Terms & Policies
Terms and Policies
Terms & Conditions
Effective Date: September 26, 2022
Site Covered: SouthernTipps.com
THE AGREEMENT: The use of this website, SouthernTipps.com, as well as products and services on this website provided by American Leaf Supply, LLC (hereinafter referred to as “Company”), are subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website, SouthernTipps.com, (hereinafter collectively referred to as “Website”) and any services, products, or physical goods provided by or on this Website (“Services”).
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: The Company, as the creator, operator, and publisher of the Website, makes the Website, and certain Services on it, available to users. American Leaf Supply, LLC, Company, Us, We, Our, Ours, and other first-person pronouns will refer to the Company, as well as all employees and affiliates of the Company.
b) You, the User, the Client: You, as the user of the Website, will be referred to throughout this Agreement with second-person pronouns such as You, Your, Yours, or as User or Client.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if You assent to this Agreement.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this Website for any Services contained herein. If you are NOT at least 18 years of age, please leave the Website immediately. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of Your age.
4) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed or gathered by the Company, and other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license to use the Company Materials solely in connection with Your use of the Website and Services. The Company Materials may not be used for any other purpose, and this license terminates upon Your cessation of use of the Website or Services or at the termination of this Agreement.
5) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all rights, title, and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from the Company.
a) In order to make the Website and Services available to You, You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website (“Your Content”). The Company claims no further proprietary rights in Your Content.
b) If you feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please Contact Us and let us know at info@SouthernTipps.com.
6) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party, and if You discover that Your identifying information has been compromised, You agree to notify Us immediately in writing at info@SouthernTipps.com. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
7) ACCEPTABLE USE
You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
a) You further agree not to use the Website or Services:
I)To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
II) To violate any intellectual property rights of the Company or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate fraud;
V) To publish or distribute any obscene or defamatory material;
VI) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
VII) To unlawfully gather information about others.
8) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in affiliate marketing whereby the Company receives a commission on or percentage of the sale of goods or services on or through the Website. The Company may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
9) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account or place an order, You provide Us with a valid email address and may provide Us with additional information, such as Your name, shipping address, or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our Website, including through email communication. We may also, track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Company will still receive information about You that You have provided, such as Your email address.
10) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. YOU FURTHER AGREE THAT YOUR PURCHASE OF ANY PRODUCTS OR SERVICES ON THE WEBSITE IS AT YOUR OWN RISK. The Company does not assume responsibility or liability for any Products, Services or advice, or other information given on the Website.
WARNING: Smoking is dangerous to your health. Smoking produces tar and carbon monoxide. These products are not intended for use by persons under the legal age, and not by women who are pregnant or breastfeeding, or by persons with or at risk of heart disease, high blood pressure, diabetes, or other health problems. Products on Our Website can expose you to chemicals including carbon monoxide, which is known to the State of California to cause cancer. For more information, go to www.P65Warnings.ca.gov. Products on our Website have not been tested or approved by the FDA and aren’t intended to diagnose, cure, treat, or prevent any disease.
11) SALES
The Company may sell goods or services or allow third parties to sell goods or services on the Website. The Company undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product and service information, and You acknowledge and agree that You purchase such products and Services at Your own risk. For goods or services sold by others, the Company assumes no liability for any product and cannot make any warranties about the merchantability, fitness, quality, safety, or legality of these products. For any claim You may have against the manufacturer or seller of the product, You agree to pursue that claim directly with the manufacturer or seller and not with the Company. You hereby release the Company from any claims related to goods or services manufactured or sold by third parties, including any and all warranty or product liability claims.
12) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, phone number, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to Us. If we reject or cancel the order after payment has been processed, We will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale, and We reserve the right to place any additional restrictions on the sale of any of Our Services. You agree to ensure payment for any items You may purchase from Us, and You acknowledge and affirm that prices are subject to change. For the sale of Services, We may preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of Payment. Shipment costs and dates are subject to change from the costs and dates that You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, You agree to contact Us in a timely manner at the following: info@SouthernTipps.com.
We will choose, at our sole discretion, the appropriate shipping carrier to ship and deliver Your order. The shipping carrier will provide Us with a tracking number and we will forward that tracking number to You at the time Your order has been processed for shipment. We strive to process and ship orders in a timely manner. You acknowledge and affirm that shipping carriers are third-party and We can not and will not be held responsible for delayed shipments. You agree that when the shipping carrier identifies the shipment as delivered in their tracking system, We are no longer responsible for the items. If a shipment is lost, We will, at Our sole discretion, reship the order to You or cancel the order and provide a refund for Your purchase price and/or order.
