This document sets forth the terms and conditions (“Terms”) governing your use of PoppySeedNYC LLC’s (“Poppyseed”) website located at www.poppyseednyc.com (“Site”) and the information and services made available on and through the Site. Please read the Terms carefully. The Terms, when agreed to by you, will form a binding agreement between you and Poppyseed.
Acceptance of Terms. Your use of the Site indicates your acceptance of the Terms. If you do not accept the Terms, you may not use the Site. From time to time, the Terms may be revised by Poppyseed. It is your obligation to review the Terms from time to time. Your continued use of the Site will constitute your agreement to the most current version of the Terms. If at any time you do not agree to the Terms, you must cease your using the Site.
Termination of Access. Use of this Site and its services is a privilege. Poppyseed reserves the right to suspend your use of this Site for any reason at any time in Poppyseed’s sole discretion. Questions concerning the use of the Site and its services should be directed to .
Definitions. For the purposes of this Agreement, the following definitions apply: "Content" includes all Text, Graphics, Design and Programming used on the
“Content” includes all Text, Graphics, Design, and Programming used on the Site.
“Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
“Graphics” includes all logos, buttons, and other graphical elements of the Site, with the exception of any paid advertising banners.
“Design” includes the color combinations and the page layout of the Site.
“Programming” includes both client-side code and server-side code used on the Site.
"User" refers to any individual who uses any aspect of the Site or its services.
"You" refers to the person accessing the Site and agreeing to the Terms.
Intellectual Property Rights. All Content is the sole property of Poppyseed or its respective owners, and is protected by U.S. copyright and international treaties. Poppyseed authorizes you to view and download a single copy of the Content to be used solely for your personal, noncommercial use. You may not reproduce, modify, display, sell, or distribute the Content, or use it in any way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the code used to generate web pages on the Site, as well as any Graphics.
The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright law. All product names, names of services, trademarks, and service marks (collectively, "Marks") are the property of Poppyseed or its respective owners.
You may not use the Marks for any purpose whatsoever other than as permitted by the Terms.
Acceptable Use of the Site. The Site and its services are intended to facilitate the offering for sale of granola. The Site may be used in a manner consistent with this purpose, and only within the context of the products, services, and information set forth on the Site. The information displayed on the Site may not be used for any purpose except in connection with your direct use of the Site as permitted by the Terms, and may not be excerpted, summarized, duplicated, or otherwise removed from the Site. In addition, you represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Site for any purpose or in any manner that is prohibited by the Terms or applicable law. Your use of the Site is also subject to the following restrictions:
You may not send unsolicited commercial email to Users. SPAM, chain emails, advertising solicitations, and similar email solicitations are expressly prohibited;
You may not delete, edit, or revise any material posted by any other person or entity. You may not copy, duplicate, download, or otherwise use any material posted by any other person or entity except as permitted by the Terms; and
You may not interfere with the proper operation of the Site, including, but not limited to, attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use bots, Trojan Horses, viruses, DNS attacks, or other technology designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users.
Limitations on Information Submitted. Any submission of information to Poppyseed through the Site is subject to the following guidelines and restrictions:
It may not contain URLs or links to any websites;
It may not contain copyrighted material (unless you own the copyright or have the owner's permission to use the copyrighted material);
It may not contain trade secrets (unless you own the trade secrets or have the owner’s permission to use the trade secrets);
It may not contain material that infringes on the intellectual property rights of others, including, but not limited to, copyright, trademark, patent, and trade secrets;
It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
It may not contain information that is known by you to be untrue, false, or misleading, or which does not fairly or accurately depict or describe the subject matter of the information submitted by you;
It may not present information that impersonates another person, whether living or dead;
You may not solicit money, investments, or make any offering of securities or investments;
You may not submit chain letters or pyramid schemes; and
You may not submit opinions or notices, commercial or otherwise.
Monitoring of Information. Poppyseed does not assume any obligation to review the accuracy, completeness, truthfulness, or content of any information submitted to the Site. Poppyseed may, in its discretion, review information submitted to the Site for any purpose and it reserves the right, in its discretion, to reject any information submitted to the Site for any reason.
