Legal Terms and Conditions Of Use
Welcome to MOREL-FARMS.COM, LLC, and web site, MOREL-FARMS.COM (the "Site"). By using the Site, you agree to be bound by the following terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. In addition, you agree to indemnify Company against any and all claims by third parties arising out of your use of the Site in violation of these Legal Terms and Conditions of Use. If you do not agree to these Legal Terms and Conditions of Use, you are not permitted to use the Site.
Limited License
You should assume that everything that you read or see on the Site is copyrighted or otherwise protected and owned by Company or some third party who licensed to Company the right to use such material. Unless otherwise expressly noted, nothing that you read or see on the Site may be copied or used except as provided in these Legal Terms and Conditions of Use or with the prior written approval of Company.
We grant you permission to print individual pages from the Site, unless otherwise expressly noted, for your own personal, noncommercial use in learning about or evaluating Company’s products and services. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter or modify these materials. This grant of permission is not a transfer of title, and under this permission you may not:
- use the materials for any commercial purpose, or for any public display (commercial or noncommercial);
- remove any copyright, or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
We make no warranties or representations to you that your use of any materials displayed on the Site will not infringe the rights of third parties.
Restrictions on Use of Materials on the Site
All material on the Site, including all files, images, text, software, and data, are the property of Company. These materials are licensed to you for your personal, non-commercial use. You may download, print, or view these materials on your personal computer, provided you do not delete or change any of the information, including copyright and trademark notices. You may not modify, reverse-engineer, disassemble, redistribute, republish, upload, or re-use any of the text, graphics, or other materials on the Site without Company's prior written permission.
Third Party Web Sites
The Site may provide links and pointers to Internet sites maintained by others ("third party sites"). Company has not reviewed all of the third party sites linked to the Site and is not responsible for the content of or any products or services offered in such third-party sites.
Submitted Information
If you submit any information to us, including any comments, remarks, suggestions, ideas, notes, drawings, graphics, concepts or other information, you are giving that information, and all your rights in it, to Company free of charge, and that information will be treated as non-confidential and non-proprietary and may be used by Company for any purpose, without your consent or any compensation to you or anyone else. This is true whether you submit such information to us by e-mail, through a form on the Site, on a bulletin board, or in any other manner. Company may from time to time monitor, review and, in its sole discretion, modify or delete any postings you make on the Site however, Company is not obligated to do so.
Please do not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law. You are solely responsible for any material you submit to us.
Through your usage of the Site, you may submit and/or Company may gather certain limited information about you and your web site usage. Company is free to use such information for any purpose it deems appropriate, including marketing purposes.
Disclaimer and Limitation of Liability
The success of the products advertised and sold through this website depends on the buyer's adherence to detailed and specific instructions. Accordingly, ALL MATERIAL ON THIS SITE AND ALL PRODUCTS OBTAINED THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL ON THIS SITE, OR ON ANY SITE OR SITES "LINKED" TO THIS SITE. COMPANY MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY LOSS OR DAMAGES SHALL BE, REPLACEMENT OF PRODUCT IN KIND AND QUANTITY. IN ANY CASE, COMPANY'S LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID FOR ANY PRODUCTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THIS SITE OR THE PURCHASE AND/OR USE OF OUR PRODUCT.
You expressly acknowledge and agree that there are certain inherent risks (known and unknown) in planting, caring for, interacting with and/or consuming plant material including, but not limited to, risks associated with allergies and toxic effect of mushrooms and mushroom related bodies, which cannot be eliminated regardless of the care taken to avoid any injuries. By purchasing products from our Site, you voluntarily and expressly assume any and all risk associated with your use of our products and expressly release us from any and all liability associated therewith.
United States Only
All materials on our Site are provided solely for the purpose of promoting our services in the United States and its territories. We make no representation that the materials on our Site are appropriate or available for use in other locations. If despite these conditions, you use our Site from outside the United States, you are solely responsible for compliance with any applicable local laws.
Trademarks, Trade Names, and Service Marks
Unless otherwise indicated, all logos, names, package designs, and marks on the Site are trademarks or service marks owned or used under license by Company. The use or misuse of any of these marks or other information is strictly prohibited.
Patents
The cultivation of morels using a product or products obtained through this site is the subject of multiple U.S. Patents, including U.S. Patent Nos. 6,951,074 and 6,907,691. Accordingly, with your purchase of the products on this site, we grant you permission to use our product and practice our patented process to grow morels for your own personal, noncommercial use. This license is limited to the practice of the patented process using only products obtained through this site, and no license is granted to you without a purchase by you of a product or products on this site. You may not make, reproduce, distribute, license, transfer, sell, alter or modify the product or process.
Modification and Termination of This Agreement
Company may modify these terms and conditions at any time without notice to you.
Company may terminate this agreement at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or it may terminate this agreement for its convenience.
You may terminate this agreement at any time by destroying all materials received from the Site and ceasing to use the Site.
Governing Law
These Legal Terms and Conditions of Use shall be governed by the laws of the State of Indiana without giving effect to any choice or conflict of law or rule (whether of the State of Indiana or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Indiana, provided, however, that disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law. You consent to jurisdiction in the State of Indiana.
Miscellaneous Terms
Our failure to strictly enforce any right against you shall not constitute a waiver thereof. If any provision of these Legal Terms and Conditions of Use is deemed invalid, illegal, or unenforceable such provision will be deemed amended to conform to the applicable laws and the remainder of the Legal Terms and Conditions of Use shall remain in full force and effect. This represents the full understanding of the parties with respect to the subject matter hereof.
Contact
Any questions may be directed to:
MORELFARMS.COM, LLC
600 Morland Drive P.O. Box 5769
Lafayette, Indiana 47903
MORELFARMS.COM, LLC
600 Morland Drive P.O. Box 5769
Lafayette, Indiana 47903