Terms and Conditions
This Web Site's Terms of Service
WELCOME! MILL CREEK NATURAL FOODS, INC. PROVIDES INFORMATION ON THE WEB SITE SUBJECT TO YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (THE "AGREEMENT"). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
As the web is an evolving medium, the terms of this Agreement may change from time to time. Please periodically review and become familiar with these terms. Your continued use of the Web site after the posting of changes to these terms will signify your acceptance of these changes. Mill Creek Natural Foods, Inc. may immediately terminate any individual's use of the Web site and/or such user's password(s) or account(s) in the event user violates the terms of this Agreement or engages in conduct that Mill Creek Natural Foods, Inc., in its sole discretion, considers to be unacceptable. Such removal or termination may occur without notice to the user.
Copyright 2007 Mill Creek Natural Foods, Inc., except as to content supplied by other entities which is Copyright 2007 or earlier. All Rights Reserved.
Although the Web site is freely accessible, Mill Creek Natural Foods, Inc. does not intend to give up our respective rights, or anyone else's rights, to the materials appearing on the Web site. Unless otherwise noted, Mill Creek Natural Foods, Inc. owns all materials, including images, illustrations, designs, icons, photographs, audio/video clips, and written and other materials that are part of the Web site. To encourage a free and continuous flow of information, you are permitted (which may be revoked at any time) to download the material in the Web site for private, non-commercial use only, without alterations, so long as the copyright notice, appearing on the material downloaded, "Copyright 2007 Mill Creek Natural Foods, Inc.. All Rights Reserved" is included. By downloading material from the Web site, you agree that you do not acquire any ownership rights.
If you consider any material appearing on the Web site to be infringing and would like to report it, please send an e-mail to firstname.lastname@example.org.
The "Mill Creek Natural Foods, Inc." logo is a trademark and service mark of Mill Creek Natural Foods, Inc. All other trademarks, service marks and logos used in the Web site are the trademarks, service marks or logos of their respective owners. You may not use any trademark or service mark appearing on the Web site without the prior written consent of the owner of the mark.
CODE OF CONDUCT
You agree not to engage in any of the following conduct. Such conduct is unacceptable and may result in termination of your use of the Web site:
· Restricting or inhibiting any other user from using and enjoying the Web site and services;
· Posting or transmitting any unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind;
· Without Mill Creek Natural Foods, Inc.'s prior written approval, posting or transmitting any advertisement, promotion or solicitation of goods or services for commercial or non-commercial purposes;
· Posting or transmitting any information or software that contains a virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;
· Posting or transmitting materials in violation of another party's copyright or intellectual property rights;
· Using the Web site for any commercial, unlawful or immoral purposes including, but not limited to, engaging in or encouraging gambling, the consumption of alcoholic beverages, tobacco use (in all its forms), pornography; or
· Modifying, adapting, sublicensing, translating, selling, reverse engineering, decompiling or disassembling any portion of the Web site.
You agree to indemnify, defend and hold Mill Creek Natural Foods, Inc., and its sponsors, harmless from and against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct above, and/or (c) your activities in connection with the Web site or site-related services.
By using the Web site you are indicating that you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, please do not enter the Web site. If you are not yet 18 years old, a parent or guardian may
agree to be bound by the terms of this Agreement on your behalf.
You may submit any text, images, data, or other materials ("Content") to the Web site. In so doing, you acknowledge and agree that you grant to Mill Creek Natural Foods, Inc. a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to:
· Link to, use, reproduce, transmit, modify, adapt, publish, display, perform, distribute, and translate such Content.
· Sublicense such Content (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material.
Further, by submitting Content to the Web site, you acknowledge that you have the authority to grant such rights to Mill Creek Natural Foods, Inc. , and acknowledge that the burden of determining whether any Content posted or transmitted to the Web site by you is protected by copyright rests solely with you. Each of Mill Creek Natural Foods, Inc.'s, and its subsidiaries and third party content providers and licensors have the right to assert and enforce these provisions relating to the submission of Content directly or on its own behalf.
USE OF SECURE AREA AND PASSWORD
You are given access to any password-protected area of the Web site when you are given permission and a password to enter such area. You may not distribute your password to others, but if you wish to authorize another individual to use
your password, you must request permission from Mill Creek Natural Foods, Inc. in writing, with the understanding that Mill Creek Natural Foods, Inc. is under no obligation to approve any such request. You are responsible for all uses of your password and any and all damages to Mill Creek Natural Foods, Inc. resulting from the distribution of your password, whether or not authorized by you.
You acknowledge and agree that Mill Creek Natural Foods, Inc. has the right, but not the responsibility, to monitor the Web site and site-related services, including without limitation chat rooms and forums, and to disclose any information to any third party in order to operate the Web site properly, to protect itself, its sponsors and it's customers, and to comply with legal obligations or governmental requests, or to respond to any circumstance that Mill Creek Natural Foods, Inc. deems to be an emergency. Mill Creek Natural Foods, Inc. reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement, in the sole determination of Mill Creek Natural Foods, Inc. .
THE WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE WEB SITE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT
PRODUCT AND/OR SERVICE, AND NOT BY MILL CREEK NATURAL FOODS, INC. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEB SITE AND/OR SITE-RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEB SITE AND SITE-RELATED SERVICES.
NEITHER MILL CREEK NATURAL FOODS, INC. , NOR OUR EMPLOYEES, AGENTS, SPONSORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT MILL CREEK NATURAL FOODS, INC. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEB SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE WEB SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Although Mill Creek Natural Foods, Inc. attempts to ensure the integrity of the Web site, a possibility exists that the Web site could include inaccuracies or errors, or unauthorized additions, deletions and alterations made by third parties to the Web site. Mill Creek Natural Foods, Inc. makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please inform Mill Creek Natural Foods, Inc. at email@example.com so that it can be corrected.
In many instances, the content available through the Web site represents the opinions and judgments of the respective information provider, Web site user or member, or other user not under contract with Mill Creek Natural Foods, Inc. Mill Creek Natural Foods, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Web site by anyone other than authorized Mill Creek Natural Foods, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will Mill Creek Natural Foods, Inc. be liable for any loss or damage caused by your reliance on information obtained through the Web site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Web site.
LINKS TO OTHER WEB SITES AND SERVICES
PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to
material that is harmful to minors. Information identifying current providers of such protections is available at the Web sites of the Electronic Frontier Foundation: http://www.eff.org and America Links Up: http://www.netparents.org.
VOID WHERE PROHIBITED
Although the Web site is accessible worldwide, not all products or services discussed or referenced in or on the Web site are available to all persons or in all geographic locations or jurisdictions. Mill Creek Natural Foods, Inc. reserves the right to limit the availability of the Web site and/or the provision of any product or service to any person, geographic area or jurisdiction it so desires, in our sole discretion, and to limit the quantities of any such product or service that it provides. Any offer for any product or service made in the Web site is void where prohibited.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to the restriction as set forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and FAR 12.212, as applicable. Supplier is Mill Creek Natural Foods, Inc., 4315 Main Street, Union Gap, WA 98903.
This Agreement is entered into in the State of Washington and shall be governed by and construed in accordance with the laws of the State of Washington, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Yakima in the State of Washington, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all prior or contemporaneous written or oral agreements existing between the parties hereto are expressly canceled. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.
Mill Creek Natural Foods, Inc. may at any time change the Web site, including eliminating or discontinuing any content or feature of the Web site, restricting its availability or limiting the amount of use permitted. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the Web site, or by electronic mail, or by conventional mail. Your use of the Web site after such notice shall be deemed to constitute your acceptance of such changes, modifications, additions, or deletions.