Terms of Use

PLEASE REVIEW THESE TERMS OF USE CAREFULLY, AS THEY AFFECT YOUR RIGHTS.

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION AGREEMENT IN SECTION 19 BELOW, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM (AS DEFINED IN SECTION 19) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN A COURT. THE ARBITRATION AGREEMENT ALSO CONTAINS A CLASS ACTION WAIVER IN SECTION 19 BELOW, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS A PART OF A CLASS ACTION. 

Overview

Welcome! This https://skyorganics.com/ website (“Site”) is operated by Sky Organics, LLC (“we”, “us”, “our”, or “Sky Organics”). We offer our Services, including all information, services, products, tools and other content available on this Site to you, the user, conditioned upon your acceptance of all the terms, conditions, policies, and notices stated in these Terms of Use (these “Terms”) including those additional terms and conditions and policies referenced herein or available by hyperlink. By visiting, accessing or using our Site or purchasing products from us, you engage in our “Services” and agree to be bound by these Terms. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content. 

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services or by clicking to accept or agree to these Terms when this option is made available to you, you agree to be bound by these Terms. If you do not agree to all the terms and conditions in these Terms, then you may not access or use the Site or any of our other Services. Any new features or tools which are added to our Services shall also be subject to these Terms.

Our store via our Site is hosted on Shopify Inc. Shopify Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you. Information submitted by you to our store will be transmitted to and shared with Shopify Inc. or other third parties that may be located in other countries, in each case in order to facilitate the provision of services to you, including but not limited to transaction processing and fraud prevention.

1. Changes to Terms

You can review the most current version of these Terms at any time on this page. We reserve the right to modify, change, update, or remove portions of these Terms at any time, so please check back and review these Terms from time to time. We will provide notice of any material changes by posting the revised Terms on our Site with an updated "Last Updated” date.  

Your continued use of or access to our Site or our other Services following the posting of any changes to these Terms constitutes your express acceptance of those changes.

2. General Conditions

By agreeing to these Terms, 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 our Services. 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of our Services, violate any laws in your jurisdiction (including, but not limited to, intellectual property 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 will result in an immediate termination of our Services to you. We reserve the right to refuse Services to anyone for any reason at any time. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. 

3. Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this Site or our other Services is not accurate, complete, reliable or current. Without limiting the generality of the foregoing, 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. 

Our Services may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of our Services 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 Services.

4. Modifications to our Services and Prices

Prices for our products are subject to change without notice.  We reserve the right at any time to modify or discontinue our Services (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 our Services. 

5. Products or Services Information

Certain products or services may be available exclusively online through the Site or other Services. These products or services may have limited quantities and are subject to our <a href="https://skyorganics.com/pages/refund-policy">Return Policy</a>.  We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. 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 any time 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 or through our Services 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 our Services will be corrected. All material and information presented by us is intended to be used for personal, or informational purposes only. The statements and products sold through us are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any products purchased from us it should be only after the legal or parental guardian has discussed the product with the minor's doctor. 

All products should be used strictly in accordance with their instructions, directions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of our Services is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from our Services before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical related questions and our Services do not replace any medical professional or medical resource. We do not represent to be a physician nor is this implied.  

6. Purchases

All prices displayed on our Services are in U.S. Dollars. We reserve the right, without prior notice, to discontinue or change specifications and prices on products without incurring any obligation to you. We take reasonable precautions to try to ensure that the prices quoted on our Services are correct, and to describe the items available on our Services as accurately as possible and to depict the most up to date packaging. However, when ordering products, please note that we do not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on our Services will match the actual product that you receive. If a product described on our Services is not as described when you receive it, or the packaging on our Services does not match the product you receive, your sole remedy is to return it to us in an unused and undamaged condition in accordance with our <a href="https://skyorganics.com/pages/refund-policy">Return Policy</a>, which is found on the Site. Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to ensure the accuracy of the information on our Services and to correct errors once discovered. We reserve the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error has occurred after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. 

For more detail, please review our <a href="https://skyorganics.com/pages/refund-policy">Return Policy</a>.

7. 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 the same credit card, or orders that use the same billing 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 or billing address or 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 on our Site or using our Services. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, so that we can complete your transactions and contact you as needed. 

You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) in connection with your account or purchase. We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our <a href="https://skyorganics.com/policies/privacy-policy">Privacy Policy</a>. 

