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Website Terms & Conidtions
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SMS Notification Agreement
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BYACCESSING OR USING OUR WEBSITE (THE "SITE") OR OURSERVICES, YOU HEREBY AGREETO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREINBY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THEUSER, CUSTOMER, OR PROSPECTIVECUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASEDO NOT ACCESS OR USE OUR SITE OR OUR SERVICES. The present terms and conditions (this "Agreement" or "Terms") is a legal agreement between you and Miller's Orchards Farm Market (hereinafter" Miller's Orchards"), a company duly organized and validly existing, located at 1421 Fairview Rd, Scott Township, Pennsylvania 18414. This Agreement annuls and voids all previous agreements.
OVERVIEW The Site (www.millersorchards.com) is operated by Miller's Orchards. Throughout the Site, the terms "we", "us" and "our" refer to Miller's Orchards. Miller's Orchards offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control. Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service. We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:1. Restrict, suspend or terminate your access to all or any part of our Site;2. Change, suspend or discontinue all or any part of our products or Site;3. Refuse, move, or remove any content that is available on all or any part of our Site;4. Deactivate or delete your accounts;5. Establish general practices and limits concerning use of our Site. You agree that we will not be liable to you or any third party for taking any of these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a)transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Miller's Orchards content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Miller's Orchards and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Miller's Orchards or our licensors except as expressly authorized by these Terms.
SECTION 2 - CREATING AN ACCOUNT Once you create an account with us, you are registered on the Miller's Orchards Site. The terms "member," "membership," and "account" all refer to this registration as a member on Miller's Orchard's Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assignor otherwise transfer your account to any other person or entity. You acknowledge that Miller's Orchards is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization. Furthermore, the registering party hereby acknowledges, understands and agrees to: a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times. If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Miller's Orchards FarmMarket will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Miller's Orchards Farm Market Services, or any portion there of. SECTION 3 - CONDUCT As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Miller's Orchards Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Miller's Orchards. Furthermore, you herein agree not to make use of Miller's Orchards Farm Market's Services for the purpose of: a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever c) impersonating any individual or entity, including, but not limited to, any Miller's Orchards officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, "junk mail," "spam," or any other form of solicitation, except in any such areas that may have been designated for such purpose; h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions; g) interfering with or disrupting any Miller's Orchards Farm Market Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers; k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; l) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act; m) "stalking" or with the intent to otherwise harass another individual; and/or; n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Miller's Orchards Farm Market herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive toother visitors, users and/or members. Miller's Orchards Farm Market herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for: a) compliance with any legal process ;b) enforcement of the Terms; c) responding to any claim that therein contained content is in violation of the rights of any third party; d) responding to requests for customer service; ore) protecting the rights, property or the personal safety of Miller's Orchards Farm Market, its visitors, users and members, including the general public.
