Revived Leaves

Terms and conditions

Revived Leaves, LLC

Terms and Conditions – Website and Web Orders

Use of Website. This website (the "Website") is made available to you by Revived Leaves, LLC.　 These terms and conditions apply to your use of our Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user, or through mobile or desktop application versions of the Website, and any orders for our products (collectively, the "Terms and Conditions").　 Please read these Terms and Conditions, including our Privacy Policy included in these Terms and Conditions, carefully before using our Website or placing an order. By using our Website or placing an order, you (a) acknowledge and agree that you have read and understand our Terms and Conditions, including our Privacy Policy, and (b) signify your agreement with and consent to these Terms and Conditions, including our Privacy Policy.　 If you do not agree with and consent to these Terms and Conditions or our Privacy Policy, you must exit our Website and you should not place an order.
Products. Our products consist of USDA certified 100% biobased disposable tableware manufactured using renewable natural material (dried fallen husk) sourced from Areca palm trees. The country of origin of all of our products is India. While we strive to manufacture our products in uniform sizes and colors, because we use natural material and indigenous manufacturing processes by rural farming communities, variations in size and color will occur.
Account Access. To access our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all of the information you provide on our Website is correct, current and complete.　 If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.　 If you are in a corporate setting where your computer can be used or seen by others, it would be in your best interest to always log out of your account before leaving your computer area. This will eliminate anyone from accessing any of your personal information. We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of these Terms and Conditions.
Website Content and Use. The content on our Website is for information purposes only and you agree that your use of and browsing in our Website is at your risk.　 In no event shall Revived Leaves, LLC, its subsidiaries or affiliates and their officers, directors, members, managers, employees or agents ("Revived Leaves"), be liable to you for any direct, indirect, special, punitive or consequential damages resulting from any (a) errors, mistakes, or inaccuracies of content (including product inventory levels and availability), (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Website, (c) any unauthorized access to or use of the server that provides access to our Website and/or any and all personal information and/or financial information stored therein and whether or not Revived Leaves is advised of the possibility of such damages. You are strictly prohibited from uploading to our Website any material that contains any virus, worm, "trojan horse," time bomb, or similar contaminating or destructive feature including sexually explicit material. Violators may be prosecuted to the maximum extent of the law.
Terms of Purchase.
1. All offers, prices and conditions of sale of our products may be subject to: (i) change without notice, (ii) prior purchase, and/or (iii) other conditions/restrictions.
2. You agree to abide by these Terms and Conditions, which govern your use of our Website and any and all orders and purchases by you of any of our products. You also agree to timely pay all amounts owed for purchase of our products.
3. When you place an order via our Website, you will be prompted to:
  1. Enter your credit card information, which includes the complete credit card number, expiration date, credit card security code, the full name of the person to whom the credit card is issued and the primary card holder’s billing address. We accept American Express, Discover, MasterCard, Visa, Diners Club, JCB, and PayPal. We do not accept electronically transferred funds for, or COD, orders placed via our Website. Your credit card will be charged for all in-stock products in your order at the time you place your order. Customers who elect to pick up their order at our warehouse must present their credit card at the warehouse for payment prior to order processing; and
  2. Select a speed of delivery option. Shipping time and delivery will vary order to order, but we typically expect delivery within 5 to 7 business days for standard shipping, subject to carrier delays and unforeseen events, for which we are not responsible or liable in any way. If you need your order delivered to you sooner than is expected with standard shipping, you may select 3 day, 2 day or next day shipping. We will select the shipping carrier, which may include, but is not restricted to, USPS, UPS, FedEx, DHL Express, or other carriers we may identify and utilize as part of our system automation process during order fulfilment. We will endeavor to minimize your shipping costs when selecting the carrier.
4. At the time you place your order, you will pay handling, packaging and shipping charges for in-stock products you order. If ordered product is out of stock, it will be placed on back-order. Any out of stock product will be shipped separately from the rest of your order, and you will be charged separate handling, packaging and shipping charges when the back-ordered product becomes available and we ship it to you. If you do not want us to place out-of-stock product on back-order, you must cancel back-ordered product by calling or emailing customer service (support@revivedleaves.com) within 48 hours after you are notified of out-of-stock products, and you will receive credit for any amount previously paid for out-of-stock products. The handling, packaging and shipping costs applicable to your order will vary depending on the size and weight of your order, the speed of delivery option you selected, the distance your order must travel from our warehouse to your shipping address, and the shipping carrier. Due to shipping carrier size and/or weight restrictions, some high volume orders may have to be shipped by truck. If this applies to your order, we will contact you to give you a truck shipping charge quote.
5. By placing an order, you acknowledge and agree that all risk of loss of, or damage to, all or any part of the products you order passes to you at the time your order is placed in the hands of the shipping carrier.
6. You will receive an email confirming our receipt of your order. You will also receive an email when your order has been placed in the hands of the shipping carrier, which will include package tracking information, if available from the shipping carrier.
Product Packaging; Returns. Revived Leaves is committed to providing quality products and services in addition to a pleasant shopping experience. If you notice any damage to the packaging in which your product was packed prior to opening the package, you must report it by calling or emailing customer service within 24 hours of delivery and obtain a return authorization. The original packing list must accompany all authorized returns.
