Terms of Use

This Web site is operated by Grain Apart. All inquiries may be directed to:

Grain Apart
Customer Service Department
17633
Gunn Highway #369
Odessa FL 33556
813-613-9325

Your use of this Web site is governed by these terms and conditions. Please take a few minutes to review these terms and conditions. Your use of the grain-apart.com Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the grain-apart.com Web site.

THESE TERMS AND CONDITIONS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SITE OR YOUR PURCHASE OR OUR SERVICES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT.

THE DISPUTE RESOLUTION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.

THESE TERMS AND CONDITIONS ALSO INCLUDE A JURY WAIVER.

MORE INFORMATION ABOUT THE ARBITRATION AND CLASS ACTION WAIVER CAN BE FOUND IN THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION BELOW.

THESE TERMS AND CONDITIONS MAY CHANGE

Grain Apart reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the grain-apart.com Web site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions each time you use this Web site.

USE OF WEB SITE

The grain-apart.com Web site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in retail transactions involving Grain Apart’s goods and services and/or to otherwise transact business with or contact Grain Apart, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients). No information concerning the transactional preferences of an individual customer (whether such customer is a person or an entity) can be entered, altered, modified or otherwise affected, by any third party on behalf of such individual customer.

COPYRIGHT NOTICE

All of the content you see on this Web site, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the “Content”) is the exclusive property of Grain Apart and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Grain Apart, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Grain Apart. The entire Content of the grain-apart.com Web site is copyrighted as a collective work under U.S. and other applicable copyright laws, and Grain Apart owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the grain-apart.com Web site, and the Web site as a whole, are intended solely for the personal and non-commercial use of the users of our site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Grain Apart. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Grain Apart reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Grain Apart.

DIRECT MAIL NOTICE

Products displayed in catalogs may have limited quantities or availability. Grain Apart reserves the right to substitute gift components with like items of same or greater value. Returns or exchanges of products are subject to Grain Apart policies. Prices quoted are subject to change at any time. Grain Apart is not responsible for and, reserves the right to correct, any errors or inaccuracies in catalogs, and to cancel orders based on the same.

TRADEMARK NOTICE

Grain Apart® and grain-apart.com® are registered trademarks of Grain Apart. All other Grain Apart trademarks, service marks, domain names, logos, company names and indicia of origin referred to on the Web site are the property of Grain Apart. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Grain Apart or any third party without permission from the owner. All rights are reserved. All other trademarks, product and company names, and logos appearing on www.grain-apart.comare the property of their respective owners.

SUBMISSIONS

We welcome your comments regarding the grain-apart.com Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to grain-apart.com shall be and remain the exclusive property of Grain Apart. Your submission of any such Comments hereby constitutes an assignment to Grain Apart of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Grain Apart will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

HYPERLINKS TO OTHER WEBSITES

To the extent our Web site contains hyperlinks to outside services and resources, the availability and content of which Grain Apart does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.

GIFT MESSAGES

The grain-apart.com gift message services available to our customers are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in grain-apart.com gift messages include, but are not limited to:

The transmission of any content that violates, facilitates the violation of, or could violate or facilitate the violation of any applicable law, regulation, or Grain Apart rule or policy. The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, unlawfully discriminatory, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. The impersonation of any person or entity in any part of a gift message. The transmission of any content that would violate the intellectual property rights of any other person or entity. Grain Apart reserves the right, but is not obligated, to restrict or remove any and all content from a gift message that we determine, in our sole discretion, to violate these guidelines or applicable law or to be otherwise harmful to us, to other Grain Apart customers, or to any other person or entity.

COLORS

We have done our best to display as accurately as possible the colors of the products shown on this Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

PRODUCT INFORMATION

Most products displayed on this site are available in select Grain Apart stores. In some cases, merchandise displayed for sale on this site may not be available at Grain Apart stores.

PRODUCT PRICING INFORMATION

The prices displayed on our Web site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store. The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States. You are responsible for paying all applicable sales or use taxes which may be levied by your state. If we are legally required to collect sales tax on merchandise you order, the tax amount will be added automatically to your purchase price.

