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TERMS OF SERVICE

This website is operated by King Organic Foods. Throughout the site, the terms “we”,  “us” and “our” refer to King Organic. King Organic Foods offers this website, including  all information, tools 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 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. 

Please read these Terms of Service carefully before accessing or using our website. By  accessing or using any part of the site, you agree to be bound by these Terms of  Service. 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 an offer, acceptance is expressly limited to these Terms of Service. 

Any new features or tools which are added to the current store shall also be subject to  the 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 website. It is your  responsibility to check this page periodically for changes. Your continued use of or  access to the website following the posting of any changes constitutes acceptance of  those changes. 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce  platform that allows us to sell our products and services to you.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/king-organic-foods/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/king-organic-foods/privacy_policy).

SECTION 1 - 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 province of residence, or that you are the age of majority in your  state or province 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 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. 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (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  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. 

SECTION 3 - 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  and should not be relied upon or used as the sole basis for 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. 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES 

Prices for our products are subject to change without notice. 

We reserve the right at any time 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. 

SECTION 5 - 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 this 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 products 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.

SECTION 6 - 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  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.

For more detail, please review our Returns Policy

SECTION 7 - 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 website  (including, the release of new tools and resources). Such new features and/or services  shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS 

Certain content, products and services available via our Service 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 9 - 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 (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. 

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 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-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 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy  Policy. To view our Privacy Policy.

SECTION 11 - 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. 

SECTION 12 - 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 the Service or of any related website, other websites, or  the Internet; (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 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. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF 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 from the use of the service will  be accurate or reliable. 

You agree that 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. 

You 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, and non-infringement. In no case shall King Organic Foods, our directors, officers, employees, affiliates,  agents, contractors, interns, suppliers, service providers or licensors 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  service or any products procured using the service, or for any other claim related in any  way to your use of the service 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) posted, transmitted, or otherwise made  available via the service, 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. 

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless King Organic Foods and our parent,  subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,  service providers, subcontractors, suppliers, interns and employees, harmless from any  claim or demand, 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 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, such determination shall not affect the validity  and enforceability of any other remaining provisions. 

SECTION 16 - TERMINATION

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 terminated 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 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 may deny you access to our  Services (or any part thereof).

SECTION 17 - 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 The Service constitutes the entire agreement and understanding between  you and us and govern your use of the Service, 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 18 - GOVERNING LAW 

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 the state of  Virginia, USA. 

SECTION 19 - 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. 

SECTION 20 - TEXT MESSAGING PROGRAM TERMS AND CONDITIONS King Organic Foods is offering a text messaging program (the “Program”) so that we  can communicate more easily and effectively with our customers and consumers. The  text messaging program is optional; if you opt in, you will receive texts about our  products and services under the terms and conditions described below (“Program  Terms and Conditions”). 

User Opt In: You can opt in to the Program in various ways, such as through online  form or check-box or clicking an icon. Regardless of the opt-in method you use, by  agreeing to participate in the Program, you agree to receive autodialed or prerecorded  marketing mobile messages at the phone number associated with your opt-in  understanding that opting in is not a condition for making any purchase from  us. Without limiting the scope of the Program, users that opt into the Program can  expect to receive messages concerning the marketing and sale of King Organic Foods products, goods, and services. Although your consent permits us to send you  messages using an autodialer, that does not mean that any or all of our mobile  messages are sent using an automatic telephone dialing system (“ATDS” or  “autodialer”).

User Opt Out: If you do not wish to continue participating in the Program or no longer  agree to these Program Terms and Conditions, you agree to reply STOP, END,  CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to opt out  of the Program. You may receive an additional mobile message confirming your  decision to opt out. You understand and agree that the foregoing options are the only  reasonable methods of opting out. You also understand and agree that any other  method of opting out, including, but not limited to, texting words other than those set  forth above or verbally requesting one of our employees to remove you from our  Program list, is not a reasonable means of opting out. 

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile  telephone number that has been used to subscribe to the Program, including canceling  your service plan or selling or transferring the phone number to another party, you  agree that you will complete the Opt-Out process set forth above prior to ending your  use of the mobile telephone number. You understand and agree that your agreement to  do so is a material part of these Program Terms and Conditions. You further agree that,  if you discontinue the use of your mobile telephone number without notifying us of such  change, you will be responsible for all costs (including attorneys’ fees) and liabilities  incurred by us, or any party that assists in the delivery of the mobile messages, as a  result of claims brought by individual(s) who are later assigned that mobile telephone  number. This duty and agreement shall survive any cancellation or termination of your  agreement to participate in any of our Programs. 

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS  FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY  US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY  CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT,  47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY  REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US  ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU  PROVIDED. 

Cost and Frequency: Message and data rates may apply. The Program involves  recurring mobile messages, and additional mobile messages may be sent periodically  based on your interaction with Us. 

Support Instructions: For support regarding the Program, text “HELP” to the number  you received messages from or email us at info@kingorgfoods.com . Please note that  the use of this email address is not an acceptable method of opting out of the  program. Opt outs must be submitted in accordance with the procedures set forth  above. 

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your  mobile device does not support MMS messaging. 

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not  be available in all areas at all times and may not continue to work in the event of 

product, software, coverage or other changes made by your wireless carrier. We will not  be liable for any delays or failures in the receipt of any mobile messages connected with  this Program. Delivery of mobile messages is subject to effective transmission from your 

wireless service provider/network operator and is outside of our control. Participant Requirements: You must have a wireless device of your own, capable of  two-way messaging, be using a participating wireless carrier, and be a wireless service  subscriber with text messaging service. Not all cellular phone providers carry the  necessary service to participate. Check your phone capabilities for specific text  messaging instructions. 

Age Restriction: You may not use of engage with the Program if you are under thirteen (13) years of age. If you use or engage with the Program and are between the  ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or  legal guardian’s permission to do so. By using or engaging with the Program, you  acknowledge and agree that you are not under the age of thirteen (13) years, are  between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal  guardian’s permission to use or engage with the Program, or are of adult age in your  jurisdiction. By using or engaging with the Program, you also acknowledge and agree  that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with  the Program. 

Miscellaneous: You warrant and represent to us that you have all necessary rights,  power, and authority to agree to these terms and perform your obligations hereunder,  and nothing contained in this Program Terms and Conditions or in the performance of  such obligations will place you in breach of any other contract or obligation. The failure  of either party to exercise in any respect any right provided for herein will not be  deemed a waiver of any further rights hereunder. If any provision of this Program Terms  and Conditions is found to be unenforceable or invalid, that provision will be limited or  eliminated to the minimum extent necessary so that this Program Terms and Conditions  will otherwise remain in full force and effect and enforceable. Any new features,  changes, updates or improvements of the Program shall be subject to this Program  Terms and Conditions unless explicitly stated otherwise in writing. We reserve the right  to change this Program Terms and Conditions from time to time. You acknowledge your  responsibility to review this Program Terms and Conditions from time to time and to be  aware of any such changes. By continuing to participate in the Program after any such  changes, you accept this Program Terms and Conditions, as modified. 

SECTION 21 - CONTACT INFORMATION 

Questions about the Terms of Service should be sent to us at info@kingorgfoods.com.