Eden Foods, Inc. (Eden) makes available information, materials, and products on this website that are subject to the following terms and conditions. By accessing this site, you agree to the terms terms and conditions as outlined in this legal notice. Eden reserves the right to change these terms terms and conditions from time to time at its sole discretion.

THIS PAGE CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS OF SALE.

YOU MAY NOT ORDER OR OBTAIN EDEN FOODS HEMP PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH EDEN FOODS, INC., OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR GOODS BY APPLICABLE LAW. Please see full Eden Foods Terms of Sale for Eden Hemp Flower Extract Products.

These terms of sale (these "Terms") apply to the purchase and sale of products through [https://www.edenfoods.com] (the "Site"). These Terms are subject to change by Eden Foods, Inc. (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms before purchasing any product that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes. Last Updated Date: September 1st, 2023.

The purpose of this notice is to inform you of the ways in which Eden Foods collects and uses your information. In carrying out this policy, we wish to earn your trust by treating your data as we would want our own personal information to be treated.

Eden reserves the right to modify this policy at any time.

Personal Information

Eden does not solicit, nor do we wish to receive, any confidential, proprietary, or personally identifiable information from visitors to our website, with the following exceptions:

1. Mailing List

   If you sign up for our email list, we will collect and retain contact information related to your subscription. You may unsubscribe at any time by following the simple instructions included with every message.

   Our emails may include a web beacon to allow us to determine how many people have opened the messages. If you do not wish to receive web beacons, you may disable HTML images in your email software.

   When you click a link in our emails, we may record your individual response in order to further customize future messages.

   We have partnered with Constant Contact to dispatch mailings and handle response data on our behalf. Constant Contact's privacy statement is available here.

2. Web Store

   If you wish to purchase products through our site, we will collect and retain personal information related to your order. This includes your name, billing and shipping addresses, phone number and email address.

   We will also collect, but do not retain on our web server, your payment card information. This data is transmitted to Eden banking partners using digitally-encrypted methods.

Cookies

This site uses cookies. A cookie is a small piece of text sent by a web server to be stored on a web browser so that it can later be read back from that browser. Eden uses cookies to keep track of items in your shopping cart, as well as other session information.

Web Access Logs

Our web servers record standard activity logs of pages requested and served, including browser software versions and IP addresses. This data is used to enable analysis and effective management of our web sites and the systems that support them.

Google Analytics

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Information about your use of this site is transmitted to and stored by Google. Google uses this information to evaluate your visit to our site, compile reports, and provide other related services.

Google Analytics uses cookies. You may refuse cookies by selecting the appropriate settings in your web browser. However, please note that disabling cookies may prevent you from using the full functionality of this web site.

For more information on Google's privacy policies, visit: https://www.google.com/privacy

No Sharing of Personal Information

Except as noted above, personal information submitted to Eden on a voluntary basis through forms on this website or gathered through the use of cookies is used only by Eden to serve you more relevant information, and Eden does not share this information with any outside parties unless:

• It is required by law.
• In response to a verified request from a law enforcement or other government officials relating to a criminal investigation or alleged illegal activity.
• In response to civil subpoenas or discovery requests.

Non-Personal Information

Any non-personal information or material sent to Eden will be deemed NOT to be confidential. By sending Eden any non-personal information or material, you grant Eden an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Eden is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are compelled by law, as described above.

The Site Disclaimer

You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Site is at your own risk. The content on the Site is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither us nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, error-free, or uninterrupted, that defects will be corrected, that the Site is free of viruses or other harmful components, or that the Site will otherwise meet your needs or expectations.

To the fullest extent provided by law, we hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Copyright ©2003-2023 Eden Foods, Inc. All rights reserved.

Except as specifically permitted herein, no portion of the contents of this website may be reproduced in any form or by any means without prior written permission from Eden, unless source credit is given.