Miller's Orchards Farm Market herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Miller's Orchards Farm Market or any other content providers supplying content services to Miller's Orchards Farm Market. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
SECTION 4 - GLOBAL USE; EXPORT/IMPORT COMPLIANCE Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States(http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you: a) are not on the list of prohibited individuals which may be identified on any government export exclusion report(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations; b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country ;c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.SECTION 5 - SUBMITTED CONTENTMiller's Orchards Farm Market shall not lay claim to ownership of any content submitted by any visitor, member, or user, normake such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Miller's OrchardsFarm Market the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:a) The content submitted or made available for inclusion on the publicly accessible areas of Miller'sOrchards FarmMarket's Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Miller's Orchards Farm Market's sites, and shall terminate at such time when you electto discontinueyour membership.b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas ofMiller's Orchards Farm Market's sites, the licenseprovided to permit to use, distribute, reproduce, modify, adapt,publicly perform and/or publicly display said Content on our network Services are for the sole purposeof providing andpromoting the specific area in which this content was placed and/or made available for viewing. This license shall beavailable so long as you are a member of Miller's Orchards Farm Market's sites and shall terminate atsuch time whenyou elect to discontinue your membership.c) For any other content submitted or made available for inclusion on the publicly accessible areas of Miller's Orchards Farm Market's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use,distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether inwhole or in part, and the incorporation of any suchContent into other works in any arrangement or medium currentused or later developed.Those areas which may be deemed "publicly accessible" areas of Miller's Orchards Farm Market's Sites are those such areasof our network properties which are meant to be available to the general public, and which would include message boards andgroups that are openly available to both users andmembers. However, those areas which are not open tothe public, and
thus available to members only, would include our mail system and instant messaging.CONTRIBUTIONS TO COMPANY WEBSITEMiller's Orchards Farm Market may provide an area for our user and members to contribute feedback to our website. Whenyou submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:a) your contributions do not contain any type of confidential or proprietary information;b ) Miller's Orchards shall not be liable or under any obligation to ensure or maintain confidentiality, expressed orimplied, related to any Contributions;c) Miller's Orchards shall be entitled to make useof and/or disclose any such Contributions in any such manner as theymay see fit;d) the contributor's Contributions shall automatically become the sole property of Miller's Orchards;ande) Miller's Orchards is under no obligation to either compensate or provide any form of reimbursementin any manner ornature.SECTION 6 - INDEMNITYAll users and/or members agree to insure and hold Miller's Orchards Farm Market, our subsidiaries, affiliates, agents,employees, officers, partners and/or licensors blameless or not liable for any claim or demand, whichmay include, but is notlimited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Sitemay submit, post, modify, transmit or otherwise make available through our Services, the use of Miller's Orchards Services oryour connection with these Services, your violations of the Terms of Service and/or your violation ofany such rights ofanother person.SECTION 7 - COMMERCIAL REUSE OF SERVICESThe member or user herein agrees not to replicate,duplicate, copy, trade, sell, resell nor exploit for any commercial reasonany part, use of, or access to Miller's Orchards'ssites.SECTION 8 - MODIFICATIONSMiller's Orchards Farm Marketreserves the right atany time it may deem fit, to modify, alter and or discontinue, whethertemporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liableto you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any partthereof.SECTION 9 - TERMINATIONAs a member of www.millersorchards.com, you may cancel or terminate your account, associated email address and/oraccess to our Services by submitting a cancellationor termination request to .As a member, you agree that Miller's Orchards FarmMarket may, without any prior written notice, immediately suspend,terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services.The cause for such termination, discontinuance, suspension and/or limitation of access shall include,but is not limited to:a) any breach or violation of our Terms or any other incorporated agreement, regulation and/or guideline;b) by way of requests from law enforcement or any other governmental agencies;c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;d) unexpected technical or security issues and/or problems;e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/org) the nonpayment of any associated fees that may be owed by you in connection with yourwww.millersorchards.com account Services.Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services. The termination of your account with www.millersorchards.com shall include any and/or all of the following: a) the removal of any access to all or part of the Services offered within www.millersorchards.com;b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; andc) the barring of any further use of all or part ofour Services. SECTION 10 - LINKS Either Miller's Orchards Farm Market or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Miller's Orchards FarmMarket shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource. SECTION 11 - PROPRIETARY RIGHTS You do hereby acknowledge and agree that Miller's Orchards Farm Market's Services and any essential software that may beused in connection with our Services ("Software") shall contain proprietary and confidential materialthat is protected byapplicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agreethat any Content whichmay be contained in any advertisements or information presented by and through our Services or by advertisers is protectedby copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permittedby applicable law or as authorized by Miller's Orchards Farm Market or such applicable licensor, you agree not to alter,modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created anyplagiaristic works which arebased on Miller's Orchards Farm Market Services (e.g. Content or Software), in whole or part.Miller's Orchards Farm Market hereby grants you a personal, non-transferable and non-exclusive right and/or license to makeuse of the object code or our Software on a singlecomputer, as long as you do not, and shall not, allow any third party toduplicate, alter, modify, create or plagiarize workfrom, reverse engineer, reverse assemble or otherwise make an attempt tolocate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such rightin the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and assuch, not to use any modified versions of the Software, including and without limitation, for the purpose of obtainingunauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through anymeans other than through the interface which is provided by Miller's Orchards Farm Market for use in accessing our Services.SECTION 12 - WARRANTY DISCLAIMERSYOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:a) THE USE OF MILLER'S ORCHARDS FARM MARKET SERVICES AND SOFTWARE ARE AT THE SOLE RISK BYYOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ONAN "AS IS" AND/OR "AS AVAILABLE" BASIS.MILLER'S ORCHARDS FARM MARKET AND OUR SUBSIDIARIES,AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KINDWHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OFTITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.b ) MILLER'S ORCHARDS FARM MARKET AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS,PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT(i) MILLER'S ORCHARDS FARM
MARKET SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) MILLER'S ORCHARDS FARMMARKET SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii)THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE MILLER'S ORCHARDS FARMMARKET SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOUTHROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCHERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF MILLER'SORCHARDS FARM MARKET SERVICES OR SOFTWARE SHALL BEACCESSED BY YOUR SOLE DISCRETIONAND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY ANDALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANYDAMAGE TO YOUR COMPUTER AND/ORINTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, ORFOR ANY LOSS OF DATA THAT COULDRESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION ORMATERIAL.d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BYYOU FROM MILLER'S ORCHARDS FARM MARKET OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARESHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCESOME DEGREE OF EPILEPTIC SEIZUREWHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON ACOMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLYUNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORYOF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILYHAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THEFOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLETWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.SECTION 13 - LIMITATION OF LIABILITYYOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT MILLER'S ORCHARDS FARM MARKET ANDOUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,AGENTS, PARTNERS AND LICENSORS SHALL NOT BELIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARYDAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANYPROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEENADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:a) THE USE OR INABILITY TO USE OUR SERVICE;b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOURTRANSMISSIONS AND/OR DATA;d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ONOUR SERVICE;e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OURSERVICE.SECTION 14 - RELEASEIn the event you have a dispute, you agree to release Miller's Orchards Farm Market(and its officers,directors, employees,agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages(actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed andundisclosed, arising out of or in any way connectedto such dispute.SECTION 15 - NOTICEMiller's Orchards Farm Market may furnish you withnotices, including those with regards to any changes to the Terms,including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our websiteServices, or otherreasonable means currently known or any which may be herein after developed. Any such notices may notbe received if youviolate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptanceof this Agreementconstitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you