 You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your device(s) or account. You agree to accept responsibility for any and all activities or actions that occur under your account or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account or billing information. You may not use the billing information or identity of another person or entity without proper prior authorization.  

8. Optional Third-Party 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 third-party tools offered through our Services 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 or features on or through our Services (including, the release of new tools and resources). Such new features or services shall also be subject to these Terms. 

9. Third-Party Links

Certain content, products and services available via our Services may include materials from third parties.
Third-party links on our Services 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 carefully review the third-party's terms and conditions, 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. 

10. Privacy

Any information you give us will be stored and used in accordance with our <a href="https://skyorganics.com/policies/privacy-policy">Privacy Policy</a>. By indicating your acceptance of these Terms, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our <a href="https://skyorganics.com/policies/privacy-policy">Privacy Policy</a>. 

11. Errors, Inaccuracies and Omissions

Occasionally there may be information on our Site or via our Services that contain 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 on our Site, via our Services, 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 on the Site, in our Services, or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, in our Services, or on any related website, should be taken to indicate that all information on the Site, in our Services, or on any related website has been modified or updated. 

12. Prohibited Uses

In addition to other prohibitions set forth in these Terms, you shall not use the Site or our Services: (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 Services or of any related website, other websites, related 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.  

In addition to other prohibitions as set forth in these Terms, you shall not: (k) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or create derivative works based on the whole or any part of our Services, for any purpose whatsoever; (l) modify, adapt, improve, or create any derivative work from the Site or any part thereof or permit our Services or any part thereof to be combined with or become incorporated in any other programs; (m) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of us or our affiliates, partners, or suppliers; (n) use our Services in a manner that derives revenue directly from our Services, or use our Services for any other purpose for which it is not designed or intended; (o) use our Services for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for our Services, products, or software offered by us; (p) use our Services to send automated queries to any website or to send any unsolicited commercial e-mail; (q) circumvent, disable or tamper with any security-related components or other protective measures applicable to our Services or your device; (r) reproduce, archive, retransmit, distribute, disseminate, sell, lease, rent, exchange, modify, broadcast, synchronize, publicly perform, publish, publicly display, make available to third parties, or transfer or circulate the Site or our Services; (s) copy, reproduce, reuse, upload, post, transmit, or distribute any content presented in or provided by our Services, including, without limitation, for public or commercial purposes, including any text, images, audio, and video; (t) rent, lease, sub-license, loan, distribute, time-share, or translate the Site or our Services in any way; (u) sell, resell, or exploit our Services in whole or in part (including object and source code), in any form to any person or entity; or (v) use our Services in a way that could damage, disable, overburden, impair, or compromise our systems or security or interfere with other users, or restrict or inhibit any other user from using our Services.  

We reserve the right to terminate your use of the Site or our other Services for committing any of the prohibited uses.

13. Text Messaging (“SMS”) Terms of Use

Sky Organics offers its customers mobile alerts about order and shipping updates and other marketing messages about events, new products, and other offers by SMS message (the "SMS Service"). By participating in the SMS Service, you are agreeing to these Terms of Use and to the <a href="https://skyorganics.com/policies/privacy-policy">Privacy Policy</a>. When you opt into our SMS Service, you understand and agree that these Terms are incorporated into, and become part of, these SMS Terms of Use (and both documents are together, the “Terms”). THE TERMS CONTAIN AN ARBITRATION AGREEMENT, JURY AND CLASS ACTION WAIVERS, LIMITATIONS ON OUR LIABILITY, AND OTHER PROVISIONS THAT AFFECT YOUR LEGAL RIGHTS REGARDING THE SMS SERVICE.  PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS. 

13.1 Signing Up and Opting-In to the SMS Service

Enrollment in the SMS Service requires you to provide your mobile phone number and electronic signature to agree to these Terms. You may not enroll if you are under 18 years old (except in Alabama and Nebraska, 19 years old). Before the SMS Service starts, you will need to verify the mobile phone number you provided by responding to a text message to your mobile phone that affirms your choice to opt-in to this SMS Service and your agreement to these Terms. Sky Organics reserves the right to stop offering the SMS Service at any time with or without notice. 

By opting into the SMS Service, you:

• Authorize Sky Organics to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). 
• Acknowledge that you do not have to agree to receive messages as a condition of purchase. 
• Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. 
• Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please call (888) 899-9305. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

13.2 Messages You May Receive

Once you affirm your choice to opt into the SMS Service, your message frequency may vary. You may receive an alert when:

• you are welcomed into the SMS Service
• an order has been placed
• an order has been delivered
• an item or items has shipped; an item or items are ready for an in-store pick up
• there are general marketing or promotions

13.3 Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.

Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. Sky Organics may add or remove any wireless carrier from the SMS Service at any time without notice. Sky Organics. and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

13.4 To Stop the SMS Service

To stop receiving text messages from Sky Organics reply STOP to any of the text messages you have received from Sky Organics.  For Services operated through a different number, text STOP to that number to opt out. Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To complete your opt-out, please provide the requested clarification. You acknowledge that the text message platform may not recognize and respond to unsubscribe requests that do not include the STOP keyword command and agree that Sky Organics and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Sky Organics through any other programs you have joined until you separately unsubscribe from those programs. These Terms still will apply if you withdraw the consent mentioned above or opt out of the SMS Service. 

13.5 Help and Questions

You can text HELP for help at any time. This will provide you a link to the Terms along with a phone number to call for assistance. If at any time you forget what keywords are supported, just text “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe.  You can also contact us at (888) 899-9305.  

13.6 Mobile Phone Number Change

In the event that you change or deactivate your mobile phone number, you agree to notify Sky Organics by emailing help@skyorganics.com or calling (888) 899-9305. 

13.7 Data and Message Frequency

Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Sky Organics as part of this service. Sky Organics may use this information to contact you and provide services you request from Sky Organics. Sky Organics may also use this information as described in the subscription list you’ve enrolled in. Sky Organics may use an automatic dialing system to deliver text messages to you. If you have questions regarding our privacy practices, please read our privacy policy at <a href="https://skyorganics.com/policies/privacy-policy">Privacy Policy</a>.  

As always, message and data rates may apply for any messages sent to you from us and to us from you.  This does not include messages non-autodialed messages such as those from sales associates, conversations with “HELP” providers, or package delivery updates.  If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Sky Organics provides, contact us at (888) 899-9305.  

Sky Organics will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator. 

14. Content, Ownership, Limited License and Rights of Others

(a) Content. The Site and our Services contain a variety of: (i) materials and other items relating to us and our products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of our Services, and the compilation, assembly, and arrangement of the materials of our Services and any and all copyrightable material (including source and object code); (ii) trademarks, trade dress, logos, trade names, service marks, and/or trade identities of various parties, including our trademarks; and (iii) other forms of intellectual property (all of the foregoing collectively, “Our Content”). 

(b) Ownership. Our Services (including past, present, and future versions) and Our Content are owned by us, our licensors or certain other third parties. All right, title, and interest in and to Our Content available via the Services is the property of us or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and unfair competition rights and laws to the fullest extent possible. We own the copyright in the selection, compilation, assembly, arrangement, and enhancement of Our Content on the Site and our other Services. 

(c) Limited License. We grant you a limited license to access and make personal use of the Site and Our Content only for noncommercial purposes and only to the extent such use does not violate these Terms. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by us or Our Content providers. The Site and our Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of us without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Site or our other Services. You may use the Site and our other Services only as permitted by law. The foregoing limited license: (a) does not give you any ownership of, or any other intellectual property interest in, Our Content, and (b) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.  

(d) Rights of Others. When using our Services, you must respect the intellectual property and other rights of us and others. Your unauthorized use of Our Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Services, then please see Section 16 below. 

15. Your User Content

Our Site may provide functionality enabling you to make available your own comments and content. When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available any comments, suggestions, ideas, inquiries, data, text, software, music, audio files, photographs, graphics, images, videos, messages, ideas, suggestions or other materials ("User Content") on or to our Site, you are entirely responsible for such User Content. You understand you are participating in a public forum and that any User Content that you submit to us, or the Site may be available to all other Site users. We do not endorse any User Content, nor any opinion, representation, recommendation or advice contained therein, and we expressly disclaim any and all liability in connection with User Content submissions. 

As to all User Content that you submit, you warrant that:

(a) you are either the User Content's sole author and owner of all intellectual property rights therein, or you possess all necessary rights, releases, consents and/or licenses to enable and authorize you and our use of the User Content on the Site (and elsewhere) as provided hereunder; and 

(b) any User Content that you submit is: (i) not false, defamatory, obscene or misleading, (ii) does not violate any right of any other person or entity, or any applicable law or ordinance, (iii) does not contain any computer viruses, malware or other potentially harmful electronic files, or any material intended to disrupt, alter, damage or destroy any part of the Site, (iv) does not contain any unauthorized advertising, and (v) not, or would not reasonably be considered to be, harmful, defamatory, bullying, libelous, vulgar, obscene, pornographic, invasive of another's privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation.

You grant us a royalty-free, perpetual, worldwide, unlimited, nonexclusive, irrevocable, license to use, copy, publish, distribute, modify, edit, create derivative works from, translate and display any User Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that we are free to use any User Content for any purpose, including but not limited to the Site, our e-mails, social media posts, media content or promotional materials. We shall be under no obligation to preserve or pay compensation for use of any User Content. You further grant to us the right to use your name in connection with any such User Content, but we shall not be obligated to attribute any of your User Content to you. You warrant that all User Content that you submit shall comply with the Federal Trade Commission's Guides on the Use of Endorsements and Testimonials in Advertising, including but not limited to your disclosing if you have received any incentive or compensation for submitting User Content to 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 rights or these Terms. 

We shall not be responsible for evaluating your User Content, and we do not assume any responsibility or liability for User Content. We do not endorse or control the User Content transmitted or posted on the Site and do not warrant its accuracy, integrity or quality. You acknowledge that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. You hereby waive all rights to any claims against us of any type arising out of your use of the Site or any User Content that you may encounter on the Site. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content.

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. 

16. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable Law.

i. Notification. If you believe any materials accessible on or from our Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the "DMCA"), your written notice (the "DMCA Notice") must include substantially the following: 

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on our Services, a representative list of such works. 
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If You fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on our Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. 

ii. Counter Notification Procedures. If you believe that material you posted on our Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following: 

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which our Services may be found) and that you will accept service from the person (or an agent of that person) who provided our Services with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

iii. Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter-Notices is: 

Compliance Department
2901 Clint Moore Rd
Ste 2 PMB 1002
Boca Raton, FL 33496, USA
help@skyorganics.com

17. Disclaimer of Warranties

You agree that from time to time we may remove our Services for indefinite periods of time or cancel our Services at any time, without notice to you.

YOUR USE OF OUR SERVICES, INCLUDING THE SITE, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND ANY SITE-RELATED SERVICE THAT IS PROVIDED TO YOU, IS AT YOUR SOLE RISK. OUR SERVICES, INCLUDING THE SITE, ANY CONTENT, SOFTWARE OR INFORMATION CONTAINED WITHIN THE SITE AND ANY SITE-RELATED SERVICE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR LICENSORS, AND OTHER RELATED PARTIES, AND THEIR RESPECTIVE OFFICERS, AGENTS, REPRESENTATIVES, MEMBERS, MANAGERS, AND EMPLOYEES, EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME. 

NEITHER WE NOR OUR LICENSORS, AND OTHER RELATED PARTIES, OR THEIR RESPECTIVE OFFICERS, AGENTS, MEMBERS, MANAGERS, REPRESENTATIVES, AND EMPLOYEES MAKE ANY REPRESENTATION OR WARRANTY THAT: (a) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (b) MATERIALS, SOFTWARE OR CONTENT AVAILABLE FROM THE SITE OR OUR SERVICES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (c) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR ERROR-FREE; (d) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (e) THE QUALITY OF ANY SERVICES, PRODUCTS, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR OUR OTHER SERVICES WILL MEET YOUR EXPECTATIONS; AND (f) ANY ERRORS IN OUR SERVICES, INCLUDING THE SITE OR SOFTWARE WILL BE CORRECTED. 

18. Limitation of Liability

(a) IN NO EVENT WILL WE OR ANY OF OUR LICENSORS, SERVICE PROVIDERS OR SUPPLIERS BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OF OUR SERVICES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY: (i) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT OR DIMINUTION IN VALUE; (ii) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF OUR SERVICES, IN WHOLE OR IN PART, INCLUDING, WITHOUT LIMITATION, THE SITE; (iii) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF YOUR DATA, OR A BREACH OF DATA OR SYSTEM SECURITY; OR (iv) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. 

(b) IN NO EVENT WILL WE OR ANY OF OUR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR OTHERWISE, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF OUR SERVICES OR ANY AGREEMENT OR RELATIONSHIP FORMED AS A RESULT OF YOUR USE OF OUR SERVICES, INCLUDING WITHOUT LIMITATION, FINANCIAL LOSS, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT AVAILABLE BY OR AS A RESULT OF YOUR USE OF OUR SERVICES. 