We may update the content on the Site at any time. The material on the Site is provided for general information only and should not be relied upon for any basis without the consultation of a primary, more complete, or timelier source of information. Any reliance on the material of the Site is at your own risk. The Site may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify any contents of the Site at any time with no obligation to update any information on the Site. You agree that it is your responsibility to monitor any and all (if any) changes to the Site.

Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all products listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms.

1. (a)     Prices posted on this Site may be different from prices offered by us at physical stores. All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

2. (b)     We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms of sale separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

3. (c)     Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We accept VISA, Master Card, American Express, Discover, and Dinners Club/Apple Pay, Google Pay, and PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.

Shipments; Delivery; Title and Risk of Loss.

4. (a)     We will arrange for shipment of the products to you, if necessary. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

5. (b)     Title and risk of loss pass to you upon Shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for delays in shipments.

Returns and Refunds.

Except for any products designated on the Site as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided such return is made within 30 days of Purchase with valid proof of purchase and approval from Eden Foods Returns Department after careful consideration and investigation provided such products are returned in their original condition. To return products, you must call (888-424-3336) or email our Returns Department at (returns@edenfoods.com) returns@edenfoods.com to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. All returns are subject to a billed back 15% restocking fee for orders pulled from our inventory and later cancelled or for goods returned due to a customer ordering error.

Refunds are processed within approximately [30] business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE ON IN STORE AS NON-RETURNABLE.

For defective returns, please refer to the manufacturer's warranty (see Section Warranties and Disclaimers) included with the product or as detailed in the product's description on our Site.

Goods not for Resale or Export

You represent and warrant that you are buying from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S. or Canada. This Section does not apply to any distributor. Please refer to the B2B Only Terms for more information. For information on Hemp Flower Extract Products please see Eden Foods Hemp Flower Extract Terms of Sale.

Manufacturer's Warranty and Disclaimers.

We do not manufacture or control all of the products offered on our Site. The availability of products through our Site does not indicate an affiliation with or endorsement of any product, or manufacturer. Accordingly, we do not provide any warranties with respect to the products offered on our Site. However, the products offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty for defective products, please follow the instructions included in the manufacturer's warranty.

ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

The Eden website contains links to third-party websites, which are not under the control of Eden. Eden makes no representations whatsoever about any other website to which you may have access through the Eden website. When you access a non-Eden website, you do so at your own risk and Eden is not responsible for the accuracy or reliability of any information, data, opinions, advise, or statements made on these sites. Eden provides these links merely as a convenience and the inclusion of such links does not imply that Eden endorses or accepts any responsibility for the content or uses of such websites.

This website (excluding linked sites) is controlled by Eden from its offices within the state of Michigan, United States of America. By accessing this website, you and Eden agree that all matters relating to your access to, or use of, this website shall be governed by the statutes and laws of the state of Michigan, without regard to the conflicts of laws principles thereof. You and Eden also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Lenawee County and the United States District Court for the Eastern District of Michigan with respect to such matters. Eden makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

The material and content (referred to as the “Content” below) accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retain(s) all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on the Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the Terms of Sale violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content because of accessing the Site.

Use of Website Information

Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this website subject to the following conditions:

• The document may be used solely for personal, informational, non-commercial purposes;
• The document may not be modified or altered in any way;
• Source credit must be given to Eden Foods;
• Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
• Eden reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon written notice from Eden.

Documents specified above do not include the design or layout of this website. Elements of this website are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

Trademarks

The trademarks, logos and services marks (“Marks”) displayed on this website are the property of Eden. You are not permitted to use the Marks without the prior written consent of Eden. “Eden” is a registered trademark of Eden Foods, Inc.

For a current list of Eden's Marks, please refer to the Trademark Information below.

