Terms and Conditions
- SECTION 1 – WEBSITE AND ITS CONTENTS TERMS
- SECTION 2 – GENERAL CONDITIONS
- SECTION 3 – LIMITED ACCESS
- SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- SECTION 5 – MODIFICATIONS TO PRODUCT, SERVICES, AND PRICES
- SECTION 6 – DISPLAY AND AVAILABILITY OF PRODUCTS OR SERVICES
- SECTION 7 – ALLERGIES AND CAUTION CONCERNING PRODUCTS
- SECTION 8 – YOUR ACCOUNT
- SECTION 9 – ORDERS AND ACCURACY OF BILLING
- SECTION 10 – THIRD PARTIES
- SECTION 11 – COMMENTS, REVIEWS AND OTHER COMMUNICATIONS
- SECTION 12 – ELECTRONIC COMMUNICATIONS
- SECTION 13 – PERSONAL INFORMATION
- SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
- SECTION 15 – TRADEMARKS, COPYRIGHTS, AND INTELLECTUAL PROPERTY
- SECTION 16 – PROHIBITED USES
- SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- SECTION 18 – INDEMNIFICATION
- SECTION 19 – SEVERABILITY
- SECTION 20 – TERMINATION
- SECTION 21 – ENTIRE AGREEMENT
- SECTION 22 – GOVERNING LAW
- SECTION 23 – CHANGES TO TERMS AND CONDITIONS
- SECTION 24 – CONTACT INFORMATION
TERMS AND CONDITIONS
OVERVIEW
Welcome to MooreliciousPeppers.com. This website is operated by Moorelicious Peppers (the company) and the terms “we”, “us” and “our” refer to the company. Moorelicious Peppers allows use of this website (the market, all that is listed or seeable, or pertains to), its information, features, tools, products, and services to you (“the user” and “buyer”) and all members of your household and all others who use your account and password only upon accepting and agreeing to the conditions set forth by our Terms and Conditions (“Terms of Service”, “Terms”, “Conditions”, “Service”, and “this Agreement”) and all our other policies and notices.
By visiting our site and or purchasing something from us, you engage and agree to our Terms and Conditions and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and available by us through our website. These Terms and Conditions apply to all users of the website and its contents, including without limitation users who are browsers, vendors, customers, merchants, and contributors of content. Commercial businesses may not purchase our products or services through the website unless we have executed a binding contractual agreement between the parties stating such privileges.
These Terms and Conditions govern our commitments to you, and your rights and responsibilities when using our website and services. Please read them carefully before accessing or using our website and service, and please reach out to us if you have any questions or concerns by emailing contactus@mooreliciouspeppers.com. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance of the Terms and Conditions is mandatory to use our website and its services, otherwise; you do not have our authorized permission to use our website or its services.
Any new features or tools which are added to the current website (or market) shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on the Terms and Conditions page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and or changes on our website or by email (by direct email or Newsletter). It is your responsibility to check this page or your email for changes. Your continued use of or access to the website following the posting or notifying of any changes constitutes acceptance of those changes to the Terms and Conditions.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
SECTION 1 – WEBSITE AND ITS CONTENTS TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state, or that you are the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this site. We do not directly market or sell to anyone who is not the age of majority of their state of residence. The purchasing party must be of the age of majority of their state of residence.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Terms and Conditions, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any malware, worms, viruses, or any code of a destructive nature onto or from our website.
A breach or violation of any of the Terms and Conditions will result in an immediate termination of your use of our website and depending on the severity, at our discretion, involve legal action against such breaches or violations.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time without notice. We take privacy seriously and in some cases your information (excluding credit and debit card information) that you share with us must be shared with affiliates and third parties. In most cases your information must be shared to complete order transactions with payment processing vendors. You understand and agree that your information (excluding credit and debit card information) may be transferred (and possibly unencrypted) and involve (a) transmissions over various networks to third parties or affiliates; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted (as required by law) during transfer over networks with our payment processing vendors. Our Privacy Policy resides as our governing policy for privacy. Please refer to our Privacy Policy for more details concerning the collection and use of personal information. As stated in the Privacy Policy, we do not believe in or participate in the selling of any personal information for monetary compensation.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Terms and Conditions, use of the Terms and Conditions, or access to the Terms and Conditions or any content on the website or products through which we provide, without express written permission from us.
