CONDITIONS OF USING OUR WEBSITE

1.  This website promotes the business referred to on it. In these conditions, the business will be referred to as ‘we’ and/or ’our’.

2.  A wide range of intellectual property rights are used in and relating to this website, including:

  • our the trade marks and logos;
  • the design, text, graphics and other content of the web pages on this website, together with all the web addresses associated with those web pages; and
  • all the software used in relation to this website.

3.  We are the owner or the authorised licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.

ABOUT THESE CONDITIONS

4.  If you access or use any part of this website you agree to these conditions. If you do not want to agree to these conditions, do not access or use this website.

5.  We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.

USING THIS WEBSITE

6.  We collect and use information in line with our Privacy Policy . By using this website, you agree to the way in which we collect and use your information.

7.  You cannot use this website:

  • for any unlawful purpose;
  • to send spam;
  • to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
  • to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting lists;
  • to tamper with, update or change any part of the website;
  • in a way that affects how it is run;
  • in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
  • using any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.

IF YOU PROVIDE CONTENT FOR THIS WEBSITE

8.  If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video)) (each “User Content”). You agree to grant us permission, irrevocably and free of charge, to use User Content (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media and networking sites.

9.  You own your User Content at all times, and you continue to have the right to use it in any way you choose.

10.  By providing any User Content to the Website you confirm that your User Content:

  • is your own original work or you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;
  • will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offence or bring us or our business partners into disrepute;
  • does not take away or affect any other person’s privacy rights, contract rights or any other rights;
  • does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of the Website;
  • will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
  • will not contain any form of mass-mailing or spam.

11.  If you do not want to grant us the permissions set out above, please do not provide any material to the Website.

12.  We have no obligation to publish your User Content on the Website and we retain the right to remove any User Content at any time and for any reason.

13.  We do not edit any User Content displayed on the Website BUT MAY REF– USE TO PRESENT — USER CONTENT. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.

DISCLAIMERS

14.  You use the website at your own risk.

15.  You should not rely on the website for advice.

16.  As far as the relevant laws allow, we do not guarantee that:

  • there will be no problems with how you use the website; or
  • the computer or server you use to log on to the website is free of viruses or other harmful programs.

LIMITS TO OUR LIABILITY

17.  There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.

18.  Under no circumstances will we, the owner or operator of this website, or any of their group companies, employees, officers or agents, or any other organisation involved in creating, producing, maintaining or distributing the website be liable for any loss of:

  • profits;
  • business or business opportunities;
  • savings you expect to make;
  • goodwill;
  • use of, or corruption to information; or
  • information.

19.  If we do not keep to these conditions, they will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of:

  • using or relying on the website;
  • not being able to use the website;
  • any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
  • theft, destruction of information or someone getting access to our records, programs or services without our permission;
  • goods, products, services or information received through or advertised on any website which we link to from this website; or
  • any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.

20.  These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition is not valid, the rest of the conditions will still apply.

THE LAW

21.  We are a company based in the United States: The laws of the state of New York (without reference to its conflict of laws principles) apply to your use of the website and these conditions. We control the website from within the United States. However, you can get access to the website from other places around the world. Although, these places may have different laws from the laws of the state of New York, by using the website you agree that the laws of the state of New York will apply to everything relating to you using the website and you agree to keep to these laws. We have the right to take you to court in the country and/or state that you live in.

LEGAL NOTICE

All notices from 1-800-GRANOLA, Inc to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to 1-800-GRANOLA, Inc shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: 

1-800-GRANOLA.com
PO Box 10783
Naples, FL 34101

Delivery shall be deemed to have been made by You to 1-800-GRANOLA, Inc five (5) days after the date sent.

COPYRIGHT

All content appearing on this Web site is the property of:

1-800-GRANOLA, Inc
PO Box 10783
Naples, FL 34101

Copyright © 1999-2015 1-800-GRANOLA, Inc. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 1999-2015 1-800-GRANOLA, Inc. All rights reserved. 1-800-GRANOLA®, and the name and caricature of Dr. GRANOLA®, are registered trademarks of 1-800-GRANOLA, Inc. All Rights Reserved.

TRADEMARKS

All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by 1-800-GRANOLA, Inc. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of 1-800-GRANOLA, Inc or any third party, except as expressly granted herein.

SHIPPING & DELIVERY

At this time, 1-800-GRANOLA, Inc ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, 1-800-GRANOLA, Inc ships merchandise to Canada, Mexico and to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier.

INTERNATIONAL

Customs and import duties may be applied to International orders when the shipment reaches its destination. Such charges are the responsibility of the recipient of your order and vary from country to country. Contact your local customs office for details.

Shipping laws are different in each country. It is your responsibility to check with your Customs office to verify whether the country to which you are shipping permits the shipment of your products. 1-800-GRANOLA, Inc is not responsible for any direct, indirect, punitive, or consequential damages that arise from improper international shipping practices.

SALES TAX

1-800-GRANOLA, Inc charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

WARRANTIES

The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. 1-800-GRANOLA, Inc makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. 1-800-GRANOLA, Inc SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL 1-800-GRANOLA, IncBE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

— OR Depending on State —

The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by 1-800-GRANOLA, Inc.

The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. 1-800-GRANOLA, Inc is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.

The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not 1-800-GRANOLA, Inc.

The inclusion of material on this server does not imply any endorsement by 1-800-GRANOLA, Inc, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.

A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although 1-800-GRANOLA, Inc tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

RETURN POLICY

You may purchase merchandise from this Web site by using any one of the payment options listed in Payment Options. 1-800-GRANOLA, Inc reserves the right to change its payment procedures at any time without prior notice to you. 1-800-GRANOLA, Inc reserves the right to issue a refund or credit to the account of the purchaser should any product be proven to be defective. Call 1-888-GRANOLA (472-6652) to discuss any product delivery or quality concerns.