OREGON CHERRY GROWERS, INC.
TERMS AND CONDITIONS OF USE
OVERVIEW
These terms and conditions ("Terms and Conditions") govern your use of the Oregon Cherry Growers, Inc. ("OCG") website, http://www.oregoncherryonline.com ("Site"), including your purchase of products at the Site. Your use of the Site indicates your consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site.
Your use of the Site is subject to the most current version of the Terms and Conditions posted on the Site at the time of your use. OCG reserves the right to modify these Terms and Conditions at any time, without prior notice to you. Modifications to these Terms and Conditions are effective once they are posted on the Site. The Privacy Policy posted at the Site also applies to you and is incorporated into these Terms and Conditions. OCG owns, operates and maintains this Site for the purposes of providing information about OCG and its products and for facilitating online purchase of OCG fruit products.
LIMITED LICENSE
OCG grants you a limited license (“License”) to access and make personal use of this Site. You may not distribute, modify, transmit, reuse, re-post or use the content at the Site without OCG's prior written consent. The License does not include any right to: resale or commercial use of this Site or its contents; collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this Site nor any portion of this Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of OCG. Any unauthorized use terminates the permission or license granted by OCG. You may download materials displayed on this Site only for your non-commercial personal use and only if you retain all copyright and other legal notices which appear on any such materials. OCG may terminate the License at any time, for any reason.
INTELLECTUAL PROPERTY RIGHTS
All the material contained in this Site, including without limitation, text, information, page headers, button icons, images, designs, logos, data, graphics, slogans, trade dress and photographs ("Intellectual Property") are copyrighted and/or trademarked properties of OCG, unless otherwise indicated. You may not use or reproduce the Intellectual Property without OCG's express written consent, except for the limited purposes expressly granted by this License. Your unauthorized use of this Intellectual Property may violate copyright, trademark and other laws enforced in the United States and internationally.
Trademarks displayed on this Site, including, but not limited to Oregon Cherry Growers®, The Royal Cherry™, Pink Blush™, Bordeaux Cherry™, Nature’s Cherry™ and Royal Willamette™, are the property of OCG in the United States and/or internationally. The absence of a product name or logo from this list does not constitute a waiver of OCG's Intellectual Property rights. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this Site without the express written agreement of OCG. Improper use of trademarks displayed on this Site is strictly prohibited.
YOUR ACCOUNT
OCG may require you to create a personal account ("Account") to use certain Site features and make purchases. You are responsible for maintaining the confidentiality of your Account and associated password and for restricting access to your computer. You accept responsibility for all activities that occur under your Account. OCG reserves the right to refuse service, terminate Accounts, remove or edit Content, or cancel orders in its sole discretion. Site visitors under the age of eighteen may not register for an Account.
SUBMITTED INFORMATION, REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
By submitting, posting or displaying any reviews, photos, recipes, communications, suggestions, ideas, comments, questions, or any other information, data or material of any kind ("Content"), you assign OCG a perpetual, irrevocable, worldwide, royalty-free, assignable, sublicense-able and non-exclusive license ("Perpetual License") to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute and use in any manner any Content. You warrant that you have the legal right to grant the Perpetual License to OCG. You agree that the Perpetual License includes a right for OCG to make such Content available to other companies, organizations or individuals with whom OCG has relationships (with or without notice to you) and to use such content for any purposes whatsoever, commercial or otherwise, including, but not limited to, reproduction, disclosure, transmission, publication, broadcasting or posting without any compensation to you as the provider of the Content. OCG may modify the Content and will solely own all derivatives and modifications of the Content that OCG makes. You agree that all Content you submit, post or display (other than Personally Identifiable Information as that term is defined in the Privacy Policy that you provide during purchases and Account registration) will be treated as non-confidential and non-proprietary information.
You grant OCG the right but not the obligation to use the Account name that you submit in connection with such Content. You warrant that you own or otherwise control all of the rights to the Content that you post, that the Content is accurate, and that use of the Content does not violate these Terms and Conditions. OCG takes no responsibility and assumes no liability for any Content posted by you or any third party.
The Content you submit may not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of anyone's rights, or otherwise injurious to OCG or third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the Content. OCG reserves the right (but not the obligation) to remove or edit such Content from the Site, but does not regularly review posted Content.
PURCHASES
You must be eighteen or older to make purchases at the Site and have a valid credit card. When you place an order, OCG collects information associated with the transaction, which includes your name, mailing address, product ordering information, shipping address and credit card information. OCG has adopted reasonable security procedures to safeguard your information. Our third party sales fulfillment company uses encrypted web communications technology to protect credit card information. OCG does not retain the credit card information received through the Site, so each time you place an order you will need to provide a credit card number. You may not provide incomplete or inaccurate registration information. The OCG Privacy Policy contains further information on the collection and use of your information by OCG. You are responsible for any use of this Site by anyone using your credit card number, Personally Identifiable Information or Account at the Site. If for any reason you suspect that your credit card, Personally Identifiable Information or Account has been used without your authorization at the Site, you must contact OCG at once. OCG will only ship to locations in the United States (other than Alaska, Hawaii and U.S. territories) and Canada. OCG will assess shipping and handling charges for your purchase.
RISK OF LOSS
The risk of loss and title for items you purchase at the Site passes to you upon OCG's delivery to the carrier.
