TERMS AND CONDITIONS

These Terms and Conditions of Service (“Terms of Service”) govern your membership on TheOrganicProject.com and its associated mobile sites (the “The Organic Project Sites” or the “Sites”) and your purchases and use of products and services available through the The Organic Project Sites. The The Organic Project Sites are operated by Luriemar. LLC and/or its subsidiaries and affiliates (collectively, “The Organic Project”). Your use of the The Organic Project Sites and these terms are also governed by the Website Terms of Use (“Terms of Use”), which are incorporated herein by reference. www.TheOrganicProject.com/webterms. Please read these Terms of Service and Terms of Use carefully as they contain important information, including how any disputes between you and The Organic Project must be resolved through arbitration or small claims court. 

By establishing membership on the The Organic Project Sites, or purchasing or using products or services through the The Organic Project Sites, you acknowledge and agree as follows:

  1. GENERAL

    These Terms of Service have been executed and delivered by you and constitute a valid and binding agreement between you and The Organic Project, enforceable against you in accordance with their terms. You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

    You shall establish and use your membership on the The Organic Project Sites, and purchase and use the products and services available through the The Organic Project Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and The Organic Project may be recorded.
     

  2. PRIVACY NOTICE

    A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information by The Organic Project is located at www.theorganicproject.com/privacy-policy. You consent to any personal information we may obtain about you (either via the The Organic Project Sites, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. The Organic Project may update its Privacy Notice from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.
     

  3. THE ORGANIC PROJECT MEMBERSHIP
    • Establishing a Membership

      You may establish membership on the The Organic Project Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service, (2) provide contact information and identification details, and (3) submit any other form of authentication required as part of the enrollment process, in The Organic Project's sole discretion. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

    • Use of Membership

      You shall not use your The Organic Project membership for any purpose competitive to The Organic Project. You will notify The Organic Project immediately by emailing Info@TheOrganicProject.com of any unauthorized use of your The Organic Project membership or the The Organic Project Sites known to you, whether by you or a third party.

    • Membership Termination

      You may cancel your The Organic Project membership at any time by contacting The Organic Project customer service as specified on the “Contact Us” page on the The Organic Project Sites. The Organic Project may terminate your membership and refuse any and all current or future use of the The Organic Project Sites or other services, or any portion thereof, (1) in order to comply with applicable Law, (2) if you provide any information that The Organic Project determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (3) if The Organic Project determines, in its sole discretion, that you are using your The Organic Project membership in a manner not permitted by these Terms of Service or the Terms of Use.
       

  4. PURCHASES
    • Order Processing

      The Organic Project may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances The Organic Project deems appropriate in its sole discretion. The Organic Project also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. The Organic Project will either not charge you or refund the charges for orders that we do not process or cancel.

    • Return Policy

      The Organic Project accepts returns on certain merchandise on a case-by-case basis. For The Organic Project's Return Policy, which may change from time to time, please visit www.theorganicproject.com/shipping-returns.

    • Product and Service Descriptions

      The Organic Project attempts to provide accurate descriptions of products and services on the The Organic Project Sites. The Organic Project does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the The Organic Project Sites is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions.

    • Pricing Information

      The Organic Project strives to provide accurate pricing information regarding the products and services available on the The Organic Project Sites. We cannot, however, insure against pricing errors. The Organic Project reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, The Organic Project will notify you by email. In addition, The Organic Project reserves the right, at its sole discretion, to correct any error in the stated full retail price.

    • Product and Service Availability

      The The Organic Project Sites may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, The Organic Project cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time The Organic Project attempts to process the order. Should this happen, The Organic Project will notify you by email. Service offerings that are out-of-stock generally are no longer available. If The Organic Project determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. The Organic Project will notify you by email and delete the item from the The Organic Project Sites.

    • Shipping and Tax

      Click www.theorganicproject.com/shipping-returns for our policy regarding shipping and tax, which may change from time to time.
       

  5. DISPUTE RESOLUTION
    Except as otherwise provided below, all disputes and claims between you and The Organic Project, arising out of or in connection with or relating to these Terms of Use or Terms of Service, shall be resolved, at the filing party's election, in either a small claims court or by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. All disputes in arbitration will be handled solely between the named parties, and not on any representative or class basis. Further, unless both you and The Organic Project agree otherwise, 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. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim without affecting other individuals. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT), TO CLASS OR REPRESENTATIVE PROCEDURES, OR TO A JURY TRIAL. Notwithstanding any other provision of these Terms of Use or the Terms of Service, The Organic Project may resort to court action for injunctive relief at any time. 
     

  6. ENTIRE AGREEMENT

    These Terms of Service constitute the entire agreement of between you and The Organic Project regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control.
     

  7. SEVERABILITY

    If any provision of these Terms of Service enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.
     

  8. MODIFICATION OF TERMS OF SERVICE

    You acknowledge and agree that The Organic Project may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of The Organic Project membership, by posting revised Terms of Service on the Site.  You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.theorganicproject.com/terms-conditions.  It is your responsibility to check periodically for any changes we make to the Terms of Service but if a revision, in our sole discretion, is material, The Organic Project will notify you.  Your continued use of this Site after any changes to the Terms of Service means you accept the changes.
     

  9. EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

    Notwithstanding the expiration or earlier termination of your The Organic Project membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.
     

  10. EFFECTIVE DATE

    January 04, 2015