Security Rules. To ensure the security of the Site and of Users, the following security rules govern your use:
Protect your password. You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to notify Poppyseed. Poppyseed shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by same.
Accessing data not intended for you or logging into a server or account of which you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
Attempting to interfere with service to any User, host, or network, including, without limitation, by submitting a virus to the Site;
Sending unsolicited emails to promote and/or advertise products or services; and
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violation of these Security Rules may result in civil or criminal liability in addition to the termination of your access rights. Poppyseed will investigate occurrences which may involve such violations and which may involve, and cooperate with, law enforcement authorities in prosecuting Users involved in such violations.
Termination of Access to Site. Users who violate the Terms may be denied access to the Site at the sole discretion of Poppyseed.
Disclaimer of Warranties and Limitations of Liability. Your agreement to the following disclaimers and limitations are a material inducement to Poppyseed to permit you to access the Site. Your use of the Site, and the obligations and liabilities of Poppyseed in respect to your use of the Site, is expressly limited as follows:
Conduct of Users. Poppyseed assumes no responsibility for the activities or conduct of Users;
Third Party Information. The Site may display content, services, products, or hyperlinks of other companies or persons. Notwithstanding the presentation of any third-party information on the Site, no such presentation shall be considered an endorsement, representation, or warranty, either express or implied, by Poppyseed on behalf of any third-party. Poppyseed does not endorse, warrant, or otherwise guarantee the substance of any information posted by Users or third parties on the Site. Poppyseed shall have no liability or responsibility for the content, subject matter, or substance of any information accessed or obtained from third-party websites that are accessed from or through the Site. Access to third-party websites from the Site is done at your own risk. Poppyseed does not warrant any products purchased through the Site or purchased in reliance on information obtained from the Site; and
Accuracy of Information. Poppyseed makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness, or reliability of any information submitted by Users or any information exchanged by Users. Information on the Site may contain inaccuracies or typographical errors. You acknowledge and agree that any reliance on information submitted by Users is at your own risk.
DISCLAIMER OF WARRANTIES. POPPYSEED MAKES REASONABLE EFFORTS TO ENSURE THE ACCURACY OF INFORMATION MADE AVAILBALE ON THE SITE. NOTWITHSTANDING THE FOREGOING, POPPYSEED DOES NOT WARRANT THE ACCURACY OF THE INFORMATION MADE AVAILABLE ON THE SITE OR REPRESENT THAT SUCH INFORMATION IS ERROR-FREE. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALL PRODUCTS SOLD ON THE SITE ARE SOLD “AS IS” WITHOUT ANY WARRANTY.
LIMITATION OF LIABILITY. IN NO EVENT SHALL POPPYSEED BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, (INCLUDING LOST PROFITS) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT ON OR THROUGH THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE LIMITATIONS SET FORTH IN THIS PARAGRAPH ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF POPPYSEED TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF THE ACTUAL AMOUNT PAID BY YOU TO POPPYSEED FOR ANY PRODUCTS OFFERED ON THE SITE OR U.S. $100.00.
Indemnification. You agree to indemnify, defend and hold harmless Poppyseed from and against any and all liability, claims, causes of actions, damages, costs and expenses, including, but not limited to, attorneys’ fees and costs of suit, arising out of your breach of the Terms.
General. The Terms are governed by the laws of the State of New York in the United States, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of the Terms shall lie exclusively with the state and federal courts within the State of New York. If any of the Terms are held to be invalid or unenforceable, then the invalid or unenforceable term shall be deemed superseded by a valid, enforceable term most closely matching the intent of the original term and the remainder of the Terms will continue in full force and effect. The failure of Poppyseed to enforce any term shall not be deemed a waiver thereof and shall not prevent its later enforcement. Poppyseed may assign its rights and responsibilities hereunder without notice to you. Any violation of the Terms may result in termination of Poppyseed’s service to you.