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Disclaimer
Table of Contents
1. Use of Content
2. Privacy Policy
2.1 Children's Guidelines
2.2 Choice/Opt-out
2.3 Contact Use
2.4 Cookies
2.5 Links
2.6 Order Forms
2.7 Security
2.8 Business
Relationships
Advertising
Standards
3.1 Advertising Claims
3.2 Definitions
3.3 More Information
3.4 Product Safety and
Quality
4.Content Submittal
Policy
5.Etiquette
6.Indemnification
7.Limitation of
Liability of Farmhaus
8.Dispute Resolution
9.Governing
Law/Jurisdiction
10.Complete
Agreement
Terms and Conditions of Use
You are advised to read the following Terms and Conditions of Use. These
Terms and Conditions have been developed for your protection and the
protection of Farmhaus, the site service provider. Your use of the site
constitutes your agreement to the following terms and conditions. The
following terms of use apply to all site users. All terms and conditions of
use are subject to change at the discretion of Farmhaus Inc.
1. Use of Content
Farmhaus authorizes you to personally view the material contained on the
Farmhaus site and to download a single copy of such material for your
personal, non-commercial use, provided that any downloaded copy includes the
copyright notice, "Copyright 2001, Farmhaus. All
rights reserved." and with any other copyright or
proprietary rights notices that appear in the material copied.
The materials contained on the Farmhaus site are protected by the copyright
laws of the United States and other countries. Ownership of the content
belongs to Farmhaus, or its retail store customers, and to content providers
to this site. Any use of the content not expressly permitted by these Terms
and Conditions of Use is a breach of these Terms and Conditions of Use and
may be a violation of copyright, trademark and other laws. All rights not
expressly granted in these Terms and Conditions of Use are specifically reserved
to Farmhaus.
If you violate these Terms and Conditions of Use, your authorization to use
the Farmhaus site are automatically revoked and you must destroy any copies
of the content that you have made.
2. Privacy Policy
Farmhaus respect and values your privacy. We will collect personal
information from you, with your permission, your name, your e-mail address,
and your mailing address will be provided to authorized employees. We will
also collect, as you submit it
online, information regarding various projects which you would like to
have us perform for you. We will
keep all such information strictly confidential. No information collected during your use of this site will be
shared without your permission with anyone other than a) registered Farmhaus
employees, b) select vendor personnel with whom Farmhaus has confidentiality
agreements and c) upon demand by authorized government officials.
Farmhaus will not, without permission, sell, disclose or provide
ANY information, including your name, address, e-mail address or other
personal information to any third party
Personal and project information collected from you is submitted with your
knowledge and consent. Farmhaus will only use that information to provide
better service to you.
Farmhaus has created this privacy statementin order to demonstrate our firm
commitment to your privacy. The following discloses the information gathering
and dissemination practices for this Web site.
2.1 Children's Guidelines
This site does not solicit use by, or target as a user group, children under
the age of 13 years. We do not collect information from any person we
actually know is under the age of 13, that would make that child personally
identifiable.
This site does not knowingly sell any products or services to children under
the age of 18 years, nor does it specifically target any information towards
children. We advise that if a parent feels that anything about this site is inappropriate
for their child, they monitor the child's use of this site as they would all
other Internet usage. Farmhaus always welcome your input and comments. Please
feel free to contact us. (See the Contact Us section below for details).
2.2 Choice/Opt-out
This site provides you the opportunity upon registration to opt-out to
receive communications from Farmhaus or its content providers, its customers
and advertisers.
This site also gives you the following methods to discontinue receiving
future communications. You may also utilize any of these options to indicate
that you no longer wish to receive contact from Farmhaus.
1. E-mail gohara@farmhaus.com
2. Send mail to the following postal address:
Farmhaus
137 Channing Avenue
Malvern, PA 19355
3. Telephone: 941-587-4300
2.3 Contact Us
If you have any questions about this privacy statement or your dealings with
this Web site, you can contact Farmhaus.
To change or modify information you previously provided you can e-mail us
(see step 1 below).
1. E-mail gohara@farmhaus.com
2. Send mail to the following postal address:
Farmhaus
137 Channing Avenue
Malvern, PA 19355
3. Telephone us at 941-587-4300
2.4 Cookies
Cookies are small bits of electronic information that allow a Web site to
keep records of your site visits and personalize or customize the Web
experience for you. This site does not use "cookies" to report on
or track you when you leave this site.