DISCLAIMER

THIS WEB SITE AND ALL CONTENTS OF THIS WEB SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Grain Apart’s AGGREGATE LIABILITY TO YOU FOR ANY REASON AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Grain Apart FOR THE SINGLE TRANSACTION YOU COMPLETED DURING SUCH TIME AS YOUR CLAIM AROSE. Grain Apart SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF USE AND LOSS OF PROFITS.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT OR FRAUD OF Grain Apart ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE.

IN FLORIDA, THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE NEGLIGENCE OF Grain Apart ARISING OUT OF OR RELATING TO THIS WEBSITE AND/OR THE CONTENTS OF THIS WEBSITE.

From time to time, there may be information on our Web site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Grain Apart reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

ARBITRATION AGREEMENT AND CLASS ACTION WAIVER

a. Mandatory Binding Arbitration. The parties to these terms and conditions agree that final and binding arbitration on an individual basis shall be the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your purchase, our service, the Web site or these terms and conditions. Notwithstanding the foregoing, any dispute or claim relating to patent, copyright, trademark, trade secret, privacy or publicity rights, shall not be resolved in arbitration and, instead, the parties agree that such dispute shall be resolved exclusively in state or federal court in the State of New York, and the parties consent to exclusive jurisdiction and venue in such courts. The parties hereto acknowledge and agree that the Federal Arbitration Act and federal arbitration law apply to arbitrations under these terms and conditions (despite any other choice of law provision).

Arbitration under these terms and conditions shall be conducted by the American Arbitration Association (the “AAA”). For claims of less than or equal to $75,000 (exclusive of attorney’s fees, costs, and alleged punitive damages or penalties), the AAA’s Consumer Arbitration Rules will apply; for claims over $75,000, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at https://www.adr.org. Any Notice of Arbitration should be mailed to us at the following address:

Grain Apart
Customer Service Department
17633
Gunn Highway #369
Odessa FL 33556
813-613-9325

b. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARBITRATION SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS ACTION BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS.

Disputes may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. In the event that this CLASS ACTION WAIVER is deemed unenforceable, then any putative class action may only proceed in a court of competent jurisdiction without a jury and not in arbitration.

c. Waiver of Rights, Including to Trial by Jury. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The rules in arbitration are different. There is no judge or jury, and review of an arbitrator’s decision is very limited. WE BOTH FURTHER AGREE THAT, WHETHER A CLAIM WILL BE RESOLVED IN ARBITRATION OR IN COURT, THE PARTIES BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

Privacy policy
Grain Apart is committed to protecting the privacy of certain data that is collected from you and that you submit when you access this web site or web sites under our operation and control (collectively, the “Site”). We recognize the sensitive nature of much of the information with which we are entrusted on a daily basis, and we are committed to high standards of privacy. We respect your privacy and providing you proper protection and management of any Personally Identifiable Information you choose to share with us. Personally Identifiable Information consists of any information by which you can be personally identified or contacted, such as your first and last name, home or other physical address (including street name and name of a city or town), telephone number or e-mail address.

The following outline is intended to familiarize you with our policies for the gathering, use, maintenance and protection of private information. The examples given are intended to be for illustrative purposes only, and therefore, should not be considered a complete representation of our practices.

Your privacy is important to us. Grain Apart will not sell, share, or rent your Personally Identifiable Information to third parties in ways different from what is disclosed in this statement.

Please review this policy carefully. Grain Apart reserves the right to change its privacy policy at any time, in which event the Site will contain a notice of the change. Changes will be effective immediately upon posting to the Site. By accessing the Site, you are indicating your agreement to Grain Apart’s privacy policy. If you have any questions or concerns about any of our practices, please contact us at info@grain-apart.com.

COLLECTING YOUR INFORMATION

Grain Apart collects information from you at several different points on the Site in order to carry out business functions, provide the highest quality of service to you, facilitate the delivery of services or the fulfillment of an order. Most of the information we collect comes directly from you.

Grain Apart may compile statistical information concerning the usage of the Site. This information allows Grain Apart to monitor its utilization and continuously improve its quality. Examples of this information would include, but not be limited to, the number of visitors to the Site, or to sections or pages within the Site, patterns of traffic flowing through the Site, length of time spent on the Site, or in sections or pages of the Site, the other sites that refer visitors to the Site, the pages of the Site that visitors frequently use as entry and exit points, utilization of the browser and operating systems and versions used by visitors to the Site, etc.

