All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Light of Day Organics. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Light of Day Organics or any third party, except as expressly granted herein. Light of Day Organics logo is a registered trademark of Light of Day Organics. Other products and company names mentioned on the Site and/or Application may be trademarks of their respective owners.
- Limited Right to Use.The viewing, printing or downloading of any content, graphic, web-based form or document from the Site and/or Application grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, web-based form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
- Editing, Deleting and Modification.We reserve the right in our sole discretion to add, edit or delete any documents, information, functionality or other content appearing on the Site and Application.
- Indemnification.You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site and/or Application.
- Nontransferable.Your right to use the Site and/or Application is not transferable. Any password or right given to you to obtain information or documents is not transferable.
- Disclaimer and Limits.THE INFORMATION FROM OR THROUGH THE SITE AND/OR APPLICATION ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, SECURITY VULNERABILITIES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
- Third-Party Services.We reserve the right to allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services from time to time. You understand that we do not operate or control the products or services offered by featured Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
- Third-Party Merchant Policies.All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
- Payments.You may purchase merchandise from this website by using any one of the secure payment options we have made available. When you complete your order, your credit card is billed immediately through our secure server. We do not have access to your private information; therefore, we cannot make changes to your online order once you confirm your order. Light of Day Organics reserves the right to change its payment procedures at any time without prior notice to you.
- Securities Laws.This Site and/or Application may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, which are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and/or Application and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- Links to other Web Sites.The Site and/or Application may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Copyrights and Copyright Agents.All content appearing on this website is the property of Light of Day Organics located at 3502 E. Traverse City, MI 49684 Copyright 2005-2019. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright 2005-2017 Light of Day Organics. All rights reserved.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the material that you claim is infringing is located on the Site and/or Application; (d) Your address, telephone number, and email address; (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site is Angela Macke who can be reached as follows: By mail: Angela Macke c/o Light of Day Organics 3502 E. Traverse Hwy. Traverse City, MI 49684 United States By email: email@example.com
- Return, Refund and Cancelation Policy.If for any reason you are unhappy with your purchase, please contact us immediately to discuss the problem you are facing. At Light of Day Organics, we adhere to rigorous health and safety standards, and will not sell used goods of any kind. For these reasons, we are therefore unable to accept returns or issue refunds on our products, even if they remain in their original packaging. If your package is returned to Light of Day Organics marked as “refused”, “unclaimed”, or “undeliverable”, and you would like to have it re-shipped, we will unfortunately need to charge you the actual re-shipping fee we incur. Should you receive an incorrect order, we’ll correct it at no charge right away. Please call our order fulfillment department at 231-228-7235, or email Teafairy@lightofdayorganics.com. Our hours vary with the season, so please leave a message for us on our phone line if we do not answer so that we can help you on our next arrival to the office.
- Information and Press Releases.The Site and/or Application contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Light of Day Organics and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Light of Day Organics believes that customer conduct violates applicable law or is harmful to the interests of Light of Day Organics and its subsidiaries. This Agreement shall be treated as though it were executed and performed in Traverse City, Michigan, USA, and shall be governed by and construed in accordance with the laws of the State of Michigan (without regard to conflict of law principles). Any cause of action by you with respect to the Site and/or Application (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Traverse City, Michigan. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site and/or Application is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
- SHIPPING AND DELIVERY
Orders are regularly processed and shipped via Priority Mail within 3 business days of you placing your order. You will be charged a shipping and handling fee when you place your online order, to cover expenses charged to Light of Day Organics by the U.S Postal Service. If your package is returned to Light of Day Organics marked as “refused”, “unclaimed”, or “undeliverable”, and you would like to have it re-shipped, we will, unfortunately, need to charge you the actual re-shipping fee we incur. You must notify us within 15 days from the date of your order if you did not receive it. If you have received an inaccurate order, you need to contact us within 3 days from the date of receiving your package (verified by USPS tracking). Should this happen, we will get you what you need right away, and you will not be charged for additional shipping fees. Light of Day Organic’s retail website ships merchandise to locations within the United States using USPS Priority Mail, and internationally using USPS Priority International. The risk of loss and title for all merchandise ordered on this website pass to you when the merchandise is delivered to the shipping address by the U.S Postal service, our mail and parcel carrier.
21. MEDICAL DISCLAIMER
The information contained in this website or in any of our literature is not presented as medical advice, nor should it be used as a substitute with a qualified and licensed physician. Although much of the information can be found in sources cited in the Tea Association of America's brochures, on the U.S Dept. of Agriculture's website, and in many cited independent studies, much of the investigation related to Tea and Tisanes has, unfortunately, not been thoroughly evaluated by the United States Food and Drug Administration to date. Our products are not designed to treat, cure, diagnose or prevent any specific diseases, and therefore any information contained herein is not to be read as a specific remedy or intended to guarantee any specific result. We are not responsible for any adverse effects or consequences resulting from the use of our products or any of the suggestions or procedures discussed within. If you have specific food allergies or aversions, please note all ingredients contained in each of our organic and gluten free products. An noted above, all matters pertaining to your health and well-being should be discussed with your licensed medical physician. Thank you.