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 INFORMATION
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
specials@millcreekfoods.com.
TRADEMARK NOTICE
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.
SUBMISSIONS
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.
PRIVACY
Personal information that Web site users provide in connection with
polls, chat rooms and forums or other usages of the Web site or
site-related services is collected by Mill Creek Natural
Foods, Inc. Any such
information will be treated as described in our Privacy Policy. To read our Privacy
Policy, scroll to the bottom of this page and click "Privacy Statement."
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.
CONTENT MONITORING
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. .
WARRANTY INFORMATION
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
specials@millcreekfoods.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
To the extent the Web site contains links to outside services and resources
("Linked Sites"), Mill Creek Natural Foods, Inc. does not necessarily endorse nor are affiliated with
the Linked Sites and are not responsible for any content that appears on the
Linked Sites. You are encouraged to review any privacy policy or terms of service
posted on the Linked Sites. The respective owners of the Linked Sites neither
endorse nor are affiliated with Mill Creek Natural Foods, Inc. .
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.
MISCELLANEOUS
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.
All content © Copyright 2007 Mill
Creek Foods, Inc.
All Rights Reserved.
For more information on this site, please read our
Privacy Policy.
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