We do use cookies to help diagnose problems with our server, to administer
our Web site, to help identify visitors and to gather broad demographic
information. We also use cookies to deliver content specific to your
interests and to save passwords so you do not have to re-enter them each time
you visit this site.
Our site registration form asks you
to provide contact information (like your name and e-mail address). Farmhaus
uses the contact information from the registration form to send you
information about our company.
Your billing information is used by Farmhaus or other business
partners to bill you for products and services they sell. It is privileged
and confidential and will not be given to a third party except as required by
law.
2.5 Links
For your safety and protection as well as confidentiality, we do not provide
external links to other Internet sites, except in limited circumstances where
it is necessary to support the functionality of our site. We have adopted
this policy and practice because we cannot control the privacy practices and
policies of other sites and we want to protect your security and privacy
during your visit to us.
2.6 Project Start/ Stop Forms
This site uses an order form for you to request information, products, and
services. On this form, we collect your contact information (like your e-mail
address). Contact information from the order form is used complete your projects,
and may be used to send you information about our company.
All projects will not be started without a approved quotation
from you except when you authorize via e-mail or letter that we may
proceed. If you do so you will be
libel for up to $1,000 of charges billed at our normal hourly rates.
When you submit an e-mail to stop a project you must also call
us at 941-587-4300 to confirm the project stop. Projects stopped will be billed “in progress” inclusive of all
charges incurred up to and including those incurred up to ONE BUSINESS DAY
FOLLOWING THE STOP ORDER. We will
make every effort to stop projects immediately however holidays, weekends and
separate time zones may make it impossible to stop work immediately upon your
e-mail.
2.7 Security
We work to protect the security of your information during transmission by
using Secure Sockets Layer (SSL) software, which encrypts information you
input. Farmhaus employees who handle customer data do not have access to your
billing details as this information is encrypted after you hit the continue
link at the bottom of the payment details section. In order to start
projects, we collect your name and address information so that we can fulfill
your order, and contact information (e-mail and telephone) in case we need to
contact you regarding your order.
You may pay by credit card.
All major credit card companies protect cardholders against fraud,
subject to a $50 deductible. Farmhaus.com will protect you for this $50
portion in the highly unlikely situation that you ever encounter an
inappropriate charge involving our company. We reveal only the first four and
last four digits of your credit card number when confirming an order. Of
course, we transmit the entire encrypted credit card number to the
appropriate credit card company during order processing. To complete credit
card transactions, Farmhaus.com provides the following member information
(name, billing address, credit card number, expiration date, and transaction
amount) to CyberSource (the credit card processing company we use) using
secure communications provided by Verisign. LivingNaturally.com shares
shipping information with intermediary shipping companies including but not
limited to USPS, Federal Express and United Parcel Service.
2.8 Business Relationships
The following is a description of our business relationships.
Farmhaus has entered into a business relationship with various trusted sub
contractors who may provide services for your account. By submitting your projects you authorize
us to share project information as needed with these contractors for the
purposes of project estimates and, upon approval by an authorized
representative of your firm, completion of your project.
Farmhaus has entered into a business relationship with
LivingNaturally.com, a division of Green Acre, LLC and Kansas-based holding company. Living Naturally provides our firm with certain e-business
functionality and consults with Farmhaus on business-to-business as well as
retailer-to-consumer matters.
Farmhaus provides news content
through various established news sources which may at any time include UPI,
AP, The New York Times Syndicate, Knight-Ridder/Tribune, Industry publications
and numerous other established news sources. Farmhaus utilizes these sources
but is not responsible for their accuracy or their editorial views.
Farmhaus may sell, publish or share aggregated member information with our
business associates or other third party organizations on occasion. No
individual member information will be sold or given to a third party by
Farmhaus without your prior, expressed, written permission.
3. Advertising Standards
Farmhaus shares the values of positive business dealings including individual
respect, cooperation, harmony, environmental awareness, and support of
cooperative ventures. All advertising submitted to Farmhaus must conform to
ethical standards regarding, but not limited to the following:
- Absolutely no material is
permitted that is offensive in any way regarding race, religion, culture
or gender.
- Absolutely no sexually
explicit material or material involving human or animal cruelty is
allowed.
We are committed to maintaining the highest standards for
advertising, however, we are not responsible for our advertisers, their
products or services.
3.1 Advertising Claims
All advertiser claims regarding ingredients, potency, formulation and product
testing must be verifiable. The advertiser must be able to substantiate and
authenticate these claims to Farmhaus and to site users upon request.
All advertiser claims regarding how products are grown, tested or
manufactured must be in accordance with principles and standards established
by the appropriate governmental and regulatory agencies and organizations.
