Conditions of Use
State of Oregon |
Rev. 133A18A |
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TERMS OF USE MILK CREEK MERCANTILE |
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Version Date: January 27, 2018
TERMS OF USE AGREEMENT
This Terms of Use Agreement (Agreement)
constitutes a legally binding agreement made between you, whether personally or
on behalf of an entity (user or you) and Milk
Creek Mercantile Co and its affiliated companies (collectively,
Company or we or us or our), concerning your access to and use of the
www.milkcreek.com website as well as any other media form, media channel, mobile
website or mobile application related or connected thereto (collectively, the
Website). The Website provides the following service: Retail and e-commerce
sales of reproduction American Civil War products (Company Services).
Supplemental terms and conditions or documents that may be posted on the
Website from time to time, are hereby expressly incorporated into this
Agreement by reference.
Company makes no
representation that the Website is appropriate or available in other locations
other than where it is operated by Company. The information provided on the
Website is not intended for distribution to or use by any person or entity in
any jurisdiction or country where such distribution or use would be contrary to
law or regulation or which would subject Company to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Website from other locations do so on their own initiative
and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
All users who are minors in the jurisdiction in
which they reside (generally under the age of 18) are not permitted to register
for the Website or use the Company Services.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS
AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF
APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO
ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS
AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE
COMPANY SERVICES OR THE WEBSITE.
PURCHASES; PAYMENT
Company bills you through an online billing
account for purchases of products and/or services. You agree to pay Company all
charges at the prices then in effect for the products you or other persons
using your billing account may purchase, and you authorize Company to charge
your chosen payment provider for any such purchases. You agree to make payment
using that selected payment method. If you have ordered a product or service
that is subject to recurring charges then you consent to our charging your
payment method on a recurring basis, without requiring your prior approval from
you for each recurring charge until such time as you cancel the applicable
product or service. Company reserves the right to correct any errors or
mistakes in pricing that it makes even if it has already requested or received
payment. Sales tax will be added to the sales price of purchases as deemed
required by Company. Company may change prices at any time. All payments shall
be in U.S. dollars.
RETURN POLICY
Please review our Return Policy posted on our
Website prior to making any purchases.
USER REPRESENTATIONS
Regarding Your Registration
By using the Company Services, you represent and
warrant that:
A. all
registration information you submit is truthful and accurate;
B. you
will maintain the accuracy of such information;
C. you
will keep your password confidential and will be responsible for all use of your
password and account;
D. you
are not a minor in the jurisdiction in which you reside, or if a minor, you
have received parental permission to use this Website; and
E. your
use of the Company Services does not violate any applicable law or regulation.
You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Website's
registration form and (b) maintain and promptly update registration data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Company has
reasonable grounds to suspect that such information is untrue, inaccurate, not
current or incomplete, Company has the right to suspend or terminate your account
and refuse any and all current or future use of the Website (or any portion
thereof).
GUIDELINES FOR REVIEWS
Company may accept, reject or remove reviews in
its sole discretion. Company has absolutely no obligation to screen reviews or
to delete reviews, even if anyone considers reviews objectionable or
inaccurate. Those persons posting reviews should comply with the following
criteria: (1) reviewers should have firsthand experience with the person/entity
being reviewed; (2) reviews should not contain: offensive language, profanity,
or abusive, racist, or hate language; discriminatory references based on
religion, race, gender, national origin, age, marital status, sexual
orientation or disability; or references to illegal activity; (3) reviewers
should not be affiliated with competitors if posting negative reviews; (4)
reviewers should not make any conclusions as to the legality of conduct; and
(5) reviewers may not post any false statements or organize a campaign
encouraging others to post reviews, whether positive or negative. Reviews are
not endorsed by Company, and do not represent the views of Company or of any
affiliate or partner of Company. Company does not assume liability for any
review or for any claims, liabilities or losses resulting from any review. By
posting a review, the reviewer hereby grants to Company a perpetual,
non-exclusive, worldwide, royalty-free, fully-paid, assignable and
sublicensable license to Company to reproduce, modify, translate, transmit by
any means, display, perform and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Website or the Company Services
("Submissions") provided by you to Company are non-confidential and
Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you.
