TERMS OF USE AND SERVICE
Welcome to harvestseedandsupply.com, operated by Harvest Seed & Supply® (Harvest). Any references herein to Harvest shall be deemed to refer to harvestseedandsupply.com and/or Harvest Seed & Supply®, as applicable under the circumstances. Harvest supports freedom of speech, both on and off the Internet. However, the goal of this Web site is to provide access to the widest selection of merchandise to the largest group of people possible. To ensure a safe, inoffensive environment for all of our users, we have established our Terms of Use and Service. It spells out what you can expect from us and what we expect from you. By accessing any areas of this site, users (User or Users) agree to be legally bound and to abide by the terms set forth below.
I. TRADEMARKS
Harvest Seed & Supply® is a service mark of Global Harvest Foods, Ltd. or its affiliates. All rights are reserved. These and other graphics, logos, service marks and trademarks of Global Harvest and its affiliates may not be used without prior written consent of Global Harvest or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on harvestseedandsupply.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of harvestseedandsupply.com is at User’s sole risk. Neither Harvest nor its affiliates nor any of their officers, directors, managers, members, employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that harvestseedandsupply.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of harvestseedandsupply.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through harvestseedandsupply.com. This site is provided by Harvest on an “as is” and “as available” basis. Harvest makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Harvest disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Harvest will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive and consequential damages. No oral advice or written information given by Harvest or the Providers shall create a warranty; nor shall User rely on any such information or advice. Under no circumstance shall Harvest or any other party involved in creating, producing, or distributing harvestseedandsupply.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use harvestseedandsupply.com, including but not limited to reliance by User on any information obtained from harvestseedandsupply.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Harvest’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through harvestseedandsupply.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that harvestseedandsupply.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Harvest owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. THIRD-PARTY CONTENT
Harvest is a distributor and not a publisher of Content supplied by third parties and Users. Harvest has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Harvest, are those of the respective authors or distributors and not of Harvest or its affiliates or any of their officers, directors, managers, members, employees or agents. Neither Harvest nor its affiliates, nor any of their officers, directors, managers, members, employees or agents, nor any third party, including any Provider, or any other User of harvestseedandsupply.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through harvestseedandsupply.com represents the opinions and judgments of the respective Provider or User not under contract with Harvest. Harvest neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on harvestseedandsupply.com by anyone other than authorized Harvest employees. Under no circumstances shall Harvest, or its affiliates, or any of their officers, directors, managers, members, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through harvestseedandsupply.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through harvestseedandsupply.com.
C. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Harvest to either a foreign national or a foreign destination in violation of such laws.
IV. PRIVACY POLICY
In accordance with the terms of Harvest’s Privacy Policy, Harvest respects the privacy of its Users.
V. TERMINATION OF USAGE
Harvest may terminate User’s access, or suspend User’s access to all or part of harvestseedandsupply.com, without notice, for any conduct that Harvest, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a Provider, a service provider, or Harvest.
VI. APPLICABLE LAW
This site is created and controlled by Harvest in the State of Washington. As such, the laws of the State of Washington will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Harvest reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Washington, and of the United States of America located in the State of Washington for any litigation arising out of or relating to use of or purchase made through harvestseedandsupply.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Washington, and agrees not to plead or claim in any court of the State of Washington that such litigation brought therein has been brought in an inconvenient forum.
VII. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
VIII. ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and Harvest regarding your relationship with Harvest and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the Harvest Seed & Supply® Web site. The aforementioned Terms of Use and Service are subject to change at any time without notice to you.