TERMS OF USE
Last Updated October 9, 2020
AGREEMENT TO TERMS
Aloha! Welcome to the website of Greenwell Farms, Inc., doing business as Greenwell Farms. (“Greenwell Farms”, "Company", "we" or "us"), The following terms and conditions, together with any additional terms and conditions expressly incorporated by reference (collectively, these "Terms of Use"), govern your access to and use of this site, including any content, functionality and services offered on or through this site.
ACCEPTANCE OF THESE TERMS OF USE
By accessing this website and its applications (collectively, the “Site”), the user (herein “you”) agrees to be bound by all such terms, conditions, and notices of these Terms of Use without limitation or qualification. Please read these Terms of Use carefully before you start to use the Site. This Site is intended for users who are at least 13 years of age. By using the Site, you represent and warrant to us that you are of legal age to form a binding contract with the Company. If you are incapable of forming a binding contract, you must not access or use the Site unless you have the permission of, and are directly supervised by, a parent or guardian to use the Site. You must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. We reserve the right to deny access to the Site to anyone at any time.
CHANGES TO THESE TERMS OF USE
We reserve the right to modify these Terms of Use, as well as the products or programs contained on the Site without notice or liability. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check the Site each time you access it so you are aware of any changes, as they are binding on you.
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 You should be aware that information provided may be incomplete, may contain errors, or may have become out of date.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.
INFRINGEMENT
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.
USER INFORMATION
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information, such as a username. It is a condition of your use of the Site that all of the information you provide on the Site is correct, current and complete. You agree that all information you provide to register with the Site or otherwise, including but not limited to, through the use of any interactive features on the Site, is governed by the Company’s Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
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 and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. The Company’s name, logo, marks and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
USAGE LIMITS
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.
PRODUCTS
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:
- Visa
- Mastercard
- American Express
- Discover
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.
RETURN POLICY
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.
UNAUTHORIZED USE
All account information is owned by and proprietary to the Company. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or a third party have violated any provision of these Terms of Use.
INDEMNITY
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, and any use of the Site's content, services and products other than as expressly authorized in these Terms of Use.
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.
GEOGRAPHIC RESTRICTIONS
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.
USER DATA
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.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
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
United States
Phone: (888) 592-5662
sales@greenwellfarms.com
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