Terms and Conditions of Use:
By accessing and/or using this website, and/or purchasing any product(s) and/or seed(s) (“Purchased Items”) from this website, YOU agree to be bound by these Terms and Conditions of Use (“TCU”):
1. B. DISCLAIMER OF WARRANTY. To the fullest extent provided by law, we make no warranties and disclaims all warranties, expressed, implied, or statutory related to the information or products on this website and for any Purchased Items obtained therefrom. Without limiting the foregoing, we make no warranty, promise or guarantee of any kind that (a) operation of the website and/or services will be continuous, timely, uninterrupted, secure, or that the website or its server are free of errors, viruses, or other harmful effects; (b) the website, products, Purchased Items, or services will meet your requirements or expectations; (c) the results that may be obtained from use of the website, products, Purchased Items, or services will be effective, typical, accurate, or reliable; and (d) the quality of any products, services, or information purchased or obtained by you from the website, Purchased Items, or services will meet your expectations or be free from mistakes, errors, or defects. Your use of the website, products, Purchased Items, and services is at your own risk. We expect that you will use caution and common sense when using the website, products and Purchased Items which may be super spicy. We are not liable for any incompleteness or inaccuracies. Under no circumstances or legal theory shall we or our agents, directors, shareholders, members, partners, managers, officers, employees, information providers, distributors, vendors, attorneys, or affiliates be liable to you or any third party for any damages (whether direct, indirect, general, compensatory, incidental, consequential, special, punitive, exemplary or otherwise), injury, claim, or liability of any kind or character based upon or arising from your use of or inability to use the website or services, or Purchased Items, even if we have been advised of the possibility of damages. If you are dissatisfied with the website or services, Purchased Items, or any materials on the website, or with any of the terms of this agreement, your sole and exclusive remedy is to discontinue using the website, products, Purchased Items, and services.
Without limiting the foregoing, our liability for any damage of any kind, direct or indirect, arising from your use of the website or services, any information, content, products, Purchased Items, or services obtained at or from the website, or otherwise relating to your use of the website, products, Purchased Items, or services, shall not exceed the dollar amount paid by you, if any, to us for use of the website, products, Purchased Items, or services. By using any product(s) and/or Purchased Items, you acknowledge and agree that you are fully responsible for any potential effects, proper handling, and proper usage of such product(s) and/or Purchased Items, and you acknowledge and assume any risks that may come therewith, including, without limitation, any physical injuries, health effects, body reactions, and any loss or damages that may occur thereafter.
The foregoing does not alter any liability that cannot be excluded or limited under applicable law.
1. Communication with us is electronic. Every time you send us an email or visit our website, you are communicating with us. You consent to receive communications from us. If you subscribe to our website, you will receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails unless you opt-out of such communication(s). You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet legal requirements that such communications be in writing. Miscellaneous. You agree that the laws of the State of Colorado, without regard to principles of conflict laws, will govern these TCU, or any dispute that may arise therefrom. You agree to indemnify, hold-harmless, and defend LTMF for any violation of these TCU, for which LTMF, in addition to any other remedy, shall be also entitled to injunctive relief for any such violation or violations in the State or Federal Courts located in the State of Colorado (“CO Courts”). You expressly submit to the jurisdiction of, and venue in, the CO Courts. If LTMF, files legal action to enforce these TCU, and it substantially prevails in such action, LTMF, shall be entitled to recover from you its costs and reasonable attorney fees so incurred.
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