Cultures for Health Wholesale Customer Agreement

This Agreement ("Agreement") is an agreement between you and Cultures for Health, LLC ("Cultures for Health") that states the terms and conditions under which you may use the Site and receive Cultures for Health orders, which includes processing and delivery of product orders. Your use of Cultures for Health ordering service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, please do not use the Site or Cultures for Health ordering service.

If you have any questions about this Agreement or the Site please send us an email.

ORDER POLICIES

Placing Wholesale Orders. Orders may be placed via phone, fax, or email. 

Minimum Order Quantities. Please contact us for minimum order quantities which vary by geographical region.

Process Time. Orders are filled in the order they are received and will not ship until payment has been received by Cultures for Health. Cultures for Health reserves the right to hold orders for up to two weeks or as otherwise necessary to verify money orders. Once payment has been received, we strive to process all orders within two business days (Monday – Friday excluding holidays).

Cancellation and Order Change Policy. All sales are final. Once an order has been placed, no cancellations are possible. Similarly, if you wish to add to your order, Cultures for Health reserves the right to treat any additions as a second order incurring additional shipping charges.

Refund Policy. Merchandise must be in new, sealed, and resalable condition. Customers must obtain a Return Merchandise Authorization (RMA) number prior to returning the merchandise in question. The RMA number must be enclosed in the returned package. Requests for returned merchandise credit must be made within 60 days of purchase. Return shipping costs are the responsibility of the customer. Defective or damaged products will be refunded in full if reported within 20 days of purchase. A return shipping label will be issued.

Product Availability. At Cultures for Health we maintain high standards in all our processes to assure you the highest quality. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to circumstances beyond our control, or we may determine that the quality is below our standards. If we are unable to ship all or part of any order our liability will be limited to those amounts paid under this Agreement.

Repackaging and Rebranding. “Repackaging” or “rebranding” of Cultures for Health products is not allowed. All products must be sold in the original Cultures for Health packaging. Alteration or removal of exterior packaging, interior packaging, or documentation is also not allowed.


SHIPPING POLICIES

Shipping Method & Costs. All wholesale orders will be shipped from South Dakota. Orders shipping to US addresses are shipped via USPS, UPS, FedEx. Orders shipping outside the US will ship via UPS or FedEx. Domestic orders include delivery confirmation or tracking information, which will be provided to you in the shipping confirmation e-mail. Delivery confirmation and tracking information is not available for orders shipping outside the United States. US customers may choose their shipping option at the time the order is placed or opt for the most ecomnomical method. You will have the option of choosing between shipping methods. Please note: we reserve the right to upgrade your shipping method at no additional charge to you (e.g., upgrade UPS Ground to USPS Priority Mail, USPS Parcel Post to UPS Ground, etc.). Standard shipping is generally 3 to 10 business days (not guaranteed) via USPS First Class Mail, USPS Parcel Post, or UPS Ground. We cannot guarantee the timeframe or parcel arrival date for any shipping method. Wholesale customers will be assessed exact shipping charges. We reserve the right to require items be shipped on a customer shipping account (UPS or FedEx) for orders shipping outside the US.

Risk of Loss. All orders are made pursuant to a shipment contract meaning that the risk of loss and title for such orders pass to you upon Cultures for Health’s delivery of the order to a shipment carrier. We encourage you to use the tracking information supplied for your order to track and retrieve items promptly.

Order Arrival. Starter cultures and some cheesemaking supplies (e.g., rennet) are sensitive to extreme temperatures and should be removed from the shipping box immediately and placed in a cool dry place such as the refrigerator or the freezer. Cultured vegetables/juices/condiments are shipped in a chilled state and should also be placed in the refrigerator or freezer immediately upon arrival.

PAYMENT TERMS

Forms of Payment. To make your ordering as flexible as possible, we accept Visa, Mastercard, Discover, American Express and pre-approved credit terms (30 day net). For your security, we do not accept payment information via email. 

Invalid Payments. Cultures for Health will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Cultures for Health reserves the right to collect funds for any uncollected transactions owed to it. You shall be responsible and liable for any costs, including attorneys' costs and collection costs, that Cultures for Health may incur in its efforts to collect any unpaid balances from you. Your right to use Cultures for Health Online Ordering Service is subject to limits established by Cultures for Health and/or by your credit card issuer.

OTHER TERMS & CONDITIONS

Privacy. Your privacy is important to us. We will not share your information with any third party except as required by law or as necessary to complete an order placed by you with us. To respect your privacy, all information collected on this Site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned unless you consent otherwise! Please feel free to call or email us with any questions regarding our privacy policy.

Product Information. We make every effort to provide you with accurate information that is complete, reliable, current, or error-free. If a product offered by Cultures for Health is not as described, your sole remedy is to return the product in unused condition for a refund.