RETURN POLICY: Only unopened, undamaged items with tamper seal unbroken and in good, re-sellable condition can be returned. Returned items must have your purchase receipt included and be received within 14 days of the original purchase. We DO NOT offer refunds but will exchange your purchased item for another item. We DO NOT refund shipping charges and additional shipping charges may be required. For out-of-the-ordinary return issues, we will evaluate on a case-by-case basis.
13) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
c) Reverse engineer, or attempt to reverse engineer any Services that may result in the infringement on the Company.
14) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk.
15) INDEMNIFICATION
You agree to defend and indemnify the company and any of its employees or affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes.
16) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
17) THIRD-PARTY LINKS & CONTENT
The Company may occasionally post links to third-party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to Our Website.
18) MODIFICATION & VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of Your continued assent to this Agreement.
c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
19) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website and Services. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
20) SERVICE INTERRUPTIONS
The Company may need to interrupt Your access to the Website or Services offered by the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by anticipated, unanticipated, scheduled, or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
21) TERM, TERMINATION & SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
22) NO WARRANTIES
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK and that any Services provided by Us are on an “As is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, Your computer system, or as a result of loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
23) LIMITATION ON LIABILITY
THE COMPANY IS NOT LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, to the fullest extent permitted by law. The maximum liability of the Company shall be the initial purchase price of the items, Services, purchased.
24) GENERAL PROVISIONS
a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of the State of Kentucky shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of Warren County, Kentucky. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Warren County, Kentucky. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the state of Kentucky. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, Website claims, Service claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
d) CLASS ACTION WAIVER: ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE OR CLAIM IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. ANY ARBITRATION OF A DISPUTE OR CLAIM WILL BE ON AN INDIVIDUAL BASIS. YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS-ACTION LAWSUIT. YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATION OR PROCEEDINGS.
e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
g) HEADING FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
h) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail. For any questions or concerns, please email Us at info@SouthernTipps.com.
Privacy & Safety
Privacy Policy
Effective Date: September 26, 2022
Site Covered: SouthernTipps.com
Protecting your private information is our priority. This Statement of Privacy applies to SouthernTipps.com, and American Leaf Supply, LLC and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the website include SouthernTipps.com and American Leaf Supply, LLC. By using the SouthernTipps.com website, you consent to the data practices described in this Privacy Policy.
Collection of your Personal Information
SouthernTipps.com may also collect anonymous demographic information, which is not unique to you.
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services. These may include: (a) registering for an account and/or membership; (b) entering sweepstakes or contests sponsored by us or one of our partners; (c) signing up for special offers from us or selected third parties; (d) sending us an email message; (e) submitting your credit card or other payment information when ordering and purchasing products and services. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
SouthernTipps.com collects and uses your personal information to operate and deliver the products and services you have requested.
SouthernTipps.com may also use your personally identifiable information to inform you of other products or services available from SouthernTipps.com and its affiliates.
Sharing Information with Third Parties
SouthernTipps.com does not sell, rent or lease its customer lists to third parties.
SouthernTipps.com may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to a third party. SouthernTipps.com may share data with trusted partners to help perform statistical analysis, send you emails or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to SouthernTipps.com, and they are required to maintain the confidentiality of your information.
SouthernTipps.com may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SouthernTipps.com or the site; (b) protect and defend the rights or property of SouthernTipps.com; and/or (c) act under exigent circumstances to protect the personal safety of users of SouthernTipps.com, or the public.
Opt-Out of Disclosure of Personal Information to Third Parties
In connection with any personal information, we may disclose to a third party for a business purpose, you have the right to know:
* The categories of personal information that we disclosed about you for a business purpose.
Tracking User Behavior
SouthernTipps.com may keep track of the websites and pages our users visit within SouthernTipps.com, in order to determine what SouthernTipps.com services and products are the most popular. This data is used to deliver customized content and advertising within SouthernTipps.com to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by SouthernTipps.com. This information can include your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain the quality of the service, and to provide general statistics regarding the use of the SouthernTipps.com website.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: * Delete your personal information from our records; and
* Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
* Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
* Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
* Debug to identify and repair errors that impair existing intended functionality;
* Exercise free speech, ensure the right of another consumer to exercise his or her right to free speech, or exercise another right provided for by law;
* Comply with the California Electronic Communications Privacy Act;
* Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when or deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
* Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
* Comply with an existing legal obligation; or
* Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Persons under the age of 18 should not use the SouthernTipps.com website.
SouthernTipps.com does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must exit the SouthernTipps.com website immediately.
Opt-Out & Unsubscribe from Third Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of SouthernTipps.com by contacting us here: info@SouthernTipps.com.
Changes to this Statement
SouthernTipps.com reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our website, and/ or by updating any privacy information. Your continued use of SouthernTipps.com and/or Products and Services available after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
SouthernTipps.com welcomes your questions or comments regarding this Statement of Privacy. If you believe that SouthernTipps.com has not adhered to this Statement, please contact info@SouthernTipps.com.