This Website (“Website” or “Site”) is operated by Amboseli Foods, LLC (“Amboseli”). USimplySeason is a registered trademark of Amboseli. Throughout the Site, the terms “we”, “us” and “our” refer to Amboseli and to USimplySeason. We offer this Website, including all information, tools, products and services to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein or referenced by hyperlink (“Terms and Conditions”).
Any changes to the Site shall also be subject to these Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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.
SECTION 1 - ELIGIBILITY
By agreeing to these Terms and Conditions, 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.
A breach or violation of any of these Terms and Conditions will result in an immediate termination of your Services.
SECTION 2 - USERNAME/PASSWORD
You must be at least eighteen (18) years old to create an account with a username and password. In such even, you will be responsible for keeping your username and password confidential and secure, and you will be responsible for all actions taken using your username and password. By registering, you agree to receive communications and promotional materials from us.
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 - COPYRIGHT AND INTELLECTUAL PROPERTY
The content of our Site, including but not limited to, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, processes, Products, and Service (“Content”) are the exclusive property of and owned by Amboseli or its affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
Except as otherwise expressly authorized here and otherwise in writing in advance by Amboseli, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any Product or Service, or any part of the Site, or any Content made available through the Site.
Without limiting the foregoing, nothing contained on the Site or in these Terms and Conditions may be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Amboseli or USimplySeason trade names, trademarks or service marks without our express prior written consent. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
SECTION 5 - PRODUCTS OR SERVICES
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. 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 Product or Service that we offer. All descriptions of Products, Services or pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to modify or discontinue any Product or Service at any time without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of a Product or Service. 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, or Content purchased or obtained by you will meet your expectations, or that any errors in the Product or Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or limit 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 without limitation 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 through the Site which we may or may not monitor or 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 third-party tools.
Any use by you of third-party 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).
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
You acknowledge that you are responsible for any material, including any comments or feedback, you may submit via the Site, email, social media or otherwise to us, including the legality, reliability, appropriateness, originality, trademark and copyright of any such material. You may not upload to, distribute or otherwise publish through the Site or otherwise communicate to us through the internet any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute, contribute to or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Site.
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 and Conditions.
You agree that your comments on the Site and on social media 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
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site regarding Products or Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability and other matters. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders at any time if any information on the Site, including that regarding Products or Services is inaccurate, without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site, including that regarding Products, or Services except as required by law. No specified update or refresh date applied on the Site should be taken to indicate that all information on the Site, including that regarding Products or Services has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in these Terms and Conditions, 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, state or local regulations, rules, laws, or 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 Site, including its Products or Services, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or engage in other means of data mining, harvesting, data extracting, or similar activity;
(j) for any obscene or immoral purpose;
(k) to publish, sell, license or commercialize any Content, including publicly performing or showing any Content, from the Site; or
(l) to interfere with or circumvent the security features of the Site, other websites, or the Internet.
We reserve the right to terminate your use of the Site at any time with or without notice, including access to any Product, 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 Site, including the Products or Services, will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site, including the Products or Services, will be accurate or reliable.
You agree that from time to time we may remove OR SUSPEND the Site, including access to the Products or Services, for indefinite periods of time or cancel the Site at any time, without notice to you.
You expressly agree that your use of, or inability to use, the SITE and the related products or services is at your sole risk. The Site, and any Product or Service delivered to you through the Site 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 Amboseli, 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 Site, or any Product or Service procured using the Site, or for any other claim related in any way to your use of the Site or any product or service related to the Site, 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 Site, its Content or any Product or Service posted, transmitted or otherwise made available via the Site, 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 the fullest extent of the law, to indemnify, defend and hold harmless Amboseli, USimplySeason and our parent, subsidiaries, members, shareholders, 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 and Conditions 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 and Conditions 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 and Conditions, and such determination shall not affect the validity and enforceability of any other remaining provisions hereof.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes. These Terms and Conditions are effective unless and until terminated by us.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate your use or access to the Site and/or the Products and Services at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and Amboseli and govern your use of the Site, its Products and 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 and Conditions).
Any ambiguity in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you with Products or Services shall be governed by and construed in accordance with the laws of the state of Utah, without regard to any conflict of law provisions. Any dispute arising under these Terms and Conditions shall be resolved exclusively by the state and federal courts located in the Salt Lake County, State of Utah. By using this site you agree and submit to the personal jurisdiction and venue of such courts.
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 - CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to Sylvia Kapsandoy
Last Update: February 1, 2017
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