For further information on Intellectual Property matters contact Eden's Legal Department:

Legal Department/Trademark Program
Eden Foods, Inc.
701 Tecumseh Road
Clinton, Michigan 49236
United States of America
US Telephone 1+517-456-7424
US Facsimile 1+517-456-6075

• Eden
• Eden Foods
• Eden Organic w/logo
• Edenbalance
• EDENSOY
• Eden & Logo
• Eden Logo
• Wisdom is Love in Discerning
• Pure & Purifying / Pure and Purifying
• Edenews
• Eden Store
• Eden Recipes
• Tower design
• Eden Ranch
• Crane design
• Leaf Design
• Twisted Pair
• Double Certified Organically Grown & Design
• Slogan Marks “Good Food Good Reason Health and Happiness,” and “Creation and Maintenance of Purity in Food” are trademarks of Eden Foods, Inc
• All other brand and product names are trademarks, registered trademarks, or service marks of their respective holders.

Limitation of Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR SITE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 8 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Eden Foods.

No Third-Party Beneficiaries.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

TERMS OF SALE

IMPORTANT:

The following terms and conditions are applicable only to business customers with an intent to distribute (the “B2B Only Terms”).

No Franchise or Business Opportunity Agreement.

The parties to these B2B Only Terms are independent contractors and nothing in this Agreement shall be deemed or constructed as creating a joint venture, partnership, agency relationship, franchise, or business opportunity between you and us. Neither you or we, by virtue of these B2B Only Terms, will have any right, power, or authority to act or create an obligation, express or implied, on behalf of each other. Each of you and we assume responsibility for the actions of your or our personnel under this Agreement and will be solely responsible for their supervision, daily direction, and control, wage rates, withholding income taxes, disability benefits, or the manner and means through which the work under these B2B Only Terms will be accomplished. Except as provided otherwise in these B2B Only Terms, you have the sole discretion to determine your methods of operation, your accounting practices, the types and amounts of insurance you carry, your personnel practices, your advertising and promotion, your customers, and your service areas and methods. The relationship created hereby between the parties is solely that of seller and distributor/retailer. If any provision of this Agreement is deemed to create a franchise relationship between the parties, then we may immediately terminate your right to access the Site.

Inspection.

For the purpose of the B2B Only Terms, the term “Nonconforming Goods” means any product received by you from us under a purchase order that: (a) is not a product; or (b) does not conform to the PRODUCT IDENTIFIER listed in the applicable purchase order.

You shall inspect products received under these Terms within a day of receipt (the “Inspection Period”) of the products and either accept or, if any products are Nonconforming Goods or excess products, reject these products. You will be deemed to have accepted the products unless you notify us in writing of any Nonconforming Goods or excess products during the Inspection Period and furnishes written evidence or other documentation as required by us. If you timely notify us of any Nonconforming Goods or excess products, we shall determine, in our sole discretion, whether the products are Nonconforming Goods or excess products. If we determine that the products are Nonconforming Goods or excess products, we shall either, in our sole discretion:

1. (a)     if the products are Nonconforming Goods, (i) replace the Nonconforming Goods with conforming products, or (ii) refund the price for the Nonconforming Goods; or

2. (b)     if the products are excess products, accept the return of the excess products, and refund the price for the excess products.

You shall ship, at your expense and risk of loss, all Nonconforming Goods and excess products to our facility located at [701 Tecumseh Road, Clinton, MI 49286]. If we exercise our option to replace Nonconforming Goods, we shall, after receiving your shipment of Nonconforming Goods, ship to you, at your expense and risk of loss, the replaced Products to a location designated by you.

You acknowledge and agree that the remedies set out in this section titled “Inspection” are your exclusive remedy for the delivery of Nonconforming Goods or excess products.

Credit Risk on Resale to End Users

You are responsible for all credit risks regarding, and for collecting payment for, all products sold to third parties (including end users), whether or not you have made full payment to us for the products. The inability of you to collect the purchase price for any product does not affect your obligation to pay us for any product.

You unilaterally establish your own resale prices and terms regarding products you sells, including products bought from us.

Compliance With Laws Representation and Warranty

You represent and warrant to us that you are in compliance with all laws, including but not limited to state laws and regulations regarding hemp relevant products, and any agreements applicable to these Terms, the products you purchase from us, and the operation of your business.