PROHIBITED ACTIVITIES
You may not access or use the Website for any other purpose other than
that for which Company makes it available. The Website may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Company. Prohibited activity includes, but is not
limited to:
A. attempting to
bypass any measures of the Website designed to prevent or restrict access to
the Website, or any portion of the Website
B. attempting to
impersonate another user or person or using the username of another user
C. criminal or
tortious activity
D. deciphering,
decompiling, disassembling or reverse engineering any of the software
comprising or in any way making up a part of the Website
E. deleting the
copyright or other proprietary rights notice from any Website content
F. engaging in any
automated use of the system, such as using any data mining, robots or similar
data gathering and extraction tools
G. except as may be
the result of standard search engine or Internet browser usage, using or
launching, developing or distributing any automated system, including, without
limitation, any spider, robot (or "bot"), cheat utility, scraper or
offline reader that accesses the Website, or using or launching any
unauthorized script or other software
H. harassing,
annoying, intimidating or threatening any Company employees or agents engaged
in providing any portion of the Company Services to you
I. interfering with,
disrupting, or creating an undue burden on the Website or the networks or
services connected to the Website
J. making any
unauthorized use of the Company Services, including collecting usernames and/or
email addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated means or
under false pretenses
K. selling or
otherwise transferring your profile
L. systematic
retrieval of data or other content from the Website to create or compile,
directly or indirectly, a collection, compilation, database or directory
without written permission from Company
M. tricking,
defrauding or misleading Company and other users, especially in any attempt to
learn sensitive account information such as passwords
N. using any
information obtained from the Website in order to harass, abuse, or harm
another person
O. using the Company
Services as part of any effort to compete with Company or to provide services
as a service bureau
P. using the Website
in a manner inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website (Company Content)
and the trademarks, service marks and logos contained therein (Marks) are
owned by or licensed to Company, and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Company Content, includes, without limitation, all
source code, databases, functionality, software, website designs, audio, video,
text, photographs and graphics. All Company graphics, logos, designs, page headers,
button icons, scripts and service names are registered trademarks, common law
trademarks or trade dress of Company in the United States and/or other
countries. Company's trademarks and trade dress may not be used, including as
part of trademarks and/or as part of domain names, in connection with any
product or service in any manner that is likely to cause confusion and may not
be copied, imitated, or used, in whole or in part, without the prior written
permission of the Company.
Company Content on the Website is provided to
you AS IS for your information and personal use only and may not be used,
copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed,
sold, licensed, or otherwise exploited for any other purposes whatsoever without
the prior written consent of the respective owners. Provided that you are
eligible to use the Website, you are granted a limited license to access and
use the Website and the Company Content and to download or print a copy of any
portion of the Company Content to which you have properly gained access solely
for your personal, non-commercial use. Company reserves all rights not
expressly granted to you in and to the Website and Company Content and Marks.
THIRD PARTY WEBSITES AND CONTENT
The Website contains (or you may be sent through
the Website or the Company Services) links to other websites ("Third Party
Websites") as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software and other
content or items belonging to or originating from third parties (the
"Third Party Content"). Such Third Party Websites and Third Party
Content are not investigated, monitored or checked for accuracy,
appropriateness, or completeness by us, and we are not responsible for any
Third Party Websites accessed through the Website or any Third Party Content
posted on, available through or installed from the Website, including the
content, accuracy, offensiveness, opinions, reliability, privacy practices or
other policies of or contained in the Third Party Websites or the Third Party
Content. Inclusion of, linking to or permitting the use or installation of any
Third Party Website or any Third Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Website and access the
Third Party Websites or to use or install any Third Party Content, you do so at
your own risk and you should be aware that our terms and policies no longer
govern. You should review the applicable terms and policies, including privacy
and data gathering practices, of any website to which you navigate from the
Website or relating to any applications you use or install from the Website.
Any purchases you make through Third Party Websites will be through other websites
and from other companies, and Company takes no responsibility whatsoever in
relation to such purchases which are exclusively between you and the applicable
third party.
SITE MANAGEMENT
Company reserves the right but does not have the
obligation to:
A. monitor the
Website for violations of this Agreement;
B. take appropriate
legal action against anyone who, in Company's sole discretion, violates this
Agreement, including without limitation, reporting such user to law enforcement
authorities;
C. in Company's sole
discretion and without limitation, refuse, restrict access to or availability
of, or disable (to the extent technologically feasible) any user's contribution
or any portion thereof that may violate this Agreement or any Company policy;
D. in Company's
sole discretion and without limitation, notice or liability to remove from the
Website or otherwise disable all files and content that are excessive in size
or are in any way burdensome to Company's systems;
E. otherwise manage
the Website in a manner designed to protect the rights and property of Company
and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and
effect while you use the Website or are otherwise a user or member of the
Website, as applicable. You may terminate your use or participation at any
time, for any reason, by following the instructions for terminating user
accounts in your account settings, if available, or by contacting us using the
contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS
AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND
WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE
COMPANY SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR
COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION,
AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE
COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU
HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY'S SOLE DISCRETION.
In order to protect the integrity of the Website
and Company Services, Company reserves the right at any time in its sole
discretion to block certain IP addresses from accessing the Website and Company
Services.
Any provisions of this Agreement that, in order
to fulfill the purposes of such provisions, need to survive the termination or
expiration of this Agreement, shall be deemed to survive for as long as
necessary to fulfill such purposes.
YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO
CANCEL THIS AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO
MIDNIGHT OF COMPANY'S THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT,
EXCLUDING SUNDAYS AND HOLIDAYS.
TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL BUSINESS
HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR BY
ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS.
If Company terminates or suspends your account
for any reason, you are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any third party, even
if you may be acting on behalf of the third party. In addition to terminating
or suspending your account, Company reserves the right to take appropriate
legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
MODIFICATIONS
To Agreement
Company may modify this Agreement from time to
time. Any and all changes to this Agreement will be posted on the Website and
revisions will be indicated by date. You agree to be bound to any changes to
this Agreement when you use the Company Services after any such modification
becomes effective. Company may also, in its discretion, choose to alert all
users with whom it maintains email information of such modifications by means
of an email to their most recently provided email address. It is therefore
important that you regularly review this Agreement and keep your contact
information current in your account settings to ensure you are informed of
changes. You agree that you will periodically check the
Website for updates to this Agreement and you will read the messages we send
you to inform you of any changes. Modifications to this Agreement shall
be effective after posting.
To Services
Company reserves the right at any time to modify
or discontinue, temporarily or permanently, the Company Services (or any part
thereof) with or without notice. You agree that Company shall not be liable to
you or to any third party for any modification, suspension or discontinuance of
the Company Services.
DISPUTES
Between Users
If there is a dispute between users of the
Website, or between users and any third party, you understand and agree that
Company is under no obligation to become involved. In the event that you have a
dispute with one or more other users, you hereby release Company, its officers,
employees, agents and successors in rights from claims, demands and damages
(actual and consequential) of every kind or nature, known or unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
related to such disputes and/or the Company Services.
With Company
All questions of law, rights, and remedies
regarding any act, event or occurrence undertaken pursuant or relating to this
Website or the Company Services shall be governed and construed by the laws of
the State/Commonwealth of Oregon, excluding such state's conflicts of law
rules. Any legal action of whatever nature by or against Company arising
out of or related in any respect to this Website and the Company Services shall
be brought solely in either the applicable federal or state courts located in
or with jurisdiction over clackamas County, State of Oregon; subject, however,
to the right of Company, at the Company's sole discretion, to bring an action
to seek injunctive relief to enforce this Agreement or to stop or prevent an
infringement of proprietary or other third party rights (or any similar cause
of action) in any applicable court in any jurisdiction where jurisdiction
exists with regard to a user. You hereby consent to (and waive any challenge or
objection to) personal jurisdiction and venue in the above-referenced courts.
Application of the United Nations Convention on Contracts for the International
Sale of Goods is excluded from this Agreement. Additionally, application of the
Uniform Computer Information Transaction Act (UCITA) is excluded from this
Agreement. In no event shall any claim, action or proceeding by you related in
any way to the Website and/or the Company Services (including your visit to or
use of the Website and/or the Company Services) be instituted more than two (2)
years after the cause of action arose. You will be liable for any attorneys'
fees and costs if we have to take any legal action to enforce this Agreement.
CORRECTIONS
Occasionally there may be information on the
Website that contains typographical errors, inaccuracies or omissions that may
relate to service descriptions, pricing, availability, and various other
information. Company reserves the right to correct any errors, inaccuracies or
omissions and to change or update the information at any time, without prior
notice.
