Effective Date: 7/17/2015
Last Modified: 7/17/2015
- GENERAL USE OF THE WEBSITE.
The Website is available to users in the general public without registering and you may visit and browse the Website without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit, or restrict any portion of the Website at any time and from time to time, without notice to you. Further, we reserve the right to withdraw or amend any service or material we provide on the Website, in our sole discretion without notice. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE IF FOR ANY REASON IF ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE OR INTERRUPTED AT ANY TIME OR FOR ANY PERIOD.
If you choose or are provided with a user name, password, or any other piece of information as part of a security procedure on the Website, you will treat such information as confidential, and you will not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
- OWNERSHIP AND PROPRIETARY RIGHTS.
Copyright © 2015 Chuck Hafner’s Farmers Market & Garden Center, Inc. – All Rights Reserved.
The Website and its entire contents, features and functionality (including but not limited to all information, documentation, software, text, displays, photographs, functional aspects, images, video and audio, and the design, selection, arrangement and organization thereof) (collectively referred to as “Content”), are owned by Chuck Hafner’s, its licensors or other providers of such material and are legally protected, without limitation, under United States federal and state, as well as international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, regulations and treaties.
Chuck Hafner’s authorizes you to access Content and grants you the non-exclusive, non-assignable, non-transferable revocable right to use the Website solely for your non-commercial and limited personal use, and to create links to the Website and reference the Website URL for commercial and non-commercial purposes. Any copying, redistribution, use or publication by you of any such Content or any part of the Website is prohibited, except as expressly provided by this agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Website. All rights not expressly granted herein are reserved. Among other things, you must not alter, delete, or conceal any copyright, trademark or other notices contained on the Website, including notices on any Content you display, print or reproduce from the Website. You agree not to use the Website or any Content in violation of any law or regulation, to engage in any acts that may interfere with the proper working of the Website, to gain unauthorized access to Chuck Hafner’s computer systems, or to remove, circumvent, damage, disable, or otherwise compromise any security feature(s) related to the Website or the Contents.
The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively “Marks”) on or of the Website are the intellectual property of and proprietary to Chuck Hafner’s, its advertisers, suppliers, and others with whom Chuck Hafner’s may do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of Chuck Hafner’s.
- ACCURACY OF INFORMATION
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Chuck Hafner’s, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Chuck Hafner’s. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
- HYPERLINKS TO THIRD PARTY WEBSITES.
- DISCLAIMER AND LIMITATIONS OF LIABILITY.
THE WEBSITE AND ALL RELATED MATERIALS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NONINFRINGEMENT, OR ANY GUARANTY OR ASSURANCE THE WEBSITE WILL BE AVAILABLE AND/OR UNINTERRUPTED FOR USE, THAT ALL PRODUCTS, SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED, OR THAT ANY TRANSMISSIONS TO AND FROM THE WEBSITE WILL BE SECURE. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE WEBSITE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE WEBSITE, CHUCK HAFNER’S, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF, ACCESS TO, INABILITY TO USE THE WEBSITE, SERVICES, PRODUCTS, FUNCTIONALITY, OR OTHER CONTENT OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE (INCLUDING LOST REVENUES OR LOST PROFITS), OR OTHER DAMAGES UNDER ANY LEGAL THEORY.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. CHUCK HAFNER’S, OR ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- INTERNATIONAL USE.
Although the Website may be accessible worldwide, we make no representation that any aspect or functionality thereof or materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with all local laws and regulations. Any offer for any product, service, and/or information made in connection with the Website is void where prohibited.
You agree to indemnify, defend, and hold Chuck Hafner’s and any of their affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and service providers, harmless from any liability, loss, claim, and expense, including reasonable attorneys’ fees, related to your violation of this agreement or use of the Website.
- USE OF INFORMATION
- MISCELLANEOUS TERMS.
The failure of Chuck Hafner’s to exercise or enforce any right or provision of this agreement shall not operate as a waiver of such right or provision. Any waiver of this agreement by Chuck Hafner’s must be in writing and signed by an authorized representative of Chuck Hafner’s.
Nothing contained in this agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
If any provision of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions herein and this agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this agreement; provided, however, no action arising out of this agreement or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
This agreement and your use of the Website shall be governed by, construed and enforced in accordance with the substantive laws of the State of New York applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the applicable State and Federal Courts situated in the State of New York and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding