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Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By using this website (the “Site”), you signify your acceptance of these terms and conditions of use (“Terms of Use”), and the Privacy Policy. If you do not agree to all of these Terms of Use, and the Privacy Policy, do not use this Site.

Osmia Organics (“Osmia Organics”) may revise these Terms of Use at any time. Your continued usage of this Site will mean you accept those changes, and you will comply with all applicable laws and regulations. The materials provided on this Site are protected by law, including, but not limited to, United States copyright laws and international treaties.

This Site may allow users to communicate with each other using discussion forums, blogs, wikis, and other Web 2.0 methods of posting and sharing information.

Use Restrictions

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Osmia Organics’ licensors, and other materials (“Contents”) is protected by copyright under both United States and foreign laws. Title to the Contents remains with Osmia Organics. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws. Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Osmia Organics or its licensors. Osmia Organics authorizes you to view and download a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include the following copyright notice: “Copyright © 2012, Osmia Organics. All rights reserved” and retain other copyright and proprietary rights notices which were contained in the Contents. Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference. The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Osmia Organics and its licensors. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without Osmia Organics’ written permission, “mirror” any Contents contained in this Site or any other server. You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means. Osmia Organics reserves the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

OSMIA ORGANICS PRODUCTS ARE NOT FOR RESALE UNLESS YOU ARE AN AUTHORIZED WHOLESALE ACCOUNT. ANY UNAUTHORIZED RESALE OF OSMIA ORGANICS PRODUCTS WILL RESULT IN ACTION TO TERMINATE ACCESS TO THE SITE.

User Submissions

The personal information you submit to Osmia Organics is governed by the Osmia Organics Privacy Policy. To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Osmia Organics does not claim ownership of any information or material a user provides to Osmia Organics or posts, uploads, input, submits, or transmits to this Site (“Submission”). You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party. Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Osmia Organics, exposes Osmia Organics or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by Osmia Organics. If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—Osmia Organics a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed. Notwithstanding the foregoing, Osmia Organics is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions. Osmia Organics is not responsible for the consequences of any Submission. Osmia Organics is not responsible for screening or monitoring Submissions made to this Site by users. If notified by a user of a Submission allegedly in violation of these Terms of Use, Osmia Organics may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission. Osmia Organics will have no liability or responsibility to users for performance or nonperformance of such activities.

Osmia Organics reserves the right (but is not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

Liability of Osmia Organics and Its Licensors and Partners

The use of the Site or the Contents is at your own risk. The Contents in this Site could include technical inaccuracies or typographical errors. Osmia Organics may make changes or improvements at any time. THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OSMIA ORGANICS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OSMIA ORGANICS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OSMIA ORGANICS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT OSMIA ORGANICS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

OSMIA ORGANICS ASSUMES NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY OSMIA ORGANICS, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Osmia Organics reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Indemnity

You agree to defend, indemnify, and hold Osmia Organics, its officers, directors, employees, agents, licensors, and partners, harmless from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.

Links

By using this Site, you agree to accept the disclosures in the Osmia Organics Privacy Policy for links to other Sites.

General

Osmia Organics makes no claims that the Contents is appropriate or may be downloaded outside of the United States of America. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Liability of Osmia Organics and Its Licensors and Partners, Use Restrictions, Indemnity, Applicable Laws, and Complete Agreement.

Applicable Laws

These Terms of Use are governed in accordance with the laws of Colorado, United States of America, without regard to its conflict of law provisions. You and Osmia Organics hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Colorado for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Take Down Procedures; and Copyright Agent

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting Osmia Organics (address identified below) and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the Submission that you believe to be infringing and its location. Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission.
  3. Your name, address, telephone number, and (if available) email address.
  4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Osmia Organics’ address for copyright issues relating to this website is as follows:

Osmia Organics
2607 Dolores Way
Carbondale, CO 81623

In an effort to protect the rights of copyright owners, Osmia Organics maintains a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of Osmia Organics on this Site, these Terms of Use, including Osmia Organics Privacy Policy, constitute the entire agreement between you and Osmia Organics with respect to the use of the Site and Contents.X