You shall at all times comply with all laws except to the extent that the failure could not, in the aggregate, reasonably be expected to have a material adverse effect on our ability to comply with our obligations under these Terms. Without limiting the generality of the foregoing, each party shall at all times, at its own expense, obtain and maintain all certifications, credentials, authorizations, licenses, and permits materially necessary to conduct its business relating to the exercise of its rights and the performance of its obligations under these Terms.

TERMS OF SALE

IMPORTANT:

The webpages [https://store.edenfoods.com/hemp-flower-extract-organic/], [https://store.edenfoods.com/cinnamon-hemp-flower-extract-organic/], and [https://store.edenfoods.com/hemp-flower-extract-pet-formula-organic/] (referred to as the “Site” below) is operated by EDEN or Eden Foods (referred to as “EDEN” or “Eden Foods” or “us”, “we”, or “our” below). We offer the Site, including all information, tools available from the Site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein (the “Hemp Terms of Sale” below), including those additional terms and conditions and policies referenced herein and/or available at https://www.edenfoods.com/about/legal.php (collectively referred to as the “General Terms of Sale” below, and together with the Hemp Terms of Sale, referred to as the “Terms of Sale” below).

The Terms of Sale apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content, and are subject to change by us at any time in our sole discretion. When changes are made, we will make a new copy of the Terms of Sale available at the Site. Any changes to the Terms will be effective immediately. If you do not agree to any change(s) you should stop using the Site. Otherwise, your continued use of the Site constitutes your acceptance of such change(s). Please regularly check the Site to view the then-current terms.

If you do not agree to all of the Terms of Sale, then you may not use any of the Eden Foods Hemp Flower Extract site functions.

Controlling Provisions

In the event of any inconsistencies between the provisions of the Hemp Terms of Sale and the provisions of the General Terms of Sale, the provisions of the Hemp Terms of Sale shall govern and prevail.

Your Representation

By visiting the Site and/or purchasing any hemp related product (referred to as the “Hemp Product(s)” below) or service from us, you are indicating your acknowledgement and acceptance of the Terms of Sale and represent that (1) you have read, understand, and agree to be bound by the Terms of Sale; (2) you are of legal age to form a binding contract with us; and (3) you have the authority to enter into the Terms of Sale personally or on behalf of the company you have named as the user, and to bind that company to the Terms of Sale; and (4) you are of legal age in your applicable jurisdiction to buy the products identified on the Site.

You must be eighteen (18) years of age or older to purchase Eden Foods Hemp Products. If you are under eighteen (18) years of age, you are not to purchase Eden Foods Hemp Products for any reason and you must exit the Hemp Product Section of the Site immediately. It is your responsibility to know whether you are legally able to purchase Eden Foods Hemp Products.

To use the Site or access some of the resources it has to offer, you may be asked to provide certain registration details or other information. By use of the Site or registering, you warrant that all information you provide to us will be your correct, current, and complete information. If we believe the information, you provide is not correct, current, and complete or is an impersonation of someone else, we have the right to refuse you access to the Site or any of its resources, to terminate or suspend your access at any time, and delete any comments you posted, all without prior notice.

By agreeing to the Terms of Sale, you represent that you will not use Eden Foods Hemp Products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction with Eden Foods Hemp Products or the Eden Foods Site.

License to use

By agreeing to the Terms of Sale, you represent that you will not use Eden Foods Hemp Products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction with Eden Foods Hemp Products or the Eden Foods Site.

Restriction on use

You may use the Site only as permitted by law and the Terms of Sale. No content on, or products sold through, the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior express written consent. You may not misuse our products or content. You may not use the Site for any other purpose, including any commercial purpose, without our express prior written consent. For example, you may not (and may not authorize any other party to) (i) co-brand the Site, (ii) frame or use framing techniques to enclose any of our or our content owner’s trademarks, logos, or other proprietary information (including images, text, page layout, or form), (iii) hyperlink to the Site, or (iv) use any meta tags or any other (hidden text) using our representatives. For purposes of the Terms of Sale, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that associates the Hemp Products with someone other than us or that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with our company in causing any unauthorized co-branding, framing, or hyperlinking to cease immediately.