accessed our Services in an authorized manner.SECTION 16 - INTELLECTUAL PROPERTY RIGHTSYou herein acknowledge, understand and agree that all of the Miller's Orchards Farm Markettrademarks,copyright, tradename, service marks, and other Miller's Orchards Farm Marketlogos and any brand features, and/or product and servicenames are trademarks and as such, are and shall remain the property of Miller's Orchards Farm Market.You herein agree notto display and/or use in any manner the Miller's Orchards Farm Marketlogo or marks without obtaining Miller's Orchards FarmMarket's prior written consent.Miller's Orchards Farm Market will always respect the intellectual property of others, and we ask thatall of our users do thesame. With regards to appropriate circumstances andat its sole discretion, Miller's Orchards Farm Market may disable and/orterminate the accounts of any user who violates ourTerms and/or infringes the rights of others. If you feel that your work hasbeen duplicated in such a way that would constitutecopyright infringement, or if you believe your intellectual property rightshave been otherwise violated, you should provide tous the following information:a) The electronic or the physical signature of theindividual that is authorized on behalf of the owner of the copyright orother intellectual property interest;b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;c) A description of the location of the site whichyou allege has been infringing upon your work;d) Your physical address, telephone number, and email address;e) A statement, in which you state that the allegedand disputed use of your work is not authorized bythe copyrightowner, its agents or the law;f) And finally, a statement, made under penalty ofperjury, that the aforementioned information in your notice is truthfuland accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act onthe copyright or intellectual property owner's behalf.The Miller's Orchards Farm Market agent for noticeof claims of copyright or other intellectual property infringement can becontacted as follows:Mailing Address:Miller's Orchards Farm MarketAttn: Copyright Agent1421 Fairview RdScott Township, Pennsylvania 18414Telephone: 570-587-3399Email:
yourmillersfarmers@gmail.com
SECTION 17 - ENTIRE AGREEMENTThis Agreement constitutes the entire agreement between you and Miller's Orchards Farm Marketand shallgovern the use ofour Services, superseding any prior version of thisAgreement between you and us with respect to Miller's Orchards FarmMarket Services. You may also be subject to additional terms and conditions that may apply when you use or purchasecertain other Miller's Orchards Farm Market Services, affiliate Services, third-party content or third-party software.SECTION 18 - CHOICE OF LAW AND FORUMIt is at the mutual agreement of both you and Miller's Orchards Farm Market with regard to the Agreement that therelationship between the parties shall be governedby the laws of the state of Pennsylvania without regard to its conflict of lawprovisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or therelationship between you and Miller's Orchards FarmMarket, shall be filed within the courts having jurisdiction within theCounty of Lackawanna, Pennsylvania or the U.S. District Court located in said state. You and Miller'sOrchards Farm Marketagree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any andall objections to theexercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 19 - WAIVER AND SEVERABILITY OF TERMSAt any time, should Miller's Orchards Farm Marketfail to exercise or enforce any right or provisionof the Agreement, suchfailure shall not constitute a waiver of such rightor provision. If any provision of this Agreement is found by a court ofcompetent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor togive effect to the parties'intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.SECTION 20 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITYYou acknowledge, understand and agree that your account is non-transferable and any rights to your IDand/or contentswithin your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may beterminated and all contents therein permanently deleted.SECTION 21 - STATUTE OF LIMITATIONSYou acknowledge, understand and agree that regardless of any statute or law to the contrary, any claimor action arising outof or related to the use of our Services or the Agreement must be filed within Two year(s) after saidclaim or cause of actionarose or shall be forever barred.SECTION 22 - VIOLATIONSPlease report any and all violations of this Agreement to Miller's Orchards Farm Market as follows:Mailing Address:Miller's Orchards Farm Market1421 Fairview RdScott Township, Pennsylvania 18414Telephone: 570-587-3399Email:
yourmillersfarmers@gmail.com
SECTION 23 - GOVERNMENT REQUESTSIn order to cooperate with governmental requests, subpoenas or court orders, to protect our systems, or to ensure theintegrity and operation of our business and systems, we may access and disclose any information we consider necessary orappropriate, including and without limitation, yourinformation, IP address, and usage history. Our right to disclose any suchinformation is governed by the terms of our PrivacyPolicy.SECTION 24 - FOREIGN ACCESS OF SITEThe Site is controlled, operated and administered by Miller's Orchardsfrom our offices within the USA.If you access the Sitefrom a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use Miller'sOrchards's content accessed through the Site in anycountry or in any manner prohibited by any applicable laws, restrictionsor regulations.SECTION 25 - ERRORS, INACCURACIES AND OMISSIONSOccasionally there may be information on our Site that contains typographical errors, inaccuracies oromissions that mayrelate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reservethe right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if anyinformation on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submittedyour order).We undertake no obligation to update, amend or clarify information on the Site or on any related Site,including withoutlimitation, pricing information, except as requiredby law. No specified update or refresh date applied on the Site or on anyrelated Site, should be taken to indicate that allinformation on the Site or on any related Site hasbeen modified or updated.SECTION 26 - PRIVACY POLICY
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