Terms & Conditions
Last Updated: November 1st, 2019
This website is operated by Central Wisconsin Ginseng LLC. (hereinafter referred to as “CWI Ginseng”). Throughout the site, the terms "we", "us" and "our" refer to CWI Ginseng. CWI Ginseng offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us or visiting our third-party social networking sites you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Content
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the Services and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You authorize CWI Ginseng to: (a) accept communications it receives from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.
Communications you send to CWI Ginseng are not effective unless and until they are processed by the responsible CWI Ginseng representative. CWI Ginseng may refuse to process any communications sent to CWI Ginseng, or may reverse the processing of any communications sent to CWI Ginseng, at any time in CWI Ginseng’ discretion, and without any notice or liability to you or any other person, including if CWI Ginseng believes the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.
Accounts and Codes
To access and use certain features and services of the Website you must have a valid Website account and use a valid user name and password (collectively "Codes") accepted by CWI Ginseng. Accounts and Codes are personal, and may not be shared.
You are fully responsible and liable for maintaining the confidentiality of your account information and Codes and for any and all use and misuse of your account and Codes (including all transactions using your account or Codes) and for all resulting loss and damage. You may not disclose your Codes to any other person or permit any other person to use your account or Codes. You will immediately notify CWI Ginseng Customer Service by e-mail to email@example.com if you discover any unauthorized use of your account or you know or suspect that your Codes have been lost or stolen or become known to or used by any other person. CWI Ginseng will not be liable for any loss or damage arising from your failure to comply with the above requirements.
CWI Ginseng is not under any obligation to verify the actual identity or authority of any person using your account or Codes. CWI Ginseng may act upon any communication that is given through your account or by using your Codes.
Codes do not restrict access by CWI Ginseng to password-protected information. Codes may not prevent unauthorized access to data or other information. CWI Ginseng may in its discretion cancel or suspend your account or change your Codes at any time without any notice or liability to you or any other person.
CWI Ginseng may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if CWI Ginseng is not satisfied with the proof.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms & Conditions and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of CWI Ginseng.
You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by CWI Ginseng in the operation or provision of the Website except while you are using the Website in accordance with these Terms & Conditions.
Ownership of Website and Content
The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by CWI Ginseng and its licensors, and are protected by American and international copyright, trademark, and other laws. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.
You will ensure that all information you provide to CWI Ginseng through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current, and complete. CWI Ginseng will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, CWI Ginseng or any other person may incur as a result.
Disclaimer of Warranties; Limitations of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall CWI Ginseng, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless CWI Ginseng and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms & Conditions).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.
These Terms & Conditions and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the State of Wisconsin and applicable federal laws of the United States, excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.
Changes to Terms of Service
You can review the most current version of the Terms & Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.
THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF ANY NATURE OR KIND WHATSOEVER, WHETHER EXPRESS, IMPLIED OR STATUTORY, OR ARISING FROM CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING OR COURSE OF PERFORMANCE, INCLUDING ANY REPRESENTATIONS, WARRANTIES, CONDITIONS, OR GUARANTEES OF OR RELATING TO ACCURACY, ACCESSIBILITY, AVAILABILITY, COMPLETENESS, DURABILITY, ERRORS, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, LACK OF VIRUSES OR OTHER DISABLING OR HARMFUL CODE, PERFORMANCE, QUALITY, RESULTS, SUITABILITY, SECURITY, TIMELINESS, TITLE, QUIET ENJOYMENT, UNINTERRUPTED SERVICE, OR WORKMANLIKE EFFORT, ALL OF WHICH ARE HEREBY WAIVED BY YOU AND DISCLAIMED BY CWI GINSENG TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR THE SELECTION AND USE OF THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE TO ACHIEVE YOUR INTENDED RESULTS.