SECTION 3 – LIMITED ACCESS
.Subject to your compliance with these Terms and Conditions and our other policies, we grant you a limited, non-exclusive, non-transferable, non-sublicensable access to browse our website to make personal and non-commercial purchases of our products. This granted limited access does not include any resale or commercial use of our website and its contents, purchase of our products and services; any collection and use of any product listings, descriptions, or prices; any derivative use of our website and its contents or any of our products or services; any downloading, copying, or other use of account information 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 and Conditions are reserved and retained by the company. No use of our website and its contents or our products and services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from us. 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 the company 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 our website and its content and our products and services. This limited, non-exclusive, non-transferable, non-sublicensable access granted by us to you will be terminated if you do not comply with these Terms and Conditions or our other policies.
SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We attempt to keep the website and its content (including the farmer’s market) as accurate and complete as humanly possible. However, we do not warrant or claim that the information on our website and all its content is completely (100%) factual, accurate, complete, or the most current information. If the purchase of an unused or unopen product does not reasonably meet your expectation based on the information provided by our website, please contact us in 48 hours to inquire about a return and refund of your order. All shipping, returns, and refunds are governed by our Shipping, Return and Refund Policy. Please refer to our Shipping, Return and Refund Policy for more information. We do reserve the right to refuse any return or refund of any order at any time. Any reliance on the material on our website or its contents is at your own risk and judgement. We reserve the right to modify our website and its contents at any time; however, we have no obligation to update any information on our site. You agree that we do not have a responsibility to notify you of any changes to our website or its content.
SECTION 5 – MODIFICATIONS TO PRODUCT, SERVICES, AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue any part of the website or its contents and (a) product(s) or service(s) 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 (a) product(s) or service(s). We cannot confirm the price of an item until you order and complete the transaction process. In some cases, some products may be mispriced. If the correct price of a product sold by us is higher than our stated price, we will, at our discretion, either contact you with instructions before shipping or cancel your order and notify you of such cancellation. In the case of a cancellation due to our fault, you will receive full reimbursement by the method you paid with or receive in store credit equal to the original amount of the order.
SECTION 6 – DISPLAY AND AVAILABILITY OF PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. Our products and services may have limited quantities and are subject to return, exchange, and refunds as stated in our Shipping, Return, and Refund Policy. We attempt to display as accurately as possible the colors, images, and sizes of our products that appear on our market; however, we cannot guarantee that your screen’s display displays an accurate, complete, reliable, current, or error-free image of our website and its contents (including products and services). You understand and agree that your screen’s display may not display our website and its contents as we intended for the website and its contents to display as. If an unopened and unused product does not match your expectations based on the images and descriptions we provide on our website, please contact us in 48 hours to inquire about a return and refund of your order. All shipping, returns, and refunds are governed by our Shipping, Return and Refund Policy. Please refer to our Shipping, Return and Refund Policy for more information.
We reserve the right, but we are not obligated to limit the sales of our products or services to any person, commercial business, geographic region, or jurisdiction. 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 our sole discretion. We reserve the right to discontinue any product or service at any time without notice. Any offer for any product or service made on our website 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 the products or services will be corrected.
SECTION 7 – ALLERGIES AND CAUTION CONCERNING PRODUCTS
We claim no responsibility for any allergic reaction, heat intolerance, damage, or any other bodily reaction your body may have or experience due to our products that you chose to purchase or digest. It is your responsibility to know and understand your body, your allergies, and heat tolerance. We label and describe the pungency (spiciness/heat) for some of our products as a caution to buyers before transactions. We do not warrant that any product caution or product description is free of typographical errors, inaccuracies, or omissions (see Section 14). You expressly agree that you are responsible for purchasing and or digesting our products and any bodily effect you may have at your own risk. You expressly indemnify Moorelicious Peppers and our third parties of any adverse effects you may experience.
SECTION 8 – YOUR ACCOUNT
An individual that wishes to purchase (a) product(s) or service(s) from our website or market will need to create an account before finalizing their checkout. Only one account per individual is allowed. An email address may only be associated (used) with one account. During your account setup, you will have to provide your name, email, and an address. We will never ask for your password, and we suggest that you never share your password with anyone. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, terminate your rights to use our website and all its contents, remove or edit content, or cancel orders in our sole discretion.