Farmhaus makes no warranty or guarantee for the accuracy of labeling,
content, or quality of any products or services advertised on this site.
.
3.2 More Information
For further questions or information on advertising standards please e-mail
us at
gohara@livingnaturally.com
3.4 Product Safety and Quality Products for which advertising is
accepted must be safe when used according to instructions. If product(s) are
not intended for use by children, the advertising should not encourage or
imply child-usage.
Farmhaus has no means of independently evaluating the safety or functionality
of the products offered by its suppliers and affiliates and thus can neither
endorse nor recommend products. Farmhaus makes every effort to receive a
certification from its suppliers that (i) the product complies with all
local, state, and federal regulatory requirements; (ii) every claim made on
behalf of the product is adequately substantiated and information is readily
available regarding such claims, and (iii) all adverse safety information is
disclosed on product labeling.
Farmhaus require that all of our advertisers can substantiate their claims of
safety, wholeness, goodness and purity of product. However, we do not
guarantee, warranty those claims or any product or service advertised or
discussed on our site.
4. Content Submittal Policy
Farmhaus reserves sole discretion to accept, edit or reject any and all
materials submitted to us. Farmhaus will not be responsible for the return of
these items. Farmhaus will not be liable for any payment for any submissions
without prior written agreement.
You agree that you will not upload or transmit to the Farmhaus site, its
content providers, business associates, advertisers or users, any material
that infringes or violates the rights of any party. If you submit any content
or communication to the Farmhaus site, you are agreeing that such content or
communication is not confidential for any purpose. By making any submission
to this site you are representing and warranting that you are the owner of
the rights to the material submitted, and you are granting to Farmhaus a
permanent, royalty-free, irrevocable, world-wide, nonexclusive license to
use, reproduce, create derivative works from, modify, publish, edit,
translate, distribute, perform and display the content of the submission in
any media, in any form or format, now available or developed in the future.
If you are not the owner of the rights to the material submitted, you are
representing and warranting that the person who owns such rights has granted
the above-referenced rights to Farmhaus.
Farmhaus may sublicense the rights obtained from you to others without
limitation.
5. Etiquette
You agree, by your use of this site, to adhere to our standards of proper
Net-etiquette. This includes, but is not limited to the standards listed
below. Farmhaus prohibits the following action in our public areas and
reserves the right to remove any postings that violate them.
- DO NOT use any explicit, vulgar, or
obscene language.
- DO NOT use any racially,
ethnically, or socially offensive language.
- DO NOT encourage, incite, or plot
any illegal activity.
- DO NOT verbally attack, harass, or
otherwise annoy any other members.
- DO NOT post or request personal
information from anyone under 18.
- DO NOT misrepresent yourself as
part of the Farmhaus staff, or another organization to which you ARE NOT
A MEMBER.>
- DO NOT post or link to sexually
explicit or otherwise offensive material when participating in forums
and chats and please stay on the topic.
- IF YOU post messages on a public
site area, you may be identifying yourself, and your personal
information may be available to others without your permission.
6. Indemnification
You agree to indemnify and hold Farmhaus, its officers, principals,
employees, agents, consultants and information providers harmless from and
against all claims, actions, demands, losses, expenses, damages and costs,
including but not limited to reasonable attorney's fees and accounting fees
resulting from, or alleged to have resulted from, your violation of these
Terms and Conditions of Use.
7. Limitation of Liability of Farmhaus
Farmhaus is provided on an "AS IS" and "AS AVAILABLE"
basis. Your use of the Farmhaus site and content is at your own risk.
Farmhaus does not guarantee that the functions of this site will be
error-free or uninterrupted, or that this site and server will be absolutely
virus-free. Your use of this site involves transmission of data over
facilities which are not within the control of Farmhaus, its content
providers and advertisers. Therefore, Farmhaus assumes no liability for
delay, corruption of data, interruption of service, or interception of data
transmissions outside of its direct control.
FARMHAUS, ITS CONTENT PROVIDERS, BUSINESS ASSOCIATES AND ADVERTISERS, TO
THE FULLEST EXTENT ALLOWABLE BY THE LAW, DISCLAIM ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
THIRD PARTIES' RIGHTS.
Farmhaus makes no representations or warranties as to: (1) the accuracy,
completeness, reliability, currentness or timeliness of the content, textual
material, graphics, links, or data transmission capabilities provided by the
Farmhaus site; (2) compliance with or satisfaction of any governmental
regulations requiring disclosure of information concerning products or
services offered by content providers or advertisers on the Farmhaus site.