You agree to use reasonable care when opening product packaging. You understand that using a sharp instrument to open product packaging may cause damage to the products you receive. You agree that we are not responsible or liable in any way for product damage caused by the method you use to open boxes or other product packaging.
If any of the products you receive are defective, and such defect was not caused by or the result of opening the product packaging, or if you are dissatisfied with the products you receive for any reason, you must return the products to us to the return address on the shipping label, with the original, shrink-wrapped packaging unopened and intact without damage to product UPC barcodes or logos, and with the original packing list, and carefully returned in the same box we shipped the products to you, within two (2) business days of delivery of your order to you (shipping costs to return products to us will be your expense), and in such event, we will, at our option, either replace the returned products or issue a credit to you for the purchase price paid by you for the returned products, which credit will be applied to the credit card you used to purchase the returned products. If we elect to replace returned products, we will not charge you handling or packaging fees, or shipping costs, for the replacement products. If we elect to issue a credit to you for the purchase price paid by you for the returned products, we will deduct handling, packaging and shipping costs to ship your original order from such credit.
Disclaimers.
We have taken reasonable efforts to ensure that the information, materials and services contained in our Website, including information regarding whether a particular product or products is/are in stock, is accurate. However, all information is provided "as is." to the fullest extent permissible pursuant to applicable law, we, and our providers, distributors and manufacturers disclaim all warranties, express or implied, including but not limited to (I) implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title to any of the information, materials and services provided on our Website, and (II) any warranties that the functions contained in the information, materials and services will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components, and (III) any warranties regarding the use, or results of the use, of the information, materials and services on the Website in terms of their correctness, accuracy, reliability, timeliness or otherwise. you alone assume any and all costs arising in connection with your use of the website. applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We are in no way responsible for failures due to third-party software, regardless of whether these are incorporated into our Website or provided via our Website.
We are in no way responsible for any damage, direct, indirect or consequential, whether or not foreseeable resulting from the provision, use or the total or partial failure of the Website functionalities (including machine, software or operator error, or malfunctions in connection with data transmission), including the responsibility associated with any viruses or malware likely to infect the equipment you use to access the Website.
We make no representation that information, materials, services or our products available on or through our Website are appropriate or available for use in locations outside the United States. Accessing information, materials and services available on or through our Website from territories where their contents are illegal is prohibited. Those who choose to access our Website from other locations do so on their own initiative and are responsible for complying with local laws.
The photos on our Website are for illustration purposes, are not contractual, and we are not responsible for them or their accuracy in depicting the subject matter described.
Force Majeure. We are not responsible for any order fulfillment, shipping or delivery delay or failure caused by any fire, earthquake, tornado, flood, explosion, embargo, war, terrorism, riot, governmental regulation or act, act of God, or any other cause beyond our reasonable control.
Indemnification. You agree to defend, indemnify and hold harmless Revived Leaves against all third party claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable attorney's fees, arising in connection with your use of our Website or resulting from, or alleged to result from, your use of our Website or your violation of these Terms and Conditions.　 If you enter into any online shopping transactions on our Website, you agree that you are of legal age and have all necessary authority to enter into and bind yourself under any agreements made on our Website.
User Contributions. You agree that, if you post, submit, publish, display or transmit to other users (hereinafter "post") content or materials regarding Revived Leaves and/or our products (collectively, "User Contributions") on the Internet, we have a worldwide, non-exclusive royalty free license to use, copy, distribute and disclose to third parties any such User Contributions for any purpose (the "License").　 You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant Revived Leaves the License, and (b) you agree to defend, indemnify and hold harmless Revived Leaves and its licensors from any breach of this representation and warranty.　 You acknowledge and agree that you are responsible for any User Contributions you post, and you, not Revived Leaves, have full responsibility for the legality, reliability, accuracy, and appropriateness of such content.　 Any content and/or opinions posted to the Internet, other than the content provided by Revived Leaves, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Revived Leaves.　 We are not responsible or liable to any third party for the content or accuracy of any materials posted by you or any other user of the Website.　 We have the right to:
1. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates these Terms and Conditions, infringes any intellectual property right or other right or could create liability for Revived Leaves.
2. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
3. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
4. Terminate your access to all or part of our Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
5. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any User Contribution. YOU WAIVE AND HOLD HARMLESS REVIVED LEAVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY REVIVED LEAVES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER REVIVED LEAVES OR LAW ENFORCEMENT AUTHORITIES.　 However, we do not undertake to review any material before it is posted, and we are not responsible for removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this paragraph.
Third Party Websites. Our Website may contain links to other websites operated by third parties other than Revived Leaves. These links are provided for your convenience only. Revived Leaves does not control such third party websites or their content. The fact that the Website contain links to sites operated by third parties other than Revived Leaves does not mean that Revived Leaves approves of, endorses or recommends those sites, nor does it imply any association with their operators. If you link to any off-site pages or other sites, you do so at your own risk. Revived Leaves disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site and disclaims all responsibility for loss, injury, claim, liability or damage of any kind resulting from any third party website or content directly or indirectly accessed through links in our Website.