(c) IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF OURS AND OUR LICENSORS, SERVICE PROVIDERS AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OR ITS SUBJECT MATTER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU TO US UNDER THESE TERMS DURING THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR, IF YOU HAVE NOT PAID US IN CONNECTION WITH THE USE OF ANY SERVICES, THE AMOUNT OF $25.00. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION APPLIES NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(d) Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these state laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you. In the event that the foregoing is determined or held to be inapplicable or unenforceable by any court, Arbitrator, arbitration panel or other tribunal, then the statute of limitations for the State of Florida, including Chapter 95, Florida Statutes, will apply to any such action, claim, dispute or proceeding referred to final or binding arbitration. 

19. Disputes: Arbitration Agreement, and Class Waiver

Please read this section carefully. Except as the Terms otherwise provide, you waive your rights to try any claim in court before a judge or jury and to bring or participate in any class, collective, or other representative action.

 19.1 Agreement to Binding Arbitration

Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including, but not limited to, information or representations related to our products and upon which you rely. You may seek to resolve any customer concerns through our Support services at 1-(888) 899-9305 or send the written description by U.S. Mail to 2901 ClintMoore Rd, Ste 2 PMB 1002, Boca Raton, FL 33496; Attn: Compliance Department. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 30 days after our receipt of your written dispute, you agree to the dispute resolution provisions below. 

By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against us, the Site and/or our Services on an individual basis in arbitration, as set forth in this Section 19.  You and we agree that any disputes between us (including any disputes between you and a third-party agent of Sky Organics) will be resolved through binding and final arbitration and not in a court, except that you may assert claims in small claims court if your claims qualify. This includes, but is not limited to, (a) any dispute, claims, or controversy arising out of or relating to any part of the Terms, or the existence, breach, termination, enforcement, interpretation or validity thereof; or (b) your access to or use of our Services, including the Site’s services or products at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in the county of your billing address (or such other location as you and we mutually agree) and shall be before one arbitrator. The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this agreement. 

The parties agree that the arbitrator (“Arbitrator”), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether the Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. 
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, the Arbitrator can award on an individual basis the same damages and relief as would be available in court, and must enforce the same limitations stated in these Terms as a court would. 
Notwithstanding the foregoing, either party may bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyright rights, trademarks, trade secrets, patents or other intellectual property rights. 

19.2 No Class Action

You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, the Arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. 

19.3 Rules and Governing Law

The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms. 

Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Florida, without regard to its conflict of laws provisions. 

19.4 Arbitration Process

You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and Sky Organics, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website. Or you may contact the AAA at 800-778-7879. 

Complete the Demand for Arbitration and make at least four (4) copies. Keep one copy for your records. Send one copy to us by certified mail at Compliance Department, Notice of Dispute, 2901 ClintMoore Rd, Ste 2 PMB 1002, Boca Raton, FL 33496 ("Notice Address"). 
Send the final two copies of the Demand for Arbitration to the AAA. Please be sure to include (1) a copy of this arbitration provision in its entirety (you may obtain a copy from our Site); and (2) the appropriate AAA filing fee. You may obtain the amount of the fee by consulting the AAA's rules. Those rules may be obtained by visiting the Consumer section on AAA's website, or by calling the AAA at 800.778.7879. 
If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the Arbitrator, by a telephonic hearing or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a right to a hearing. 
Unless you and we agree otherwise in writing, in the event that any provision of this section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Palm Beach County, Florida. You and we will submit to the personal jurisdiction of the courts located within Palm Beach County, Florida for the purpose of litigating all such claims or disputes. 

19.5 Arbitrator’s Decision

The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.  

Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. 

Judgment on any award rendered by the Arbitrator is final, binding and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors and assigns. 

With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law. 

19.6 Fees

Payment of all filing, administration and Arbitrator fees will be governed by the AAA's applicable consumer rules. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator. 

19.7 Opt-Out Procedure Applicable To All Consumers

You can decline this agreement to arbitrate by emailing us at help@skyorganics.com and providing the requested information as follows: (1) Your Name; (2) the URL of these Terms; (3) Your Address; (4) Your Phone Number; and (5) a clear statement that you wish to opt out of this arbitration provision in the Terms. The Opt-Out Notice must be emailed no later than 30 calendar days after the date you first accept these Terms. 