In no case shall Farmhaus, its content providers, business associates,
advertisers or any third parties referred to on the Farmhaus site be liable
for any damages, including without limitation, incidental and consequential
damages, personal injury or death, lost profits or damages from data loss or
business interruption, resulting from the use or inability to use the
Farmhaus site or its content, whether based on contract, tort or any other
legal theory, and whether or not Farmhaus is given notice of the possibility
of such damages. Farmhaus shall only be liable for actual damages suffered by
you, and only to the maximum amount of $100 (U.S. currency). Farmhaus assumes
no liability for your use or misuse of the site, the content, the public
areas of the site, including, without limitation, liability for personal
injury or death. Any claim brought in relation to your use of the site, the
content or the public areas of the site must be brought within one (1) year
of the event from which the claim arises. The remedies set forth in these
Terms and Conditions of Use are exclusive and limited to those expressly set
forth.
Although the editors and content providers of this site have consulted
sources believed to be reliable and accurate in assembling the content of
this site, information provided may not be error-free. Listings of suppliers,
professional associations, organizations, news, events and other material are
intended to be comprehensive but not necessarily all-inclusive of
information.
8. Dispute Resolution
If a dispute arises out of or relates to these Terms of Use, or the breach
thereof, and if the dispute cannot be settled through negotiation, the
parties agree first to try in good faith to settle the dispute by mediation
administered by the American Arbitration Association under its Commercial
Mediation Rules before resorting to arbitration, litigation, or some other
dispute resolution procedure.
Unless arbitration is expressly prohibited by applicable statute, or limited
as set forth below, any controversy or claim arising out of or relating to
these Terms of Use, or the breach thereof, shall be settled by arbitration
administered by the American Arbitration Association in accordance with its
Commercial Arbitration Rules, including the Emergency Interim Relief
Procedures, by an arbitrator or arbitrators selected in accordance with such
rules, as the exclusive remedy in any such dispute. Judgment on the award
rendered by the arbitrator(s) may be entered in any court having jurisdiction
thereof. Arbitration shall occur in Paoli, Pennsylvania, and shall be
governed by both the procedural and substantive law of the state of
Pennsylvania, without giving effect to the principle of conflict of laws,
unless specifically preempted by the United States Arbitration Act. Each
party to the arbitration shall bear its own costs and attorneys' fees, with
the costs of the arbitration being divided equally among the parties.
Notwithstanding the arbitration provision above, Farmhaus may avail itself of
the full range of remedies available to it in connection with any violation
of its intellectual property rights, including, but not limited to, temporary
and permanent injunctive relief, and actions for damages in either state or
federal courts, as applicable. If such judicial proceedings are instituted,
the parties agree that such proceedings will not be stayed or delayed pending
the outcome of any arbitration proceeding under this Agreement. In such
judicial proceedings, the prevailing party shall be entitled to an award of
attorneys' fees and litigation costs, including those at the trial court and
all appellate court levels, against the losing party.
9. Governing Law/Jurisdiction
The service provider, Farmhaus.com is owned by Farmhaus Inc. , with offices
located at 137 Channing Avenue in Malvern, PA. The phone number is
941-587-4300. By use of this site, you agree that exclusive venue for
resolution of any disputes between you and Farmhaus shall be in Chester
County, Pennsylvania, or in the United States District Court for the Mid-
Atlantic District of Pennsylvania, Philadelphia Division. Your use of this
site and all relations between you and Farmhaus shall be governed by the laws
of the State of Pennsylvania except where specifically preempted by federal
law.
10. Complete Agreement
Except as expressly set forth within any separate notice contained in the
Farmhaus site or any other written agreement between you and Farmhaus, these
Terms and Conditions of Use constitute the entire agreement between you and
Farmhaus regarding the use of the Farmhaus site and content. These Terms and
Conditions of Use may be modified by Farmhaus at any time, with or without
advance notice. By your continued use of the Farmhaus site, you agree to
monitor these Terms and Conditions of Use for any changes, and that such
changes will be binding upon you. None of these Terms and Conditions of Use
may be waived except in a written instrument signed by an officer of
Farmhaus. No waiver, whether express or found to exist as a matter of law,
shall be deemed a further or continuing waiver of such term or condition or
of any other term or condition.
If any term or condition set forth herein is found to be invalid by a court
of competent jurisdiction, the remainder of the terms and conditions shall
remain in full force and effect.
Revised October, 2001.
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