Organic Grocery Deals User Agreement

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Organic Grocery Deals.com
User Agreement

The following User Agreement (UA) has been created so that all Users of Organic Grocery Deals (OGD or Site) so that all Users clearly understand the “Terms and Conditions” set forthwith, to which all Users are bound and obligated to uphold. By registering as a Site member or visiting as a Guest User, you've indicated that you have read and agreed to the “Terms and Conditions” of the Site. This user agreement also establishes what OGD's responsibilities are to you. If you do not fully understand the “Terms and Conditions” please contact us at info@organicgrocerydeals.com prior to registration. Please note that from time to time, these “Terms and Conditions” may be updated and amended. Your continued participation on the Site indicates your acceptance of any changes that are posted in the “Terms and Conditions” forum. If at any time you choose to discontinue your membership, please notify the forum manager at optout@organicgrocerydeals.com.

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Forum Management

• You must hold membership in good standing to post at OGD. At the discretion of the Owners, OGD can bar any registration from any specific email address or ISP.
• Views expressed on the site are the views of the member or Affiliate Merchant (Affiliate) who contributed, and do not necessarily reflect the views of OGD or anyone or any entity associated with OGD.
• OGD uses moderators and administrators to monitor content and appearance of the site. However, they are under no obligation to make content or appearance adjustments unless they deem necessary. Please recognize that there is a wide variety of members on this Site, and the content is vast. It is nearly impossible to monitor every post or message. You agree that OGD, its owners, affiliates, nor any other person or entity associated with OGD will not be held responsible for the accuracy, validity, contents, appearances, or completeness of the information posted to the message boards by Users.
• Users shall not post any content that violates any law, nor shall they post materials that reference the following:
o False, inaccurate, or untrue information
o Defamatory or libelous content
o Content that is hateful, abusive, profane, vulgar, obscene, pornographic
o Content that violates a person’s right to privacy
o Content that is threatening or harassing.
• Users shall refrain from posting any links and materials promoting themselves, their businesses, employers businesses, promotions for a website, or of any entity of which you are affiliated, unless those posts have been approved of by Site Owners, paid for by the User, and appropriately posted in the “Fee-For-Service” sections of the Site. Users in violation of this section of the “Terms of Service” are authorizing OGD to submit invoicing in the sum of $500.00 for advertising charges. This fee will be assessed per post, not per User or entity. In addition, a User or entity posting unauthorized advertising will be subject to any legal and collection fees associated with collection of assessed advertising charges.
• By posting content and materials in the forums at OGD, you are hereby granting OGD express license to distribute, copy, modify, transmit and use said content and materials in any manner deemed appropriate by the Site Owners. You are further warranting that all use of contents posted in the OGD forums shall be done so with world-wide rights of use, with no royalties to ever be granted to the User. You agree that OGD is free to use any ideas, materials, concepts, techniques garnered from your posts without any compensation due to you, the User. The aforementioned can be then further used by OGD for any reason, including but not limited to: research, business model or concept development, marketing, services, manufacturing, or in any business capacity.
• OGD reserves the right to edit, in whole or part, any message or forum content that contains the following:
o Referral programs, website links, content, or information
o Advertisements that have not been approved by Site Owners, or paid for by Users
o Any solicitations including but not limited to: business schemes, pyramid marketing, religious affiliations, donations for personal or charitable use not authorized by Site Owners
o Pornographic or Gaming sites including content, website links, or information
o Content that violates laws or threatens the well-being of Users, Owners, Affiliates, and any other person or entity associated with OGD.
• All Users have a right to question materials they might find objectionable posted within the forums. Upon review the Site Owners or its Moderators may choose to edit, delete, or otherwise leave be the objectionable material at their sole discretion.
• You agree that as a User, you take sole responsibility for the content of your posts, and further, you indemnify and hold harmless OGD, its Owners, Moderators, and any other person or entity associated with OGD with respect to any claim, litigation, or action brought forth against you in response to the content of your post.
• You recognize as the User that content you choose to make publicly available at OGD will be available widespread through internet search engines, and that any email addresses or personal information you make public in the forum can be collected by spammers or dishonest individuals. OGD recommends that you do not use personal information in your public posts, including email addresses, IM addresses, your physical home address, or personal graphics including family pictures in signature lines, as avatars, or within the content of your posts.

