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COPYRIGHT AND DISCLAIMER Welcome to the Henry’s Farmers Market web site ("Site"). Henry’s Farmers Market is owned and operated by Henry's Holding LLC. ("HENRY'S"). Please feel free to browse the Site, but, remember that HENRY'S retains copyrights on all texts, data, images, audio, video or other materials in the Site, including the tradename Henry’s Farmers Market. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site, including text, data, images, audio, video and other materials for public or commercial purposes without written permission of HENRY'S. HENRY'S reserves all other rights pertaining to the Site. Your access and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions, and acknowledge that any other agreement between you and HENRY'S concerning your use of the Site are superseded by these Terms and Conditions and of no force or effect. If you do not agree to these Terms and Conditions, please do not use the Site. TERMS AND CONDITIONS: 1. The information presented throughout the Site is provided for educational purposes only; HEALTH INFORMATION PROVIDED ON THIS SITE OR LINKS FROM THIS SITE IS NOT INTENDED TO DIAGNOSE, TREAT, CURE OR PREVENT ANY DISEASE. THE INFORMATION ON THE SITE SHOULD NOT BE INTERPRETED AS A SUBSTITUTE FOR PHYSICIAN EVALUATION OR TREATMENT BY A HEALTH CARE PRACTITIONER. 2. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of HENRY'S. 3. While HENRY'S uses reasonable efforts to include accurate and up-to-date information on the Site, HENRY'S makes no warranties or representations as to its accuracy or suitability for any purpose. HENRY'S assumes no liability or responsibility for any errors or omissions in the content of the Site. 4. Your use and browsing of the Site is at your risk. Neither HENRY'S nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to, or use of, the Site even if HENRY'S has been advised of the possibility of such damages. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. HENRY'S also assumes no responsibility, and shall not be liable for any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of , or browsing in the Site, or your downloading of any materials, data, text, images, video, or audio from the Site. In no event shall HENRY'S total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Site. 5. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by HENRY'S or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, HENRY'S is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information. 6. Images of people or places displayed on the Site are either the property of, or used with permission by HENRY'S. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or elsewhere on the Site. Any unauthorized use of such images may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 7. The trademarks, logos, and service marks (collectively, "Trademarks") displayed on the Site are Trademarks of HENRY'S or third parties. A list of major HENRY'S trademarks is set forth below. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of HENRY'S or the third party owner, as applicable. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You also are advised that HENRY'S will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. 8. The Site contains statements which constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Those statements include statements regarding the intent, belief or current expectations of HENRY'S and members of its senior management team. Investors viewing the Site are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those contemplated by such forward-looking statements. 9. Links to third party Web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave the Site. HENRY'S has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, HENRY'S does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk. 10. Although HENRY'S may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the link on the Site, HENRY'S is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. HENRY'S will fully cooperate with any law enforcement authorities or court order requesting or directing HENRY'S to disclose the identity of anyone posting any such information or materials. 11. HENRY'S may at any time change these Terms and Conditions by updating this posting without notice to you. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed; therefore, you should periodically visit this page to review the then current Terms and Conditions to which you are bound. Also, HENRY'S may at any time terminate your rights under these Terms and Conditions at its sole discretion, if you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must destroy all materials obtained from this Site and all copies thereof. 12. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts law. You agree that any dispute arising from or relating in any way to the Site will be brought exclusively in the Federal or State courts located in the State of Colorado and you irrevocably agree to submit to the jurisdiction of such courts. You further agree to indemnify, defend and hold harmless HENRY'S and its agents and affiliates against any claim, liability, expense or damages arising from or relating to your use of the Site. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not effect the validity and enforceability of any remaining provisions. 13. TRADEMARKS: The following trademarks are registered trademarks of Henry's Holding LLC. HENRY’S MARKETPLACE® and design SUN HARVEST MARKET™ and Sun Harvest Farms™ LINKING TO HENRY’S WEBSITE Anyone linking to HENRY’S Web site must comply with the Guidelines for Linking to HENRY’S Web Site and all applicable laws. If you would like to link to HENRY’S Web site, please read and comply with the following guidelines: A site that links to HENRY’S Web site: -May link to, but not replicate, HENRY’S content. -Should not create a browser or border environment around HENRY'S content. -Should not imply that HENRY’S is endorsing it or its products. -Should not misrepresent its relationship with HENRY’S. -Should not present false information about HENRY’S products or services. -Should not use the HENRY’S logo without permission from HENRY’S. -Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups. |
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