Conditions of Use

Terms & Conditions/Safety Notice
The use of the KMSOrganics.com website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website under Conditions of Use (collectively, the "Terms and Conditions"). Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. KMS ORGANICS LLC reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.

Usage Restrictions
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. KMS ORGANICS LLC reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.

Privacy Policy
KMS ORGANICS LLC use of personal information that you may submit to KMS ORGANICS LLC through this Website is governed by the KMS ORGANICS LLC Privacy Policy. Please see Privacy Policy.

Children
From time to time some of the Content appearing on this Website may be directed at children. KMS ORGANICS LLC urges all parents and guardians to monitor and supervise their children's use of this Website and the Internet in general. KMS ORGANICS LLC safeguards and use of personal information that may be submitted by children through this Website is governed by the KMS ORGANICS LLC Privacy Policy. Please see Privacy Policy. <-->
Proprietary Rights
The KMS ORGANICS LLC logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by KMS ORGANICS LLC or a KMS ORGANICS LLC affiliate or by third parties who have licensed their rights to KMS ORGANICS LLC. All Content is copyrighted as a collective work under the U.S. and international copyright laws and KMS ORGANICS LLC owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.

Submissions to www.KMSOrganics.com and Affiliated Servers
Any remarks, suggestions, ideas, messages and data submitted by you to KMS ORGANICS LLC through this Website or other KMS ORGANICS LLC-affiliated websites (collectively, the "Messages") shall be and remain the exclusive property of KMS ORGANICS LLC. Therefore, KMS ORGANICS LLC discourages you from submitting Messages that you do not wish to assign to KMS ORGANICS LLC, including confidential information or any original creative materials such as product ideas or original works. You represent and warrant to KMS ORGANICS LLC, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to KMS ORGANICS LLC of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. KMS ORGANICS LLC is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.

Modification of Content
KMS ORGANICS LLC attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, KMS ORGANICS LLC does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. KMS ORGANICS LLC reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, KMS ORGANICS LLC reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, KMS ORGANICS LLC shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to KMS ORGANICS LLC. Please see our Return/Cancellation Policy.

Placing an Order
At this time, with the exception of KMS ORGANICS LLC gift cards, KMS ORGANICS LLC ships merchandise only to locations within the continental United States and not to international locations. Nor does KMS ORGANICS LLC ship to Alaska, Hawaii, Puerto Rico, Guam or the US Virgin Islands. KMS ORGANICS LLC gift cards are shipped within the continental United States, as well as Alaska, Hawaii and Puerto Rico. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see KMS ORGANICS LLC shipping and delivery policies in more detail, please see Shipping Info.
You may purchase merchandise from this Website by using any one of the payment options listed in Payment Options. KMS ORGANICS LLC reserves the right to change its payment procedures at any time without prior notice to you.
KMS ORGANICS LLC does not charges sales tax for merchandise ordered on this Website. You are responsible for all taxes.
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to KMS ORGANICS LLC return policy, available under Returns/Cancellations.

DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. KMS ORGANICS LLC DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF KMS ORGANICS LLC, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT KMS ORGANICS LLC DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
KMS ORGANICS LLC DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. KMS ORGANICS LLC DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
KMS ORGANICS LLC reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
To properly serve all customers, KMS ORGANICS LLC reserves the right to limit quantities. Only one (1) of this item may be placed into your shopping cart. KMS ORGANICS LLC further reserves the right to cancel multiple orders of this item purchased by the same KMSOrganics.com user and/or shipped to the same delivery address.
KMS ORGANICS LLC may display advertising prints for products sold through this Website. KMS ORGANICS LLC attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.

Limitation of Liability
IN NO EVENT SHALL KMS ORGANICS LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF KMS ORGANICS LLC OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN KMS ORGANICS LLC TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Enforcement
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Michigan, without giving effect to any principles or conflicts of laws.

Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by KMS ORGANICS LLC (although some such sites may have an affiliation with KMS ORGANICS LLC) (collectively, "Third Party Sites"). Such links are provided for your convenience only. KMS ORGANICS LLC makes no representations whatsoever about any Third Party Sites which you may access through this Website, as KMS ORGANICS LLC has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site is granted or implied. Please Note: The privacy policies applicable to Third party Sites may differ significantly from KMS ORGANICS LLC Customer Information Privacy Policy and KMS ORGANICS LLC Children's Online Privacy Policy. You are encouraged to review the applicable privacy policies of such Third Party Sites.

Miscellaneous
The Terms and Conditions constitute the entire agreement between you and KMS ORGANICS LLC with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and KMS ORGANICS LLC with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by KMS ORGANICS LLC. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.