CWI GINSENG DOES NOT PROMISE THAT THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, WILL PRODUCE SPECIFIC RESULTS. YOU USE THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE, AT YOUR OWN RISK. EXCEPT AS SET FORTH IN THE RETURN & EXCHANGE TERMS, IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THE PRODUCTS, SERVICES, OR CONTENT PROVIDED THROUGH THE WEBSITE, YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE, AND THE PRODUCTS, SERVICES, AND CONTENT PROVIDED THROUGH THE WEBSITE.
YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, PROVISIONING, CONFIGURING, MAINTAINING, PAYING FOR, AND PROTECTING FROM LOSS AND DAMAGE, ALL EQUIPMENT, SOFTWARE AND SERVICES (AND ALL DATA CONTAINED THEREIN) NECESSARY FOR YOUR USE OF THE WEBSITE.
(a) Arbitration: Except as expressly set forth in this section 21 and subject to section 21(c), all disputes, controversies and claims arising under, out of, in connection with, or in relation to these Terms & Conditions, the Website or any related matters (collectively "Disputes" and each a "Dispute") will be referred to and finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its rules and these Terms & Conditions. There will be a single arbitrator, and the arbitration will be private and confidential. The arbitration will be held in Wisconsin and the language used in the arbitration will be the English language. Any award rendered in an arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for its enforcement. Notwithstanding the foregoing, if the total amount of the award sought in an arbitration (not including legal fees and costs) is USD$10,000 or less, then the arbitration will be subject to American Arbitration Association Shorter Rules of Procedure and, unless you and CWI Ginseng expressly agree in writing otherwise: (i) the arbitration will be conducted solely based upon written evidence (declarations or affidavits) and written arguments submitted by or on behalf of each of you and CWI Ginseng; and (ii) there will be not be any in-person hearing (including any hearing by teleconference, videoconference or web conference) of the parties, witnesses or legal counsel. Notwithstanding the foregoing, this section 21(a) does not apply to a Dispute based upon infringement, misappropriation or violation of intellectual property rights (including copyright and trademarks).
(b) Court Litigation: If and to the extent, and for any reason, that a Dispute is not subject to arbitration as set forth in section 21(a), then subject to section 21(c) the Dispute will be resolved before the Court of Wisconsin, and you and CWI Ginseng each hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those Disputes, except that CWI Ginseng may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms & Conditions.
(c) Informal Dispute Resolution: Before you commence arbitration or litigation regarding a Dispute: (i) you will give notice of the Dispute to CWI Ginseng Customer Service representatives at firstname.lastname@example.org. and CWI Ginseng at least thirty (30) days to investigate and attempt to resolve the Dispute; and (ii) upon request by CWI Ginseng during the thirty (30) day period you will participate in good faith discussions regarding the Dispute with a view to resolving the dispute in a reasonable manner.
(d) Temporary/Injunctive Relief: Notwithstanding that a Dispute is subject to arbitration under section 21(a): (i) you or CWI Ginseng may commence litigation in the Court of Wisconsin, seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo, and you and CWI Ginseng each hereby irrevocably submit and attorn to the non-exclusive jurisdiction of that court in respect of those matters; and (ii) CWI Ginseng may commence litigation against you in the competent courts of any other jurisdiction seeking injunctive relief (or similar urgent legal remedies) to avoid irreparable harm or to preserve the status quo or to enforce these Terms & Conditions.
(e) NO JURY OR CLASS PROCEEDINGS: YOU AND CWI GINSENG. EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY OR TO COMMENCE OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ARBITRATION OR LITIGATION. ANY ARBITRATION OR COURT LITIGATION REGARDING DISPUTES WILL BE BROUGHT BY YOU OR CWI GINSENG IN AN INDIVIDUAL CAPACITY, AND NOT AS PLAINTIFF OR CLASS MEMBER IN A CLASS OR REPRESENTATIVE PROCEEDING. THE WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE PROCEEDING IS PROHIBITED BY LAW IN SOME JURISDICTIONS, AND SO THE FOREGOING WAIVER MIGHT NOT APPLY TO YOU.
Questions or Comments
If you have any questions about these Terms & Conditions, please contact us at:
311 Walnut St. #608
Marathon City, WI 54448-0608
United Stated of America