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Affiliate Merchant (Affiliate) Membership

• OGD and its Owners are in the business of promoting deals for Users by utilizing resources from Affiliate businesses, advertisers, products, and websites. While authorized Affiliates may have been granted Site access by the Owners to promote their business, products, or websites, their materials and contents do not constitute an endorsement of the products or services which they are advertising. It is incumbent on the User to do due diligence when engaging with an Affiliate, including researching an Affiliate with the Better Business Bureau or the Chamber or Commerce in the Affiliate’s area where it is registered to do business.
• OGD does not monitor Affiliate site content. By clicking through to website links, initiating contact, or otherwise approaching the Affiliate in any manner, the User warrants that OGD be held harmless and not liable for any damages that result from the User engaging in contact with an Affiliate at OGD.
• Affiliates are expressly forbidden from using the Private Mail, posted email or IM addresses, or personal snail mail address information to contact Users individually unless a User has expressly given permission by initiating contact with the Affiliate. Failure to ensure and respect the privacy of the Users is expressly prohibited and Affiliate will be subject to termination of Site access as determined by the Site Owners.

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Copyright Enforcement

• The OGD Site, including but not limited to materials, content, format, trademarks, logos, icons, images, downloads, databases, software, and all accompanying intellectual property rights is the property of OGD, its owners, or the content/software suppliers used by OGD. This material is protected by United States and International copyright laws, and any other applicable intellectual property rights laws. The compilation of the Site in its entirety is the exclusive property of OGD and its Owners, and is also protected by all United States and International copyright/intellectual property laws.
• OGD requires the Users respect the individual rights of other Users with regard to intellectual property, and copyrighted works from all sources. Please make sure that in using materials that belong to another User or source, credit is properly given to the source and no claim is made to the effect that you are the sole owner of the content.
• If you feel your intellectual property rights have been infringed upon, please contact the board administrators with the following:
o The passages or posts that you believe are your intellectual property
o Documented proof that the works have been published elsewhere by you at a previous date to the time the User in question published the materials at OGD.
o Present a clear understanding to Site ownership how the materials are specifically your intellectual property and not general information that can be garnered from other sources besides you
o If you are responsible for the content on behalf of another User or source, that you have clear documentation that you are an authorized agent resolving any disputes for the copyrighted works, under penalty of perjury by law.
o Provide sufficient contact information for Site Owners to contact you or your counsel.
• OGD reserves the right to delete or ban any User whom it feels violated United States and/or International copyright laws, or any other enforceable intellectual property rights laws world wide.

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Unauthorized Use

• OGD expressly prohibits the following:
o Unauthorized access including robots, spiders, scrapers, spammers, or any other automated means of accessing the site without written permission from Site Owners
o Reproduction, copying, or retransmission of materials, content, trademarks and logos, or appearances of the Site
o Exploitation of the site for personal or commercial gain
o Publication, sale or transfer or any of the Site’s content services, images, downloads, databases, audio, video, listings, web links, trademarks, logos, or User information.

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Errors and Omissions

• OGD does not guarantee the accuracy of any information represented on this site, nor does it take responsibility for any damages you incur based on faulty information posted by its Users. OGD expects Users to take responsibility for its use of the Site by:
o Verifying all deals, offers, coupons, redemption policies, and any other laws of the land prior to engaging in any an activity recommended by another User
o Warranting that you are using this Site at your own risk and hold OGD harmless for any damages that occur as a result of your participation on the Site
o Fully acknowledging that the practices, principles, techniques, remedies, medical advice or claims, health claims, or any manner of advice posted here at all has not been verified or validated by OGD, its Owners, Affiliates, or any other person or entity associated with OGD. Further, you are expected and encouraged to seek your own advice from sources including licensed medical or health practitioners, financial or tax professionals, legal council, or any other field expert as necessary.
• OGD is not responsible for redemption errors or omissions, expiration of online offers and coupons, nor is OGD responsible for errors in pricing, special offers, awards, points, or bonuses from Affiliate members either in store or online at the checkout process.
• All offers and pricing listed on the site is subject to change without notice.
• OGD is not responsible for the legality of any offers, coupons, bonuses, free items, redemptions, cash, credit, gift cards or any items in kind from an Affiliate, or the Affiliate’s ability to fulfill its contractual obligations to Users. OGD and its Owners do not control offers made by Affiliates, nor does the Site guarantee accuracy, completeness of information, product availability, rectify product loss, or protect against theft of User information once a User gives personal information to an Affiliate. You hereby waive all claim and release OGD from any damages (actual and punitive), demands, litigious actions, losses, costs, or expenses associated with claims, known or unknown, made against an Affiliate relating to said dispute.