No material from the Site may be modified, translated, decompiled, disassembled, broadcast, licensed, sublicensed, transferred, sold, mirrored, framed, exploited, rented, leased, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

The material and content (referred to as the “Content” below) accessible from the Site, and any other World Wide Web site owned, operated, licensed, or controlled by us is our proprietary information or the proprietary information of the party that provided the Content to us, and we or the party that provided the Content to us retain(s) all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, or transmitted in any way without our prior written consent, or unless authorized in writing elsewhere on the Site, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in the Terms of Sale violates our intellectual property rights. You do not obtain title or any rights, including but not limited to intellectual property rights, to any of the Content because of accessing the Site. For Trademark information: (Click here)

Privacy Information

We respect your privacy and are committed to protect it. Please refer to our Privacy Policy, for further information. This policy governs the processing of all personal data collection from you in connection with your purchase of any EDEN and or Eden Foods products or services through the Site. (Click here)

Changes to the Site

We may update the content on the Site at any time. The material on the Site is provided for general information only and should not be relied upon for any basis without the consultation of a primary, more complete, or timelier source of information. Any reliance on the material of the Site is at your own risk. The Site may contain certain historical information. Historical information is provided for your reference only. We reserve the right to modify any contents of the Site at any time with no obligation to update any information on the Site. You agree that it is your responsibility to monitor any and all (if any) changes to the Site.

The Site Disclaimer

You understand that we cannot and do not guarantee or warrant that the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or any services or items obtained through the Site or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Site is at your own risk. The content on the Site is provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither us nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Site. Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that the Site, its content, or any services or items obtained through the Site will be accurate, error-free, or uninterrupted, that defects will be corrected, that the Site is free of viruses or other harmful components, or that the Site will otherwise meet your needs or expectations.

To the fullest extent provided by law, we hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Limitation on Filing Claims

Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, any cause of action or claim you may have arisen out of or relating to the Terms of Sale or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Prices

Prices of the Eden Foods Hemp Products are subject to change without prior or any notification. The right to modify at any time for discounts, prices, or to discontinue the Sale (or any part or content thereof) without notice at any time is the right we reserve. We shall not and are not liable to you or to any third-party for any modification, price change, supersession, or discontinuance of sale.

Products

We reserve the right, but are not obligated, to limit the sales of the Eden Foods Hemp Products 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 sales that we offer. All descriptions of products or product pricing are subject to change at any time without notice, and at the sole discretion of EDEN/Eden Foods. We reserve the right to discontinue any of the Hemp Products at any time. All and any offer for the Hemp Products made through or on the Site is void where prohibited. We do not warrant that the quality of any of the Hemp Products, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the sale will be corrected.

Certain products may only be available exclusively on the Site. These products may have limited quantities. We make every effort to accurately display images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Health Information

The Site may contain general information and content about diet, health, and nutrition. This information and content are not medical advice, and should not be treated as such. The contents of the Site are for informational purposes only and are not intended to be a substitute for professional medical advice, diagnosis, or treatment.

The general information and content, including information relevant to the Hemp Products on the Site are provided “AS IS” without any representations or warranties of any kind, express or implied. We make no representations or warranties whatsoever in relation to any health information on the Site.

Any statement made on the Site or by third parties pertaining to materials or the Hemp Products we sell have not been evaluated by the Food and Drug Administration (FDA). Neither the Hemp Products nor the ingredients in any of the Hemp Products available for sale have been approved or endorsed by the FDA or any regulatory agency. The Hemp Products on the Site are not intended to diagnose, treat, cure, or prevent any disease. The information pertaining to the Hemp Products are NOT intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor or veterinarian.