In order to compile this information, Grain Apart may collect and store your IP address, your operating system version, your browser version, the pages you visit within the Site, the length of time you spend on pages within the Site, the site from which you linked to ours, search terms you used in search engines which resulted in you linking to the Site, etc. While all of this information can be associated with the IP address your computer had while you visited the Site, it will not be associated with you as an individual, or associated with any other information you may submit through the Site, or that Grain Apart may store about you for any other purposes.

There will be times, such as when placing an order, subscribing to a service, registering on the site, registering to receive catalogs, participating in promotions, surveys and contests, at which we may request personal information such as your name, billing/shipping address, telephone number, e-mail address, credit card information, etc. It is solely your choice whether or not you provide this information. However, should you choose not to provide the information, we may be unable to process an order, fulfill a service, or display certain content on our Web site.

The Site is not directed to children. Grain Apart does not knowingly collect any personal information from children. If you are concerned about your child’s use of the Site, you may use web-filtering technology to supervise or limit access to the Site.

Grain Apart has arranged with PowerReviews, Inc. (d/b/a Buzzillions) (“PowerReviews”) to facilitate the collection of customer product reviews on products sold by Grain Apart. When you submit a product review to Grain Apart, you are also subject to PowerReviews terms of use and privacy policies (see http://www.buzzillions.com/public/legal/index_en_US.html). Accordingly, you should review those policies prior to submitting a review. Also, reviews you submit may be posted on both www.Buzzillions.com and our site.

We may use third-party service providers to serve ads and/or collect certain anonymous information when you visit our Web site. These companies may use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, but not your name, address, email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services likely to be of interest to you. This information is collected through the use of pixel tags or cookies. If you would like more information about this practice and to know your choices about not having this information used by these companies, you can visit http:/www.networkadvertising.org/.

USING YOUR INFORMATION

In the course of our normal business activities, we may disclose collected information to both affiliates and non-affiliated entities, as we deem necessary and as described in this Privacy Statement. Additionally, we use the Personally Identifiable Information you provide for internal business purposes such as: analyzing trends and statistics

member services including Web page personalization order
history and status
one-click ordering order confirmation and tracking
subscription services
informing you of new products, services, offers and information about Grain Apart.
We will share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.

We may use outside purveyors to ship orders directly, and a credit card processing company to bill you for goods and services. In connection with these services, it is necessary to share certain Personally Identifiable Information with such providers. We have informed these companies that they are not to retain, share, store or use Personally Identifiable Information for any secondary purposes.

We may also share personally identifiable information with unaffiliated third parties if (1) you request or authorize it, (2) the information is provided to help complete a transaction for you as described above, (3) the information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce our terms of use or other agreements, or to protect our rights, property or safety, or the rights, property or safety of our users or others, (4) the disclosure is done as part of a purchase, transfer or sale of the company or any of its services or assets (e.g., in the event that we sell assets to another party, customer information may be one of the transferred assets), or (5) the information is provided to such third parties as otherwise described in this privacy policy. We endeavor to choose non-affiliates with similar standards to ours regarding the protection of private information.

At times, we partner with third parties to provide specific services, such as the mailing of our newsletters. When you sign up for these services, we will share names, or other contact information that is necessary for the third party to provide these services. We have informed these parties that they are not allowed to use Personally Identifiable Information except for the purpose of providing these services.

We occasionally make our list of customer names and street addresses available to carefully screened companies and organizations whose product and activities might be of interest to you. To be removed from the list of persons whose information is shared with third parties, please send an e-mail to info@grain-apart.com or call 813-613-9325. You may also write to:

Grain Apart
Customer Service Department
17633
Gunn Highway #369
Odessa FL 33556
813-613-9325

We also may share your Personally Identifiable Information and non-personal information, including your name, address, email address and any transactions you conduct on our website or offline with us with a third party advertising partner and its service providers in order to deliver tailored advertising to you that match your interests when you visit our website as well as other websites. Our advertising partner will make the data that we provide anonymous so that no one else will receive your Personally Identifiable Information.