• OGD is not responsible for any trades between users which were unsuccessful. However, please contact an Owner or Moderator if you had a bad trading experience.

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Compliance with the Law and its Agents

• You agree to comply with all laws and regulations applicable to the use of this site, content, interaction with other Users, and interaction with Affiliates. OGD reserves the right to delete or ban User accounts, emails and ISPs associated with the user when the Site Owners recognize that a User is in violation of a law or regulation, or if your participation could be construed as a violation thereof.
• OGD has an obligation to keep the personal information of users safeguarded; however, OGD will release information to identify a user to comply with laws and regulations with a proper court order, search warrant, or subpoena within the context of a criminal investigation or criminal proceeding. Civil requests must be issued to OGD with a valid subpoena.
• In accordance with the law, OGD will respond to all legal requests for User information, however, OGD will assess and invoice for research at $100 per hour, actual costs for shipping, a $20 assessment for handling, and .15c per copy. OGD will respond by the maximum date allowed by law for presenting User information.
• OGD is headquartered in West Linn, Oregon and is subject to the jurisdiction of the Clackamas County Courts; the Oregon State Supreme Court; and the US Federal Circuit Court.
• All subpoenas should be directed to:
o Julie Parrish, Registered Agent
• All materials will be sent via hardcopy to the issuing agent of the subpoena. No information will be transmitted electronically.
• You agree that in a conflict with OGD, the Owners, or any person or entity associated with OGD, that OGD has the Choice of Law for adjudication. Your acceptance of the User Agreement and its Terms and Conditions shall constitute an acknowledgement that jurisdiction shall be held in Clackamas County, Oregon in connection with any conflict with said Agreement or your membership at OGD.
• OGD reserves the right to terminate membership in its entirety if your account is associated with any activity that is suspicious, legally in challenge, or otherwise in conflict with the law.

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Confidentiality

• You are responsible for maintaining the confidentiality of your own personal information, user ID, passwords, pins, or any other information that is personally identifiable to you.
• You are responsible for all logins and content posted by your Username whether the content was authorized by you or not.
• You agree to notify OGD of any theft of your personal information on or off the Site, whereby OGD will close your current account and reissue you a new membership. This protects your personal information, as well as the personal information of other Users you might have stored in you Private Mail box.
• Failure to notify OGD of any theft of personal information that might have a negative impact to other users shall result in immediate termination of your account. You can be held personally responsible by another User and the Site Owners for said lack of notification.
• Users understand that by using the Private Mail system and sending personal information to other Users, that in doing so, they release and hold harmless OGD from any damage, claims, liability, or any other litigious actions that may result from having given out personal information.
• Private Mail is kept confidential by Site Owners and is only ever accessed when a User has given the Site Owners just cause including but not limiting to: harassing other Users; posting illegal content; spamming or soliciting Users; or in the event of a warrant, court order, or subpoena during a criminal proceeding.

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Limits of Liability

• YOU EXPRESSLY AGREE THAT THE USE OF ORGANICGROCERYDEALS.COM IS AT YOUR OWN RISK, AND THAT YOU ARE A WILLING PARTICIPANT OF THIS COMMUNITY.

• ORGANICGROCERYDEALS.COM IS BEING PROVIDED BY OGD "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, OGD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OGD, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOU AGREE THAT OGD WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND ANY AFFILIATED MERCHANT, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST OGD AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, FAMILY, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. OGD DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING ANY GOODS OR SERVICES OFFERED OR PROVIDED BY AFFILIATE MERCHANTS OR SUPPLIERS. OGD DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND OGD ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS, THIS SITE, INCLUDING, BUT NOT LIMITED TO, YOUR INABILITY TO PARTICIPATE IN DEALS, OFFERS, OR EVENTS MADE AVAILABLE BY THE SITE OWNERS OR AN AFFILIATE. IN NO EVENT SHALL OGD BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH YOUR USE OF OGD; ANY ACT OR OMISSION BY OGD IN ADMINISTERING THE WEBSITE OR THE PROGRAM; OR THE PURCHASE OR USE OF ANY GOODS OR SERVICES OF MERCHANTS OR SUPPLIERS, EVEN IF OGD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OGD BE LIABLE TO YOU FOR DIRECT DAMAGES CAUSED BY OGD.

