Terms & Conditions

LEGAL NOTICE

©2007-2011 Optimally Ag, LLC., ALL RIGHTS RESERVED. Please refer to the legal notice below for terms of use.

This site is operated by Optimally Ag, LLC. The website address is www.optimallyag.com. The mailing address for Optimally Ag, LLC is: 4607 Lakeview Canyon Rd, #384, Westlake Village, CA 91361.

As a user of this web site, you agree that your access to and use of this web site are subject to the Terms and Conditions set forth in this Agreement and all applicable laws, and that any such access or use is undertaken at your own risk. These terms and conditions are further subject to change at any time without prior notice. Any such changes will be reflected in this Terms and Conditions area of the Optimally Ag, LLC. web site.

SITE CONTENT

All content, graphics, code and software used on or incorporated into this web site, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Optimally Ag, LLC and all rights thereto are specifically reserved. Permission is granted to electronically copy and print hard copies of pages from this web site solely for personal, non-commercial purposes related to the placement of an order or shopping with Optimally Ag, Inc. Any other use of this web site or content or information contained in this web site is strictly prohibited, unless the written permission of Optimally Ag, LLC, first is obtained.

RELATED COPYRIGHTS & TRADEMARKS

www.optimallyag.com as well as page headers, custom graphics, buttons, images and other content on this web site, are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by Optimally Ag, LLC. Other trademarks, product names and company names or logos used on this web site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this web site is strictly prohibited.

DISCLAIMERS

This web site may contain typographical errors or inaccuracies and may not be complete or current. Optimally Ag, LLC therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability. We apologize for any inconvenience.

This web site, and any information or content on this web site, are provided "as is" with all faults. Optimally Ag, LLC makes no representations or warranties of any kind, whether express or implied, with respect to this web site or content or information available on or through this website. Except as otherwise provided under applicable laws, neither Optimally Ag, LLC nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of this web site or any other web site linked to this web site. This limitation of liability applies to direct, indirect, sequential, special, punitive, or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if Optimally Ag, LLC is notified in advance of the potential for any such damages.

Optimally Ag, LLC does not make any representations or warranties about any web site you may access through this web site. Any such web site is independent from Optimally Organic, Inc. and Optimally Ag, LLC has no control over, or responsibility with respect to, the information provided or activities undertaken by any such web site. A link between www.optimallyag.com and another web site further does not mean that Optimally Ag, LLC endorses that web site. You need to make your own independent decisions regarding your interactions or communications with any other web site.

PRIVACY POLICY

At Optimally Ag, LLC we respect our customers and understand that you are concerned about privacy, so we've instituted policies intended to ensure that your personal information is handled safely and responsibly. We collect information automatically about your visit to our site. The information obtained includes demographic data and browsing patterns and is used in aggregate form to build our internal marketing profiles, aid strategic development, manage relationship with advertisers and audit usage of site. Any information collected will be for the internal use for stats purpose only. It will never be given, lent, rented, bartered or sold to any third party outside of Optimally Ag, LLC or its affiliates, except that we may disclose personal information when required by law or in the good-faith belief that we must disclose such information in order to conform to the law or comply with a subpoena or other formal request. Optimally Ag, LLC may provide aggregate statistics about our customers, sales, traffic patterns and related information to reputable third parties, but these statistics will NOT include any personal identifying information. As we continue to develop our web site and take advantage of technologies to improve the services we provide, this policy may change without any notice to you, but will be updated on this web site.

SHIPPING & DELIVERY

We make every effort to package and ship all orders within 24 to 48 hours. At this time, Optimally Ag, LLC charges for shipping merchandise to International locations as well as Alaska, Hawaii, Puerto Rico, Guam and the US Virgin Islands. These orders can be placed by selecting "International Shipping" to their respective location in the Shopping Cart, or by calling (252) 491-2012. The risk of loss and title for all merchandise ordered on this web site passes to you when the merchandise is delivered to the shipping carrier. Please allow up to 14 days for your order to be packaged and picked up by the agreed upon shipping carrier, excluding weekends & holidays. It may take the mail carrier between 9 - 21 business days to deliver your package excluding weekends & holidays. Please contact us if you have not received your products after 14 business days from placing your order, excluding weekends & holidays. We will personally track your order for you so every customer. If there are questions or concerns about your shipment, please include your name & Order Number. *Worldwide flat rate shipping to most countries and to most areas and territories in verified countries.

RETURN/REFUND/EXCHANGE POLICY

All Sales are Final. Optimally Ag, LLC does not provide refunds, exchanges or returns on any product, under any condition(s). This policy is in effect due to the perishable nature of our products, to protect the integrity of our Organic Products and related accessories from any contamination and/or product tampering, and to protect Optimally Ag, LLC against any fraud and/or product theft. Any and all refused orders will be credited less 30% restocking fee, freight, shipping and handling charges.

SALES TAX

Optimally Ag, LLC. is required by law to collect all applicable sales tax for the state, counties and cities of CA for merchandise ordered on this web site, unless provided with a Wholesaler's number.

DISPUTE RESOLUTION

Any dispute relating in any way to your visit to www.optimallyag.com or any other Optimally Ag, LLC web site shall be submitted to confidential mediation in Ventura County, CA, except that, to the extent you have in any manner violated or threatened to violate Optimally Ag, LLC’s intellectual property rights, Optimally Ag, LLC may seek injunctive or other appropriate relief in any state or federal court in the state of CA, and you consent to exclusive jurisdiction and venue in such courts. In the event mediation is unsuccessful, then such dispute shall be arbitrated in Ventura County, CA. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

MISCELLANEOUS

Optimally Ag. and its subsidiaries reserve the right to refuse service, terminate accounts and/or cancel orders at its discretion, including, but not limited to, if Optimally Ag believes customer conduct violates applicable law or is harmful to the interests of Optimally Ag and its subsidiaries.

The Content included in this web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this web site. Optimally Ag makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or Content. By using this web site, you assume the risk the Content on this web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Optimally Ag, SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT Optimally Organic, Inc. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -- OR Depending on State -- The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this web site is provided by the advertiser or manufacturer only, and not by Optimum Ag. The references and descriptions of products or services within the web site materials are provided "as is" without any warranty of any kind, either express or implied. Optimally Ag. is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Optimally Ag. The inclusion of material on this server does not imply any endorsement by Optimally Ag. which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Optimally Ag. tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this web site are available to all persons or in all geographic locations or jurisdictions. Optimally Ag and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this web site is void where prohibited.

The Terms and Conditions constitute the entire agreement between you and Optimally Ag, LLC with respect to this web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Optimally Ag with respect to this web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Optimally Ag If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

YOUR SUBMISSIONS

Optimally Ag does not want to receive confidential, proprietary, or trade secret information through this web site (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas, or comments sent to www.optimallyorganic.com will be deemed non-confidential, and, by submitting any such information, you are granting Optimally Ag an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever. Please know, however, that we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so. If you have any questions concerning an email submission, please contact us.

For more information on Optimally Ag Terms and Conditions, please call us Monday through Friday between 11:00 a.m. and 4:00 p.m. Pacific Time at (949) 335-5451.