You must not rely on the information on this website as an alternative to medical advice from your doctor or other professional healthcare provider. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition. If you think you may be suffering from any medical condition, you should seek medical attention. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information you found on the Site or in materials provided by us or our representative, none of which information is intended to be a substitute for medical diagnosis, advice or treatment. If you are considering making any changes to your lifestyle, diet or nutrition, including taking any Hemp Products sold to you by us, you should consult with your doctor or other healthcare provider before doing so. Similarly, please speak with a licensed veterinarian before using the Hemp Product for any reason with pets or animals of any kind.

Neither us nor our representatives are providing any medical advice, and none should be inferred, from any ideas, suggestions, testimonials, or other information set forth on the Site or in our other materials or provided over the phone or in email correspondence.

Idemnification

You agree to indemnify, defend and hold harmless EDEN and/or Eden Foods and our, subsidiaries, affiliates, partners, agents, successors, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively referred to as the “Indemnified Parties” below), harmless from any and all claims, actions, damages, suits, liabilities, obligations, costs, fees, charges, and any other expenses whatsoever, including reasonable attorneys’ fees, that may be asserted against the Indemnified Parties due to or arising out of (a) your breach of the Terms of Sale or any of the relevant documents; (b) your violation of any law or regulations or the rights of a third-party; (c) your use or misuse of the Hemp Products purchased on the Site; or (d) your use of the information accessed from the Site or the purchase of any Hemp Products. You agree that this provision will survive any termination of your account, the Terms of Sale or your access to the Site or any of our properties.

Geographic Restrictions

The owner of the Site is based in the State of Michigan in the United States. We provide the Site for the use only to persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate or in compliance outside of the United States. If you access the Site outside of the United States, you do so at your own risk and of your own volition. You are responsible for compliance with your country’s laws and local laws.

Severability

If any provision of the Terms of Sale 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 the Terms of Sale, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The Terms of Sale are effective unless and until terminated by either you or us. You may terminate the Terms of Sale at any time by notifying us that you no longer wish to use our act of assistance, or when you cease using the Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of the Terms of Sale, 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 site (or any part thereof).

Limitation of Liability

In no event shall we be liable to you or any third party for any loss of use, revenue, profit, or for any consequential, indirect, incidental, special, exemplary, or punitive damages, whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages where foreseeable and whether or not we have been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

In no event shall our aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the amounts paid by you for the relevant Hemp Product(s) sold through the Site.

Goods not for Resale or Export

You represent and warrant that you are buying the Hemp Products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the U.S. This Section does not apply to any distributor. Please refer to the B2B Only Terms (as defined in the General Terms of Sale) for more information.

Entire Agreement

The failure of us to exercise or enforce any right or provision of the Terms of Sale shall not constitute a waiver of such right or provision. The Terms of Sale and any policies or operating rules posted by us on the Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Site, 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 of Sale). Any ambiguities in the interpretation of the Terms of Sale shall not be construed against the drafting party.

Force Majeure

We will not be liable or responsible to you, not be deemed to have defaulted or breached these terms, for any failure or delay in our performance under these terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials, telecommunication breakdown, pandemic, or power outage.

Governing Law

The Terms of Sale and any separate agreement whereby we provide you assistance shall be governed by and construed in accordance with the laws of the State of Michigan, Lenawee County, U.S. In the event of any legal action relevant to the Terms of Sale arises, the sole and exclusive venue shall be a court of competent jurisdiction located in Lenawee County, Michigan. The parties hereto hereby irrevocably waive any objection to jurisdiction and venue of any action instituted hereunder and shall not assert any defense based on lack of jurisdiction or venue or based upon forum non conveniens. EACH PARTY HERETO HEREBY IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO, AND AGREES NOT TO REQUEST, A JURY TRIAL FOR THE ADJUDICATION OF ANY DISPUTE HEREUNDER OR UNDER ANY OTHER TRANSACTION DOCUMENT ENTERED INTO IN CONNECTION WITH OR ARISING OUT OF THE TERMS OF SALE OR ANY TRANSACTION CONTEMPLATED HEREBY OR THEREBY.

Customer Service Information

701 Tecumseh Road
Clinton, Michigan, USA, 49236
Phone: 517-456-7424
cs@edenfoods.com