You may be required to be logged in to your account and have a valid payment method associated with it. You agree to promptly provide current, complete, and accurate account information such as legal name, contact information (email and or phone number), address(es), card information, or any other pertinent information needed to complete a transaction, shipping details for third-party shipping couriers, and contact details. If our third-party payment processors have a problem charging your selected payment method, we may charge any other valid payment method associated with your account otherwise your order will be cancelled if you fail to update your payment method in a timely fashion. We are not obligated to but at our discretion may notify you of a failed payment (and the need to update your payment method) or the cancellation of your order.
SECTION 9 – ORDERS AND ACCURACY OF BILLING
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 address, or per order. These restrictions may include orders placed by or under the same account, the same credit or debit card, orders that use the same billing address, or orders that use the same shipping address. If we make a change to or cancel an order, we will, at our discretion, either contact you before shipping or cancel your order and notify you of such cancellation. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by wholesalers, retailers, dealers, resellers or distributors. Commercial businesses may not purchase our products or services through the website unless we have executed a binding contractual agreement between the parties stating such privileges.
For more details, please review our Shipping, Return, and Refund Policy.
SECTION 10 – THIRD PARTIES
We may provide links to the website of affiliates, third-party companies, and other businesses. We may also provide access to third-party tools over which we neither monitor nor have any control nor input in. You acknowledge and agree that we provide access to third-party links and tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We do not warrant, assume responsibility, or assume liability whatsoever arising from or relating to your use or purchase of third-party tools, products, or services.
If you purchase any of the products or services offered by these third parties, you are purchasing directly from those third parties and their websites, not from our website or its contents. Any use by you of third-party tools, products, or services offered through our website or its contents are entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the third party’s Terms and Conditions, Privacy Policy, and other policies. We may also, in the future, offer new services and or features through our website (including the release of new tools and resources). Such new features and or services shall also be subject to these Terms and Conditions.
We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the appropriate third party.
SECTION 11 – COMMENTS, REVIEWS AND OTHER COMMUNICATIONS
You may post reviews, comments, and certain other communications; and submit suggestions, ideas, comments, questions, or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses or malware, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or any other form of communication, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We have no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; (3) to respond to any comments. We reserve the right but are not obligated to remove or edit such content, but we do not have to regularly review posted content. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions. You agree that your reviews, comments, or other types of communications will not violate any rights of ours or any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You may not use a false email address, pretend to be someone other than yourself, pretend to be an entity, 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. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this or any of our other policies and will not cause injury to any person or entity; and that you will indemnify Moorelicious Peppers and our third parties for all claims resulting from content you supply. We take no responsibility and assume no liability for any comments or content posted by you or any third-party.
SECTION 12 – ELECTRONIC COMMUNICATIONS
You agree to the use of email as the primary form of communication and contact with us. You consent to receive communications from us electronically via emails or messages through our website. When you send an email, comment, leave a review or any other form of communication with us, you are communicating with us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The terms and conditions stated in Section 10 also apply to all electronic communications sent to or held with us.
SECTION 13 – PERSONAL INFORMATION
Please see our Privacy Policy as that policy governs our use and collection of personal information that we gather from you and or the information you provide to us. We do not believe in or practice the act of selling private or personal information for actual monetary gain (meaning the actual sell of information for money).
SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS
We do not warrant our website or its contents to be free of 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 but do not have the obligation to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders if any information on our website or its contents or on any related website is inaccurate at any time unless required by Texas’ state law or federal law. At no point should and update or refresh date listed on our website or its contents or and other website be taken as an indication that any or all information on our website or its contents be free of typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
SECTION 15 – TRADEMARKS, COPYRIGHTS, AND INTELLECTUAL PROPERTY
All content included in or made available by our website and its contents, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, products, and services are the property of Moorelicious Peppers, our content suppliers, and our third parties (in agreement) and protected by United States and international copyright laws. The graphics, logos, page headers, button icons, scripts, and service names included in or made available through our website and its contents are trademarks or trade dress of Moorelicious Peppers in the U.S. or we received the appropriate authority to use third party trademarks and trade dress. Our trademarks and trade dress may not be used in connection with any product or service that is not our own, in any manner that is likely to cause confusion among customers, potential customers, the general public, or in any manner that disparages or discredits Moorelicious Peppers.