RETURNS
If a product offered by OCG is not acceptable to you for any reason, your sole remedy is to return it for a refund within 30 days after you receive it. All returned products must be in unused condition, with the packaging and the product intact and undamaged, or OCG will not issue a refund. OCG will issue the refund to the credit card used for the purchase and will not refund shipping costs.
TAX
You are solely responsible for all taxes and governmental assessments such as duties applicable to your purchase. OCG will not collect and is not responsible for sales taxes or duties.
LIMITATION OF LIABILITY AND WARRANTIES
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. OCG PROVIDES THE SITE (INCLUDING FEATURES SUCH AS PURCHASING OF PRODUCTS) ON AN AS-IS BASIS. OCG MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, REGARDING THIS SITE, SITE FEATURES OR PURCHASES MADE AT THE SITE. OCG IS NOT LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF: (1) YOUR ACCESS, OR INABILITY TO ACCESS THE SITE, (2) YOUR USE OF OR RELIANCE UPON THE SITE OR THE CONTENT HEREOF, OR (3) A PURCHASE YOU MAKE AT THE SITE, WHETHER OR NOT OCG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY.
OCG DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM OCG ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. OCG MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION AT THE SITE.
OCG HAS NO OBLIGATION TO UPDATE THIS SITE OR ITS CONTENT AND SHALL NOT BE LIABLE FOR FAILURE TO UPDATE SUCH INFORMATION. OCG IS NOT LIABLE IN ANY WAY FOR USE OF LINKS TO OTHER SITES.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of Oregon, without giving effect to its conflicts of law principles. By using this Site, you agree that any dispute arising from or relating in any way to this Site will be brought exclusively in the Federal or State courts located in the State of Oregon, and you agree to submit to the jurisdiction of such courts.
INDEMNITY
By using this Site, you agree to indemnify, defend, and hold harmless OCG from and against any and all claims, damages, liability, costs and/or expenses, including attorneys' fees, arising from or relating to your use of this Site or Content you provide.
CONTACT AND NOTICES
You consent to receive communications from OCG electronically, either by email or through notices at the Site. You agree that all agreements, notices, disclosures and other communications that OCG provides to you electronically satisfy any legal requirement that such communications be in writing. You will address all general inquiries regarding these Terms and Conditions to: inquiry@orcherry.com. You agree that OCG may contact you using any contact information you provide or by other means acceptable to OCG. Send all legal notices to Dan Weeden, Oregon Cherry Growers, Inc., P.O. Box 7357, Salem, Oregon 97301.
WAIVER OF JURY TRIAL AND CLASS ACTION.
You irrevocably and unconditionally waive, to the fullest extent permitted by applicable law, any right that you may have to (i) trial by jury of any claim or cause of action, or in any legal proceeding, directly or indirectly based upon or arising out of these Terms and Conditions or the transactions contemplated by these Terms and Conditions such as product sales (whether based on contract, tort, or any other theory); and (ii) any right to participate as a representative or member of any class of claimants in any class action against OCG, its affiliates, owners, officers, directors or employees related to these Terms and Conditions.
ENTIRE AGREEMENT
These Terms and Conditions, including the Privacy Policy, constitute the entire agreement between you and OCG regarding the Site and cannot be modified by you. These Terms and Conditions cannot be modified by any person affiliated, or claiming affiliation, with the Company or Site. Notwithstanding the foregoing, OCG may provide separate terms on a purchase order associated with your purchase, which will be incorporated into these Terms and Conditions. In the event of a conflict between the purchase order and these Terms and Conditions, the Terms and Conditions will govern.
ACCURACY OF INFORMATION
You represent and warrant that all information you supply to OCG is complete, accurate, and not misleading. Knowingly submitting incomplete, inaccurate, or misleading information may result in immediate termination of your Account and other action by OCG permitted by law.
ASSIGNMENT
OCG may assign any or all of its rights under these Terms and Conditions to a third party. You may not assign your rights under the Terms and Conditions without the prior written consent of OCG. Upon assignment, the assigning party will be released of its obligations under these Terms and Conditions arising from and after the date of assignment.
ATTORNEY FEES
In any litigation relating to these Terms and Conditions, the substantially prevailing party will be entitled to recover all reasonable attorney fees and expenses of litigation, including fees on appeal or petition for review. For purposes of these Terms and Conditions, “prevailing party” means the party that prevails (whether affirmatively or by means of a successful defense) with respect to claims having the greatest value or importance as reasonably determined by the court.
MODIFICATION AND WAIVER
Any modification of these Terms and Conditions (except as permitted by OCG as provided in these Terms and Conditions) or waiver of its terms must be in writing, be signed by the party to be bound, and state that it is an amendment to these Terms and Conditions.
NO WAIVER
No delay or failure by OCG in exercising any right under these Terms and Conditions, and no partial or single exercise of that right, will constitute a waiver of that or any other right. Failure by OCG to enforce any right under these Terms and Conditions will not be deemed a waiver of future enforcement of that or any other right.
INTERPRETATION
These Terms and Conditions will not be construed in favor of or against OCG due to the fact that OCG drafted these Terms and Conditions.
SEVERABILITY
If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
Anyone who believes that material posted at the Site infringes their copyright must send written notice that complies with the Digital Millennium Copyright Act, 17 USC Section 512(c)("DMCA"), to OCG's Copyright Agent, who is Dan Weeden, Oregon Cherry Growers, Inc., P.O. Box 7357, Salem, Oregon 97301, 503.364.8241, dweeden@orcherry.com. Failure to comply with the requirements in the DMCA may render your notice void.
Last updated March 14, 2011