3. Ownership. All Clover content included on this Site that is not public domain material is and shall continue to be the property of Clover or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Any reverse engineering of this Site or any other misuse of this Site or the content therein in violation of law is strictly prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. This Site is intended for individuals 18 and older. Individuals ages 13 through 17 may use this site only with the involvement of a parent or guardian. This Site is not intended for any children under the age of 13.
5. Trademarks. Clover Organic Farms, Clover-Stornetta and various other marks are trademarks of Clover. Other product and company names mentioned on this Site may be trademarks of their respective owners. None of these trademarks, or other product or service marks contained herein, may be used in connection with any product or service, in any manner likely to cause confusion among customers, or in any manner that may disparage or discredit the owner of the respective trademark or other product or service mark without the mark’s owner’s express written consent.
6. User-Provided Information and Content. By providing information to, communicating with, and/or placing material on, the Site, or any related successor or linked Site including for example communication during registration, communication by posting information on the Site, you represent and warrant: (1) you own or otherwise have all necessary rights to the content you provide and the rights to use it; (2) all information you provide is true, accurate, current and complete; (3) the content will not cause injury to any person or entity; and, (4) the content will not be in violation of any rights held by any person or entity, or in violation of any laws.
For all such information and material, you grant Clover, its affiliates, assigns and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from such information, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Clover to share the information across all affiliated websites, to include the information in a searchable format accessible by users of the Site and other websites, and to use your name and any other information in connection with its use of the material you provide. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
7. Interactive Areas. Given the nature of the Site and the volume of messages and postings, Clover cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using this Site. Clover reserves the right to delete, move or edit any communications or content at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
8. Posting Rules. We reserve the right to remove any content posted on our Site at any time for any reason in our sole discretion. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our Site. When using the Site, please do not post material that:
– violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community,
– violates any right of Clover or any third party
– violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance,
– displays copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material,
– displays or transmits viruses or other harmful, disruptive or destructive materials, or
– includes content that is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent or inaccurate.
9. Communications with Third Parties Through the Site. Your dealings or communications through the Site with any party other than Clover are solely between you and that third party. For example, certain areas of the Site may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will Clover be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with them before you engage in any transaction. Complaints, concerns or questions relating to materials provided by third parties should be forwarded directly to the third party. During your visit to the Site you may link to, or view as part of a frame, certain content that is actually created or hosted by a third party. You may be introduced to, or be able to access, information, websites, advertisements, features, contests or sweepstakes offered by other parties. Clover is not responsible for the actions or policies of such third parties. You should check the applicable terms of service and privacy policies of those third parties when providing information on such a feature or page.
10. Online Content. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by Clover, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Clover DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION ON THE SITE, OR (ii) ADOPT, ENDORSE NOR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN THE SI3. UNDER NO CIRCUMSTANCES WILL SI3 ITS AGENTS, AFFILIATES OR ASSIGNS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY SITE USERS.
11. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
12. Disclaimer of Warranties and Limitation of Liability. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. CLOVER DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL SI3 BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that conflict with such laws may not apply to you.
14. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is TBD, who can be reached at: TBD
15. Indemnity. If anyone brings a claim against us related to your actions, content or information on Site, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
16. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and Clover or its affiliates.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Termination. Clover may terminate this Agreement at any time, with or without notice, for any reason.
19. Contact Information.
HOW TO CONTACT US:
Clover Stornetta Farms, Inc.
PO Box 750369
Petaluma, CA 94975
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