We respect and honor the intellectual property of others and hold our users to the same degree. If you believe that your intellectual property rights are being infringed, please contact us at once by the contact information listed at the end of this agreement.
SECTION 16 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial 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 business or website and its contents or of any related website, other 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; or (k) to interfere with or circumvent the security features of our business or website and its contents or any related website, other websites, or the Internet. We reserve the right to terminate your association and use of our business or website and its contents or any related website for violating any of the prohibited uses or any term or condition set in these Terms and Conditions.
SECTION 17 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Our website and its contents, all information, content, materials, products, and services are provided by Moorelicious Peppers on an “as is” and “as available” basis, unless otherwise specified in writing from us. We make no representations or warranties of any kind, express or implied, as to the operation of our or website and its contents, all information, content, materials, products, and services included on or otherwise made available to you by us unless otherwise specified in writing from us. You expressly agree that your use or association with our business or website and its contents is at your sole risk.
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
To the full extent permissible by law, we disclaim all warranties, express or implied, including, but not limited to implied warranties of merchantability and fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that we or our website or its contents, information, content, materials, products, or services are free of viruses or other harmful components. To the full extent permissible by law, we will not be liable for any damages of any kind arising from the use of our website or its contents, information, content, materials, products, or services including but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing from us.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of our website and its contents, products, and services, or for any other claim related in any way to your use of the services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via our website and its contents, products, and services, even if advised of their possibility as permissible to the extent permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Moorelicious Peppers, and any of our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, from and against any and all losses, liabilities, demands, damages, costs, claims, harm, and expenses, including attorneys’ fees, arising out of or related to your use or association with our company, website and its contents, products, and services including but not limited to your violation or breach of our Terms and Conditions, any of our other policies, any agreement between you and us or any agreement with a provider of third-party services used in connection with us, or content that you post.
SECTION 19 – SEVERABILITY
Please review all our policies as these policies also govern your use of our website and its contents, products, and services. We reserve the right to make changes to our website, policies, and Terms and Conditions at any time. If any provision or condition set in these Terms and Conditions are determined to be unlawful, void, or unenforceable, shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed and shall not affect the validity and enforceability of any remaining conditions or provisions.
SECTION 20 – TERMINATION
We may terminate your access to all or any part of our website and its contents, products, and services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated our terms and conditions, any service guidelines, or our other policies. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website and its contents, products, and services. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term, condition, or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and or accordingly may deny you access to our website and its contents, products, and services (or any part thereof). We will have no obligation to provide a refund of any fees previously paid.
SECTION 21 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Our Terms and Conditions and any policies or rules posted by us on our website or its contents or in respect to this agreement constitutes the entire agreement and understanding between you and us and govern your use of our website and its contents, products, and services. Superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions). Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against us and our interest.
If any part of the Terms and Conditions are unlawful, void, or unenforceable, that condition or provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed and shall not affect the validity and enforceability of any remaining conditions or provisions. A waiver by either party of any term or condition of the agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
SECTION 22 – GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you with products and services shall be governed by and construed in accordance with the state laws of Texas. The proper venue for any disputes arising out of or relating to these Terms and Conditions and any access to or use of our website and its contents, products, and services will be the local, state, and federal courts serving Polk County, Texas.
SECTION 23 – CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions on this page at any time or by using the search feature on our website and search “Terms and Conditions”. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website or by notifying you by email. It is your responsibility to check our website or your email for changes. Any changes will apply on a going forward basis, and, unless we state otherwise. The amended Terms and Conditions will be effective immediately. By continuing to use our website and its contents, products, and services after we have posted or notified you, you agree to be bound by the new Terms and Conditions. You have the right to object to any changes at any time and terminate your agreement with us concerning the Terms and Conditions as outlined in Section 19 (Termination).
SECTION 24 – CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us by emailing contactus@mooreliciouspeppers.com.
Written inquires can be sent to:
Moorelicious Peppers
P.O. Box 1321
Livingston, TX 77351