| This Website Conditions of Use Contract (the "Agreement") constitutes a binding legal contract between you and Cornish Heritage Farms, the owner and operator of the cornishheritagefarms.com website (the "Site"). Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time. By ordering products via the Site, You are also subject to the Terms and Conditions of Sale Contract (below). General Conditions of Use Cornish Heritage Farms hopes you enjoy this Site and use it safely and constructively. Your use of the Site is at the sole discretion of Cornish Heritage Farms, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site, registration, or ordering of products via the Site does not entitle you to continue to use the Site or to order products online. Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to: - upload, post, e-mail or otherwise transmit any content that is unlawful, harmful , threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a Cornish Heritage Farms official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.
Intellectual Property Rights and Copyrights This Site is protected by copyright, trademark, trade dress and other intellectual property rights. - All images on this site are either the copyright of Cornish Heritage Farms or their respective manufacturer. They may not be reproduced with out the relevant copyright holder's written permission.
- Cornish Heritage Farms grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object code of the Site on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software for the Site.
- The 'Cornish Heritage Farms' and 'Roxy' logos are owned by Cornish Heritage Farms. You agree not to copy, display or otherwise use either without the prior written permission of Cornish Heritage Farms.
- The entire Site, and all object code and source code associated therewith, are copyright 2005, Cornish Heritage Farms. All rights reserved.
Terms of Sale This Terms and Conditions of Sale (the "Agreement") constitutes a binding legal contract between you and Cornish Heritage Farms, the owner and operator of the cornishheritagefarms.com (the "Site"). By ordering any product or service via the Site, you signify your acceptance of this Agreement, as it may be amended or supplemented from time to time. Changes to this Agreement will be effective when posted. This Agreement is intended to supplement the Terms of Use (above). Prices for all items on this site are listed in U.S. dollars. CORNISH HERITAGE FARMS HAS PRICED ITS PRODUCTS UPON THE UNDERSTANDING, AND YOU HEREBY ACKNOWLEDGE THE UNDERSTANDING, THAT CORNISH HERITAGE FARMS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY FORM OF CONSEQUENTIAL, INCIDENTAL, STATUTORY, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OF WHATEVER KIND OR TYPE ARISING FROM ANY TYPE OF COMMERCIAL, BUSINESS, ENVIRONMENTAL, TORT, WARRANTY, CONTRACT, STRICT LIABILITY OR OTHER CAUSES ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH ANY PRODUCT AND/OR ITS USE, EXCEPT CONSEQUENTIAL DAMAGES FOR ANY INJURY TO A PERSON IN THE CASE OF PRODUCTS PURCHASED FOR CONSUMER USE AS DEFINED BY 15 US C. § 2301. Follow all instructions and heed all warnings accompanying any product ordered from the Site. Some products, including those with small pieces, may not be suitable for children and should be kept out of the reach of children. All tools used for construction of craft products must be used carefully and with adult supervision. All glues should be kept away from small children and used by older children only with supervision. Glues and other products should not be taken internally and should be kept away from mucuous membranes. YOU AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST CORNISH HERITAGE FARMS ARISING OUT OF YOUR PURCHASE OR USE OF PRODUCTS ORDERED VIA THE SITE. There are certain stamps that we don't like (for example Halloween stamps) and will not special order because we don't want to keep them. Most manufacturers require the purchase of two of every item in a wholesale order which means that we would end up with an extra that we wouldn't normally sell. We're sorry if this policy causes inconvienience. Indemnification YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS CORNISH HERITAGE FARMS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE PRODUCTS PURCHASED VIA THE SITE. Governing Law and Venue This Agreement, the entire relationship between you and Cornish Heritage Farms, and any litigation or other legal proceeding between you and Cornish Heritage Farms (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to its choice of law rules. This contract is fully performable in Blaine County, Montana. |
