SpicePlace.com Terms and Conditions of Use
Effective Wednesday November 1, 2017*
Before using this website, please read this agreement relating to your use of this site carefully.
1. ACCEPTANCE OF TERMS
By using this website, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the site.
SpicePlace.com provides the information and services on this website to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions contained herein. Your use of this website constitutes your agreement with such terms and conditions.
We reserve the right, at our discretion, to change, modify, add or remove portions of these terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website. Your continued use of the SpicePlace.com website following the posting of changes to these terms and conditions will mean that you accept those changes.
In addition, each user's use of particular Services may be subject to specific guidelines or rules ("Service-specific Rules") posted from time to time and incorporated by this reference into the Terms and Conditions of Use (“Terms”). Use of SpicePlace.com and/or its Services constitutes full acceptance of and agreement to the Terms; if a user does not accept our Terms, he or she is not granted rights to use SpicePlace.com or any of its Services, as defined herein, and should refrain from accessing SpicePlace.com and its Services.
To update the Terms or any Service-specific Rules, we will both post the changed version and its effective date at http://www.SpicePlace.com/conditions.php. If we change any Service-specific Rules, we will post the changed version on the location where those Service-specific Rules normally appear, reference the change on the primary page for that Service and include a link to the previous version of the rules.
SpicePlace.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, SpicePlace.com or any Service thereon (or any part thereof). SpicePlace.com shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using the SpicePlace.com website, you warrant to SpicePlace.com that you will not use this website, or any of the content obtained from this website, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the SpicePlace.com website automatically terminates.
3. DESCRIPTION OF SERVICE; NO WEB ACCESS
SpicePlace.com is a website owned and operated by The Wild Acres, Inc. (“TWA”), for the purpose of selling discount spices, herbs, and related food products. To use the SpicePlace.com website, each user must independently obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any and all service fees or equipment costs associated with such access.
4. REGISTRATION OBLIGATIONS
If required by SpicePlace.com, each user must: (a) provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data") and (b) maintain and promptly update the Registration Data as necessary. If, after investigation, we have reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any and all current or future use of the Services (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive a password and account designation upon completing the Service's registration process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. SpicePlace.com cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to (a) immediately notify SpicePlace.com of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
SpicePlace.com handles user Registration Data in accordance with the SpicePlace.com Privacy Statement accessible at http://www.SpicePlace.com.net/privacy.php.
All names, logos, trademarks, service marks, trade dress, graphics, designs, characters, brand identifiers, and all other intellectual property appearing in this site, except as otherwise noted, are owned or used under license by The Wild Acres, Inc (Doing Business As Spice Place). The use or misue of these marks or any other content on this site is strictly prohibited.
All information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user, and not SpicePlace.com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via SpicePlace.com or any Service. No user shall transmit Content or otherwise conduct or participate in any activities on SpicePlace.com and/or any Service which, in the judgment of SpicePlace.com, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity or the permissible uses of intellectual property.
SpicePlace.com will not pre-screen or review Content, but SpicePlace.com reserves the right to refuse or delete any Content of which it becomes aware that it reasonably deems not to fulfill the Purpose. In addition, SpicePlace.com shall have the right (but not the obligation) in its sole discretion to refuse or delete any content that it reasonably considers to violate the Terms or be otherwise illegal. SpicePlace.com, in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by us to protect the rights, property or personal safety of SpicePlace.com, its users and the public. SpicePlace.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will SpicePlace.com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via SpicePlace.com or any Service thereon.
Each user, by using SpicePlace.com or any Service, may be exposed to Content that is offensive, indecent or objectionable. Each user must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. NO RESALE OF SERVICE
You agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
7. GENERAL PRACTICES REGARDING USE
SpicePlace.com may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While SpicePlace.com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, SpicePlace.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any Service.
SpicePlace.com reserves the right to mark as "inactive" and archive accounts and/or projects that are inactive for an extended period of time. SpicePlace.com reserves the right to change these general practices and Service-specific Rules at any time, in its sole discretion, with notice to users and the public as described in Section 1 above.
We may terminate a user’s account in our absolute discretion and for any reason. We are especially likely to terminate for reasons that include, but are not limited to, the following: 1.) violation of these Terms; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a user's request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.