UPDATING YOUR INFORMATION

At any time you may review, update, correct, or change the Personally Identifiable Information you have provided to us. You may also choose to no longer receive any communication from Grain Apart, however you may continue to receive communications from those companies we shared your information with prior to your notification to us. You may use our Web site, through the My Account pages, to change your information. Alternatively, you can e-mail us at info@grain-apart.com, or call us 8813-613-9325.
You may also write to us at:

Grain Apart
Customer Service Department
17633
Gunn Highway #369
Odessa FL 33556
813-613-9325

DO NOT TRACK

“Do Not Track” is a privacy preference that you can set in your Internet search browser that sends a signal to a website that you do not want the website operator to track certain browsing information about you. However, because our Site is not configured to detect Do Not Track signals from a user’s computer, we are unable to respond to Do Not Track requests.

WEB COOKIES

A cookie is a piece of data stored on the user`s hard drive containing information about the user.

Grain Apart may use web site “cookies” in the process of compiling the statistical information mentioned above and to tailor certain pages of the Site for your browsing convenience. Additionally, we use cookies to identify one user from another and to track marketing promotions and apply promotional discounts. The cookies contain no Personally Identifiable Information. As our shopping cart functionality requires the use of cookies to function, you will not be able to make purchases on our site if you have disabled cookies in your browser. Once you close your browser, the cookie expires. You have the option of setting your browser to reject cookies, but our Site may not function correctly if you do. Refer to the Help feature of your browser for information on disabling cookies.

LINKS

This Web site contains links to other sites (“Linked Sites”). The Linked Sites are not under the control of Grain Apart and Grain Apart is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. As such, Grain Apart is not responsible for the privacy practices of such other sites. Further, Grain Apart is not responsible for webcasting or any other form of transmission received from any Linked Site. Grain Apart is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Grain Apart of the site or any association with its operators. We encourage you to be aware when you leave our site and to read the privacy statements of each and every Web site that collects Personally Identifiable Information. This privacy statement applies solely to information collected by this Web site.

MEMBER SERVICES

In order to set up an account with Grain Apart, you must first complete the registration form. During registration, you are required to give your contact information (such as name and e-mail address). This information may be used to contact you about the services on our site for which you have expressed interest, such as Web page personalization, order history and status.

CATALOG MAILING LIST

If you wish to subscribe to our catalog mailing list, we ask for contact information such as name and street address. We occasionally make our list of customer names and street addresses available to carefully screened companies and organizations whose product and activities might be of interest to you.To be removed from the list of persons whose information is shared with third parties, please send an e-mail to optout@grain-apart.com or call 813-613-9325. You may also write to:

Grain Apart
Customer Service Department
17633
Gunn Highway #369
Odessa FL 33556
813-613-9325

You may continue to receive communications from those companies we shared your information with prior to your notification to us. Please note that because some mailings are prepared far in advance, allow up to 90 days for your request to be effective. We also honor all opt-out requests from DMAChoice.org.

EMAIL LIST

If you wish to receive e-mail notifications from us about products, services and promotions, we ask for contact information such as name and e-mail address. To be removed from our e-mail list, please click “Unsubscribe” in your email message or send an e-mail to optout@grain-apart.com or call 813-613-9325. You may also write to:

Grain Apart
Customer Service Department
17633
Gunn Highway #369
Odessa FL 33556
813-613-9325

From time-to-time our site requests information from you via surveys. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

We send all new members a welcoming e-mail to verify password and username. Established members will occasionally receive information on products, services, special offers, and a newsletter. Out of respect for your privacy, we present the option to not receive these types of communications in every e-mail. You may also email info@grain-apart.com or call 813-613-9325 at any time.

SECURITY/SAFEGUARDING INFORMATION

Grain Apart and the Site take precautions and steps to safeguard and protect the personal information obtained through the Site. However, no system for safeguarding personal or other information is 100% secure. For example, when our registration/order form asks you to enter sensitive information (such as credit card number), that information is encrypted and is protected with the customary encryption software used in the ecommerce industry – SSL. Additionally, our employees are trained to understand the importance of confidentiality and are required to adhere to our privacy policies and procedures. Employees who violate these policies and procedures are subject to disciplinary action. We employ numerous practices to protect against the disclosure of information for purposes unrelated to the performance of our business functions or to individuals other than those who must use it in the course of their work activities. These practices include the use of password protection of computer files, e-mail and voice-mail, and other physical, electronic, and procedural safeguards.

GOVERNING LAW/LEGAL NOTICES

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflict of law rules. For additional information concerning legal claims associated with this Privacy Statement and/or your use of the Site, please see our Terms of Use.