Last Updated October 9, 2020
AGREEMENT TO TERMS
CONTENT OWNERSHIP AND ACCURACY
All content on the Site, including account information, is owned or controlled by the Company and protected by copyright laws in the United States and internationally. The information presented on the Site has been compiled by us from internal and external sources; however, no representation is made or warranty given as to the completeness or accuracy of such information. You should be aware that information provided may be incomplete, may contain errors, or may have become out of date. You should therefore verify information obtained from the Site before you act upon it. The Company shall not be liable for any damages or injury resulting from your access to, or inability to access the Site, or from your reliance on any information provided in the Site. The Site may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Site or with the delay or inability to use the Site, or for any information, software, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, strict liability or otherwise, even if the Company and/or any of its suppliers has been advised of the possibility of damages. Because some States/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you believe your work has been copied and posted on or through the Site in a way that constitutes infringement of your rights, please send us a notification of claimed infringement with the following information: (i) identification of the work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (ii) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site; (iii) your contact information - address, telephone number, and, if available, email address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (v) a statement by you that the information in your notification is accurate and that you are the owner or authorized to act on the owner's behalf; and (vi) your signature. We will respond to your notification in due course after we investigate your claims.
The Site may also contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other non-private interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. No User Contribution shall:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information;
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
Falsify the origin or source of software or other material contained in a file that is uploaded.
Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose; or
Download any file that you know, or reasonably should know, cannot be legally distributed via the Site.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and that you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. You specifically acknowledge that we are not liable for defamatory, offensive, infringing or illegal materials or conduct arising out of User Contributions, and we reserve the right, but have no obligation, to remove such materials or any other materials from the Site without liability. We do not undertake to review all User Contribution material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. You further agree to indemnify us for all damages, costs and expenses we suffer or incur as a result of you defamatory, offensive, infringing or illegal materials or conduct in connection with User Contributions. We further reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
OWNERSHIP OF SITE AND MARKS
The Site is for your personal, noncommercial use only. You agree not to modify, copy, alter, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site without our prior written permission. You agree not to use any automatic device, manual process, or scraping to monitor or copy the Site or the content contained therein for any purpose without our prior written permission. You agree not to use any device, software or routine to interfere with or attempt to interfere with the proper working of the Site or any activities conducted on the Site. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained therein or for any other unauthorized purpose without the Company’s prior written permission. We reserve the right to investigate any illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized framing of the Site or unauthorized use of any robot, spider or other automated device, and to take appropriate legal action, including, without limitation, civil, criminal and injunctive redress.
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
- American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Please review our Return Policy posted on the Site prior to making any purchases.
THIRD PARTY WEBSITES
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Company’s part without our express written consent. If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
GOVERNING LAW AND VENUE
This Agreement will be governed by the laws of the State of Hawaii without reference to its conflicts of law provisions which would result in the application of the laws of any other jurisdiction. You agree that any action or proceeding relating to or arising out of this Agreement will be brought in federal or state courts located in the State of Hawaii, City & County of Honolulu, and no other. You irrevocably consent to the jurisdiction of such courts and waive any jurisdictional or venue defenses available to you.
The Company is based in the State of Hawaii within the United States of America. We make no warranty that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may be restricted in certain jurisdictions. If you access the Site from outside the United States, you do so on your own initiative and will be responsible for compliance with local laws.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Greenwell Farms, Inc.
P.O. BOX 248
Kealakekua, HI 96750
Phone: (888) 592-5662