• THE "TERMS AND CONDITIONS" SET FORTH WITHIN THIS AGREEMENT MAY CHANGE FROM TIME TO TIME; OGD WILL POST THOSE CHANGES ON THE “USER AGREEMENT” PAGE OF THE FORUM. YOU CONSENT TO BE BOUND BY ALL THE SAID "TERMS AND CONDITIONS," INCLUDING ANY AND ALL UPDATES THERETO. OGD WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. IT IS YOUR RESPONSIBILITY TO CHECK “USER AGREEMENT” PAGE OF THE OGD SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED. IF YOU DO NOT AGREE TO ANY MODIFICATION OF THIS AGREEMENT, YOU MUST IMMEDIATELY TERMINATE YOUR ACCOUNT, THEREBY SURRENDERING YOUR USER NAME, PASSWORD AND REGISTRATION.

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Indemnification

• YOU AGREE TO INDEMNIFY AND HOLD OGD, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF OGD, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU, OR ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS.

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Termination of Agreement

• ORGANICGROCERYDEALS.COM MAY TERMINATE A USER’S ACCOUNT AT WILL WITH NO STATED CAUSE AT ANY TIME.
• ANY VIOLATION OF THE USER AGREEMENT IS GROUNDS FOR TERMINATION OF YOUR ACCOUNT.
• OGD MAY TERMINATE YOUR ACCOUNT FOR INACTIVITY AND WILL DO SO IF YOUR ACCOUNT HAS BEEN INACTIVE FOR THE PREVIOUS SIX-MONTH (6 MONTH) TIME PERIOD.
• YOU MAY TERMINATE YOUR MEMBERSHIP AT WILL WITH NO STATED CAUSE AT ANY TIME.
• TERMINATION OF YOUR ACCOUNT FOR ANY REASON CONSTITUTES FORFEITURE OF ANY MEMBERSHIP, PRIVLEDGES, OUTSTANDING TIME LEFT ON FEE-FOR-SERVICE ACCOUNTS OR PREMIUM MEMBERSHIP WITH NO REFUND OR RENUMERATION OF FUNDS AS SUCH.
• IF THE SITE OWNERS HAVE TERMINATED YOUR ACCOUNT, ANY ATTEMPTS TO REJOIN THE SITE UNDER A NEW USER NAME, EMAIL, ISP, OR ANY USE OF ANOTHER MEMBER’S ACCOUNT PRIVLEDGES WILL CONSTITURE HARASSMENT OF THE SITE OWNERS AND WILL BE PERSUED FOR REMEDY IN A COURT OF LAW, UNDER THE JURISDICTION OF SUBJECT TO THE HEADQUARTERS OF OGD.
• ANY USER CAUGHT SHARING AN ACCOUNT WITH A DELETED OR BANNED USER WILL FORFEIT THE ACCOUNT IMMEDIATELY WITH NO RENUMERATION OF ANY OUTSTANDING MEMBERSHIP BENEFITS OR VALUE OF REMAINING TIME ON FEE-FOR-SERVICE.

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Severability of Provisions and Further Warrants

• Failure of either party to insist upon or enforce strict performance of this Agreement and its Terms and Conditions will not construe a waiver or relinquishment of rights to assert or rely up the Agreement and its Terms of Conditions or any provision thereof posted in the USER AGREEMENT Page on the Forum.
• OGD may assign its rights and obligations under the Agreement, and as such, may be further relieved of any obligations.
• OGD may modify or discontinue the Site, or any portion thereof, at any time with no notice to you and with no liability to you or any other third-party or Affiliate.
• Any provision in the Agreement and its Terms and Conditions that are found to be invalid or unenforceable shall be rendered ineffective but shall not invalidate the remainder of the Agreement as it reads. OGD reserves the right to amend, delete, or modify any portion thereof that is legally unenforceable in an effort to remedy the defect in the Agreement.

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User Acknowledgement

I, the User, fully understand the User Agreement and its Terms and Conditions as it has been outlined. I clearly understand my obligations as a member of OrganicGroceryDeals.com and understand that failure to participate in the prescribed manner outlined in the User Agreement will result in loss of membership privileges, up to and including deletion and/or banishment from the Site. I further acknowledge that by requesting Site access and membership privileges of OGD and its Owners, I have given willing consent to participate in the community and agreed to follow the User Agreement and its Terms and Conditions.