucha or our Services (collectively, “Feedback”). You grant us a perpetual, irrevocable, non-exclusive, and royalty-free license to use such Feedback for any purpose, without acknowledgment or compensation to you, including, without limitation, to develop, distribute, copy, publish, or improve the Feedback in our sole discretion. You understand that Seeking Kombucha may treat Feedback as nonconfidential.
Monitoring and Enforcement; Termination. We have the right to:
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of this website; and
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting or using materials on or through this website. YOU WAIVE AND HOLD HARMLESS SEEKING FERMENTS AND EACH OF OUR OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, ATTORNEYS, AGENTS, SUPPLIERS, VENDORS, PARTNERS, SUCCESSORS, AND ASSIGNEES (INDIVIDUALLY AND COLLECTIVELY, THE “SEEKING FERMENTS PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SEEKING KOMBUCHA OR LAW ENFORCEMENT AUTHORITIES.
Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Disclaimer of Warranties. Your use of our Services is at your sole risk. You assume the entire risk as to the quality and performance of the Services. We do not guarantee, represent, or warrant that your use of Services will be uninterrupted, timely, secure, or error-free. Except as otherwise provided in a writing by us, our Services and all products delivered to you through the 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. Seeking Kombucha makes no representations as to the commercial utility of any of the Services provided or products delivered to you through the Services and is not providing any medical advice to you or any other parties. Seeking Kombucha does not guarantee that you will achieve any results using any of the ideas, strategies, products, or recommendations presented as part of or delivered through the Services, and nothing said or communicated to you is or should be construed as a promise or guarantee to you of any results. You accept and agree that you are solely responsible for making all decisions and taking all actions related to and on behalf of yourself with regards to diagnoses, treatments, and cures for any diseases or conditions, or health care regimens. While Seeking Kombucha attempts to make your use of the Services and any content therein safe, we cannot and do not represent or warrant that the Services or servers are free of viruses or other harmful components or materials that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this website or any Services or items obtained through the website or to your downloading of any material posted on it, or on any website linked to it.
Limitation of Liability. In no case shall Seeking Kombucha or the Seeking Kombucha Parties be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Services or any products procured using the Services, 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 Services or any content or product posted, transmitted, or otherwise made available via the Services, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Seeking Kombucha or the other Seeking Kombucha Parties or for any other matters in which liability may not be excluded or limited under applicable law.
Indemnification. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Seeking Kombucha and the Seeking Kombucha Parties from and against any losses, liabilities, claims, demands, damages, expenses, and costs arising from or due to your violation of these Terms and the documents they incorporate by reference. You agree to promptly notify Seeking Kombucha and the Seeking Kombucha Parties of any third-party claims, cooperate in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and costs).
Governing Law and Venue. Any dispute arising from these Terms and your use of the Services or any products procured using the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree and irrevocably submit to the exclusive jurisdiction and venue of the state or federal courts residing in King County, Washington, for all matters, disputes, and actions arising under these Terms.
Modifying and Terminating our Services. We reserve the right to modify our Services or suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. If in our sole judgment 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 we may deny you access to all or any part of our Services.
We are not responsible for any loss or harm related to your inability to access or use our Services.
Severability. 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 will not affect the validity and enforceability of any remaining provisions.
Modifying these Terms. We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
Miscellaneous. The failure of Seeking Kombucha to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this site or with respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Services, 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. 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. You agree that communications and transactions between us may be conducted electronically.
Questions about these Terms should be sent to: firstname.lastname@example.org.