20. Indemnification

You agree to indemnify, defend and hold us harmless (as well as our officers, directors, managers, members, employees, contractors, representatives, and agents) from and against any and all losses, damages, settlements, costs, fees, penalties, causes of action, third party claims, expenses, and all other liabilities, including, but not limited to, attorney’s fees and legal costs, arising out of, related to, or in connection with: (a) your use of the Site or Services, or your connection to the Site; (b) any material or any other content or information that you submit, post or upload to or transmit through the Site or our Services; (c) your violation or breach of any of these Terms; (d) non-payment by you for any of the Services; or (e) your tortious misconduct, including, but not limited to, fraud, and any other tort or your violation of any law or the rights of any third-party. These obligations will survive any termination of your relationship with us or your use of the Site or our Services.  

21. Severability

If any portion of these Terms are found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

22. Disclaimer of Medical Advice

THE CONTENT CONTAINED ON OUR SITE OR VIA OUR SERVICES MAY CONTAIN INFORMATION ABOUT NATURAL INGREDIENTS, NATURAL PROCESSES, OR NATURAL THERAPIES THAT ARE NOT EVALUATED OR REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION. THIS INFORMATION IS NOT INTENDED AS MEDICAL ADVICE, IT IS NOT A SUBSTITUTE FOR A PROFESSIONAL MEDICAL DIAGNOSIS, NOR DOES IT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS.  

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, PHARMACIST OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR TREATMENT OR A CHANGE IN YOUR PERSONAL CARE OR HEALTH CARE REGIME. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON OUR SITE OR VIA OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE RESULTS OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, USERS’ CHOOSING TO SEEK OR NOT TO SEEK PROFESSIONAL MEDICAL CARE, OR USERS’ CHOOSING OR NOT CHOOSING SPECIFIC TREATMENT BASED ON OUR SERVICES CONTENT.

23. Termination

We may terminate or suspend your access to the Site or our Services at any time without prior notice or liability in our sole discretion for any reason whatsoever, including, but not limited to, your violation of any provision of these Terms. You may terminate these Terms at any time by discontinuing use of our Services and ceasing to use our Site.  

24. Entire Agreement and Assignment

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on our Services 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). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. You may not assign these Terms or your rights to use all or any portion of our Services without our prior written consent.

25. Minors

Our Services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under the age of 18. YOU MUST BE AT LEAST 18 YEARS OLD TO ACCESS AND USE OUR SERVICES. If you are under the age of majority in your home state, which is 18 in most states, you may not establish a registered account with us, and you should use our Services only with the consent and supervision of a parent or guardian who agrees to be bound by these Terms. Additionally, certain sections of our Services, as well as promotions, programs and commerce we may offer on our Services, may be explicitly limited to people over the age of majority. If you are not old enough to access our Services or certain sections or features of our Services, you should not attempt to do so. 

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at OnGuard Online. Please note that we do not endorse any of the products or services listed at such sites. 

26. Territorial Restrictions

We control and operate our Services from the United States and we make no representations or warranties that the information, products, or services provided through our Services, are appropriate for access or use in other jurisdictions. You are not permitted to access or use our Services in any jurisdiction or country if it would be contrary to the law or regulation of that jurisdiction or if it would subject us to the laws of, or any registration requirement with, such jurisdiction. We reserve the right to limit the availability of our Services or the provision of any related content, information or materials to any person, geographic area, or jurisdiction, at any time and in our sole and absolute discretion. Each claim or statement about the effectiveness of our products or comparing the effectiveness of our products is expressly limited to the United States, unless otherwise disclosed. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR ANY PART THEREOF IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES. Those who choose to access our Services do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. You are also subject to United States export controls and are responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. We may limit our Services’ availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. 

27. Interpretation

For purposes of these Terms, (a) the word “including”, or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it; (b) the word “or” is not exclusive; and (c) words denoting the singular have a comparable meaning when used in the plural, and vice-versa. These Terms are drafted in the English language. If these Terms are translated into any other language, the English language text will prevail.

28. Contact Information

If you have any questions about these Terms, please contact us in one of the following ways:

EMAIL: help@skyorganics.com 
ADDRESS:
Sky Organics, LLC, d/b/a Sky Organics
2901 Clint Moore Rd
Ste 2 PMB 1002
Boca Raton, FL 33496, USA