SpicePlace.com's termination of any user's access to SpicePlace.com or any Service hereunder may be effected without notice and, on such termination, SpicePlace.com may immediately deactivate or delete user's account and/or bar any further access to such files, that Service or SpicePlace.com. SpicePlace.com shall not be liable to any user or other third party for any termination of that user's access or account hereunder.
SpicePlace.com, any Service or a third party may provide links to other websites. SpicePlace.com exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. SpicePlace.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
This website’s privacy statement is applicable only when you are on our website. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
10. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Each user shall indemnify, defend and hold harmless TWA, its subsidiaries and affiliates and their respective officers, employees and agents, and each of TWA's website partners from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of SpicePlace.com; his or her submission, posting or transmission of Content or his or her violation of the Terms.
11. COLLECTION OF EMAIL ADDRESSES
Any Non-Human Visitors to the Website shall be considered agents of the individual(s) who controls, authors or otherwise makes use of them. These individuals shall ultimately be responsible for the behavior of their Non-Human Visitor agents and are liable for violations of this agreement.
12a. SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
Special restrictions on a visitor's license to access the Website apply to Non-Human Visitors. Non-Human Visitors include, but are not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other computer programs designed to access, read, compile or gather content from the Website automatically. Non-Human Visitors are restricted from taxing the resources of the Website beyond what would be typical of a human visitor.
Furthermore, as specified by the "no-email-collection" flag in the header pages within the Website and/or the contents of the robots.txt file, email addresses on this site are considered proprietary intellectual property of the author of the Website. It is recognized that these email addresses are provided for human visitors alone, and have value in part because they are accessible only to said human visitors. By continuing to access the Website, You acknowledge and agree that each email address the Website contains has a value not less than US $500 derived from their relative secrecy. You further agree that the compilation, storage, and potential distribution of these addresses by Non-Human Visitors substantially diminish the value of these addresses. Intentional collection, harvesting, gathering, or storing email addresses by Non-Human Visitors is recognized under this agreement as a violation of this agreement and expressly prohibited.
12b. NON-TRANFERABLITIY OF NON-HUMAN VISITOR TERMS
The access rights granted to you under the Terms of Service are non-transferable without the express written permission of TWA.
13. RECORDS OF VISITOR USE AND ABUSE
As a visitor to the Website, you consent to having your Internet Protocol address recorded. An email address may appear immediately below (the "Identifier") if we suspect potential abuse. The Identifier is uniquely matched to your Internet Protocol address. Visitors agree not to use this address for any reason.
VISITORS AGREE THAT HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF THESE TERMS OF SERVICE.
14. EACH USER'S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TWA ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. EACH USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. TWA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, TWA MAKES NO WARRANTY THAT (i) SPICEPLACE.COM OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE ININTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF TWA'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TWA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO SPICEPLACE.COM OR ANY SERVICE. IN NO EVENT SHALL TWA'S TOTAL CUMULATIVE LIABILITY TO ANY USER OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $1,000.00. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN TWA AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, TWA DOES NOT AND CANNOT CONTROL THE ACTIONS OF SPICEPLACE.COM USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES. WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO SPICEPLACE.COM OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY TWA.
15. GENERAL INFORMATION
Each party agrees that any suit, action or proceeding brought by such party against the other in connection with or arising from the Terms of Service ("Judicial Action") shall be governed by the laws of the United States and the State of Maryland as such laws are applied to agreements between Maryland State residents entered into and performed entirely within the State of Maryland. The visitor to the Website consents to the jurisdiction of federal and state courts within the State of Maryland. The visitor to the Website consents to the venue in any action brought against him in connection with breaches of these Terms of Service. The visitor to the Website consents to electronic service of process regarding actions under the this agreement.
The Terms constitute the entire agreement between each user and TWA and govern each user's use of the Service, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and TWA shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Washington, Maryland USA. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
16. REPORTING VIOLATIONS OF TERMS
Please report any violations of the Terms to the SpicePlace.com Support Manager at firstname.lastname@example.org
The Wild Acres, Inc.
3935 Trego Mtn Rd
Keedysville, MD 21756
*The November 1, 2017 modifications are in regards to Non-Human Visitors. welloff