Intellectual Property.
1. All materials and content on our Website, including, but not limited to, images, illustrations, text, audio clips and video clips, are protected by or consist of copyrights, trademarks, service marks and/or other intellectual property ("Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by us or other parties that have licensed to us the right to use their Intellectual Property or the right to market their products and/or services (collectively, the "IP Providers").
2. The Intellectual Property is provided solely for your personal, non-commercial use. You agree to abide by all additional copyright notices, information or restrictions contained in any material or content on our Website. You may download any Intellectual Property solely for your personal, non-commercial use, consistent with these Terms and Conditions, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute and/or exploit any Intellectual Property in any way (including by email or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or the use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining an unauthorized link to our Website, is prohibited by these Terms and Conditions. All software, applications and modules used on our Website are proprietary to or licensed to us by other parties. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer or modify any software on our Website. Further, you cannot: (i) use any device, software or routine that interferes or attempts to interfere with the normal operation of our Website; or (ii) perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; or (iii) use any "robot," "spider," or other automatic device (or a program, algorithm or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer or link to any of the pages, data, materials or content available on our Website.　
3. The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Intellectual Property to countries or persons prohibited under United States’ export control laws. By using, copying or downloading any portion of the Intellectual Property, you are representing that you are not in a country where such export is prohibited; that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals; and that you are not providing access to the Intellectual Property to any person similarly situated.　
Equipment Damage. Revived Leaves assumes no responsibility and shall not be liable for any damages to, or viruses or malware of any type or sort whatsoever that may infect, your computer or other equipment or property on account of your access to, use of, or browsing in our Website or your downloading of any materials, data, text, images, video, or audio from our Website.
Security on Our Website. Revived Leaves wants to assure you that your transactions are secure when you place an order through our Website.
1. When you enter the checkout process of revivedleaves.com, you will notice the address at the top of your browser changed from http://www.revivedleaves.com/cart to https://www."a long unique id"/mysimplestore.com/checkout/…. This means you have accessed a secure SSL (Secure Socket Layer) page. The information you enter on https pages is securely passed between your computer and our webserver. The page on our Website that you use to manage your account is also a secured page. Another way to tell if you are on a secure page is the padlock image that appears in your browser.
2. Our website hosting partner uses an Extended Validation SSL (Secure Socket Layer) Certificate, which gives high-security web browsers information to enable the browsers to visibly identify revivedleaves.com as the organizational identity of the website. Depending on the internet browser you use, the address bar may turn green to identify Revived Leaves, LLC as the certificate holder.
3. You'll notice the McAfee Secure Seal image at the bottom of the screen. Revived Leaves website is certified by McAfee Secure Seal certification software which enables your secure shopping experience on revivedleaves.com.
4. Every page of the checkout process is under the secure site. Notice the https:// at the top in the address line and the locked padlock. Also, notice that when you get to the payment option screen, only the last four digits of your saved credit card are shown.
Entire Agreement and Construction.
1. These Terms and Conditions constitute the entire agreement of the parties pertaining to the subject matter hereof and supersede all prior arrangements, understandings, negotiations and discussions, whether oral or written, as to the subject matter hereof. No waiver of any of the provisions of these Terms and Conditions shall be deemed or shall constitute a waiver of any other provisions hereof, whether or not similar, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. The unenforceability or invalidity of any provision of these Terms and Conditions shall not render any other provision unenforceable, and each provision hereof shall be enforced to the fullest extent permitted by applicable law.
2. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated to maintained in printed form.
Benefit. These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, personal representatives, successors and permitted assigns. Except as expressly provided herein, nothing herein is intended to confer upon any person, other than the parties and their respective heirs, executors, personal representatives, successors and permitted assigns, any rights or remedies whatsoever.
Captions and Use of Pronouns. The captions inserted here in our inserted only as a matter of convenience and in no way to find, limit, construe, affect or describe the scope or intent of these Terms and Conditions. Whenever here in the singular is used, the same shall include the plural, and the masculine gender shall include the feminine and neutral genders and vice versa, whenever the context so requires.
Time. Time shall be deemed to be of the essence of these Terms and Conditions.
Governing Law. By accessing our Website, you agree that the laws of the State of Michigan will apply to all matters relating to the use of our Website, without regard to conflict of laws principles.　 You also agree to the exclusive jurisdiction and venue of either (a) the courts of the State of Michigan sitting in Oakland County, Michigan, or (b) the United States District Court for the Eastern District of Michigan, Southern Division.
Changes to Terms and Conditions. Revived Leaves may at any time revise these Terms and Conditions by updating this posting. You are bound by such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound. 　Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the revised Terms and Conditions.　
Enforceability. The illegality or unenforceability of any provision of these Terms and Conditions shall not affect the validity and enforceability of any legal and enforceable provisions of these Terms and Conditions.

Revived Leaves, LLC, Terms and Conditions last update: August 2015.　

Terms and conditions

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