Electronic Communications
By providing your email to Cultures for Health you consent to receive communications from us electronically. Cultures for Health may send occasional emails about changes to its services, surveys, or special offers. If you would like to opt-out of receiving such emails please send us an email stating that you do not wish to receive promotional communications. If you do opt-out, you will continue to receive non-promotional communications regarding the status of your orders or your account.

Third-Party Information Providers and Merchants
Cultures for Health may permit you to order and receive products, information, and services from businesses that are not owned or operated by Cultures for Health. In such instances, Cultures for Health acts only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Cultures for Health makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Cultures for Health makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights Copyright and Ownership
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Cultures for Health. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with Cultures for Health for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Cultures for Health, is strictly prohibited. You acknowledge that Cultures for Health and/or third-party providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Cultures for Health reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Cultures for Health.

Trademarks
"Cultures for Health," all Cultures for Health logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Cultures for Health or otherwise proprietary to Cultures for Health and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in Cultures for Health and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or Cultures for Health.

Site Access
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access Cultures for Health and the Site. Please contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on Cultures for Health Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You also acknowledge that from time to time Cultures for Health or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Cultures for Health may undertake from time to time; or (iii) causes beyond the control of Cultures for Health or which are not reasonably foreseeable by Cultures for Health.

User Name and Password
Access to Cultures for Health orders is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of Cultures for Health with your password. You agree to notify Cultures for Health promptly of any unauthorized use of your password and you will remain liable for any use of Cultures for Health until you notify Cultures for Health of the unauthorized use of your password to the extent permitted by law.

Your Account
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access Cultures for Health. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. You can update your account information by contacting us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Cultures for Health, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement.

Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of Cultures for Health, which includes, without limitation, use of Cultures for Health Site to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on Cultures for Health Online Ordering Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Cultures for Health to be in conflict with the spirit or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability.  YOU EXPRESSLY AGREE THAT USE OF CULTURES FOR HEALTH, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. CULTURES FOR HEALTH, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, CULTURES FOR HEALTH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO CULTURES FOR HEALTH, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH CULTURES FOR HEALTH ONLINE ORDERING SERVICE; CULTURES FOR HEALTH DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. CULTURES FOR HEALTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR CULTURES FOR HEALTH ONLINE ORDERING SERVICES. CULTURES FOR HEALTH DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER CULTURES FOR HEALTH NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "CULTURES FOR HEALTH PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, CULTURES FOR HEALTH ONLINE ORDERING SERVICE, OR THE INTERNET.

CULTURES FOR HEALTH LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF CULTURES FOR HEALTH ONLINE ORDERING SERVICE AND TO TERMINATE THIS AGREEMENT. CULTURES FOR HEALTH RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Cultures for Health controls and operates this Site and uses it for its operations in the states of Oregon, USA. Cultures for Health makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

Indemnification. You agree to defend, indemnify, and hold Cultures for Health harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's costs and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Cultures for Health may suspend or terminate this Agreement or Cultures for Health or remove or disable access to any portion of Cultures for Health at any time for any reason with or without notice to you. You may terminate this Agreement and your Cultures for Health at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Cultures for Health reserves the right to collect costs and charges incurred before you cancel your Cultures for Health. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. Cultures for Health may give notice to you of a change in this Agreement, a change in Cultures for Health cost schedule, and any other matter through a general posting on Cultures for Health Site, by electronic mail, or by conventional mail to your address. You may give notice to Cultures for Health by electronic mail.

Entire Agreement. This Agreement and any order form submitted to Culture for Health represent your entire agreement with Cultures for Health regarding the use of Cultures for Health services, products, and Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Cultures for Health and any related entity under common control. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right.

DISPUTES. If any dispute arises under this Agreement, the parties agree that a good-faith attempt to resolve the dispute will be made at a meeting at a neutral site with a neutral third-party mediator. If the parties fail to resolve the dispute through mediation, then the parties agree to submit to a mutually agreed upon arbitrator. In the event the parties cannot agree on the arbitrator, then the arbitrator shall be appointed by the Presiding Judge (Civil) of the Circuit Court of the State of Oregon for the County of Multnomah. The arbitrator shall be governed by the laws of the State of Oregon and shall be as speedy as reasonably possible. The applicable arbitration rules for the Multnomah county courts shall apply unless the parties agree in writing to other rules. The arbitrator shall render a decision within forty-five days of the first meeting with the parties. Insofar as the parties legally may do so, they agree to be bound by the decision of the arbitrator. Notwithstanding any dispute under this Agreement, whether before or during arbitration, you agree to make all payments as required by the Agreement for undisputed portions. In any event, you expressly agree that the provisions of this contract shall be construed in accordance with the provisions of the laws of the State of Oregon and you further expressly agree to personal jurisdiction by the state and federal courts sitting in the State of Oregon for any related dispute if such dispute is taken out of or fails to end in arbitration. Any claim or cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Third-Party Beneficiaries
The provisions of this Agreement are for the benefit of Cultures for Health Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Cultures for Health service.

Amendment
Cultures for Health may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on January 27, 2011.


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