DISCLAIMERS
Company cannot control the nature of all of the
content available on the Website. By operating the Website, Company does not
represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation
content hosted on third party websites or provided by third party applications,
or that Company believes contributions, blogs or other content to be accurate,
useful or non-harmful. We do not control and are not responsible for unlawful
or otherwise objectionable content you may encounter on the Website or in
connection with any contributions. The Company is not responsible for the
conduct, whether online or offline, of any user of the Website or Company
Services.
YOU AGREE THAT YOUR USE OF THE WEBSITE AND
COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND THE COMPANY
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY
THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR
FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE
OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR
SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM
OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT SHALL COMPANY OR ITS DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE WEBSITE OR COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE
PERIOD OF 3 MONTHS PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE
CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INDEMNITY
You agree to defend, indemnify and hold Company,
its subsidiaries, and affiliates, and their respective officers, agents,
partners and employees, harmless from and against, any loss, damage, liability,
claim, or demand, including reasonable attorney's fees and expenses, made by
any third party due to or arising out of your contributed content, use of the
Company Services, and/or arising from a breach of this Agreement and/or any
breach of your representations and warranties set forth above. Notwithstanding
the foregoing, Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to
indemnify Company, and you agree to cooperate, at your expense, with Company's
defense of such claims. Company will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this indemnification
upon becoming aware of it.
NOTICES
Except as explicitly stated otherwise, any
notices given to Company shall be given by email to the address listed in the
contact information below. Any notices given to you shall be given to the email
address you provided during the registration process, or such other address as
each party may specify. Notice shall be deemed to be given twenty-four (24)
hours after the email is sent, unless the sending party is notified that the
email address is invalid. We may also choose to send notices by regular mail.
USER DATA
Our Website will maintain certain data that you
transfer to the Website for the purpose of the performance of the Company
Services, as well as data relating to your use of the Company Services.
Although we perform regular routine backups of data, you are primarily
responsible for all data that you have transferred or that relates to any
activity you have undertaken using the Company Services. You agree that
Company shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against Company arising from any
such loss or corruption of such data.
ELECTRONIC CONTRACTING
Your use of the Company Services includes the
ability to enter into agreements and/or to make transactions electronically.
YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL
RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE COMPANY
SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND
APPLICATIONS. In order to access and retain your electronic records, you may be
required to have certain hardware and software, which are your sole responsibility.
MISCELLANEOUS
This Agreement constitutes the entire agreement
between you and Company regarding the use of the Company Services. The failure
of Company to exercise or enforce any right or provision of this Agreement
shall not operate as a waiver of such right or provision. The section titles in
this Agreement are for convenience only and have no legal or contractual
effect. This Agreement operates to the fullest extent permissible by law. This
Agreement and your account may not be assigned by you without our express
written consent. Company may assign any or all of its rights and obligations to
others at any time. Company shall not be responsible or liable for any loss,
damage, delay or failure to act caused by any cause beyond Company's reasonable
control. If any provision or part of a provision of this Agreement is
unlawful, void or unenforceable, that provision or part of the provision is
deemed severable from this Agreement 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 Company as a result of this Agreement or use of the Website and
Company Services. Upon Company's request, you will furnish Company any
documentation, substantiation or releases necessary to verify your compliance
with this Agreement. You agree that this Agreement will not be construed
against Company by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of this Agreement and the
lack of signing by the parties hereto to execute this Agreement.
CONTACT US
In order to resolve a complaint regarding the Company
Services or to receive further information regarding use of the Company
Services, please contact Company as set forth below or, if any complaint with
us is not satisfactorily resolved, and you are a California resident, you can
contact the Complaint Assistance Unit of the Division of Consumer Services of
the Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at 1-916-445-1254.
Milk Creek Mercantile Co
PO Box 819
Troutdale, OR 97060
Email: [email protected]
Phone: (971) 292-8368
GENERAL INSTRUCTIONS
WHAT IS A TERMS OF USE AGREEMENT?
A Terms of Use Agreement is a written set of rules
and regulations between two parties, the User and the Company, that the User
must agree to follow in order to use the Company's website and services.
WHEN IS A TERMS OF USE AGREEMENT NEEDED?
While Terms and Conditions are not required by law,
any website, especially e-commerce or social networking websites or
applications and any website or internet service provider that stores a
User's personal data, should consider having Terms and Conditions.
A written set of Terms and Conditions protects the
Company and acts an instruction manual for its website. It allows the Company
to explain things related to its service or product, including, among other
things:
how purchases, payment, and returns are handled ownership and use of content and intellectual property how
Users must conduct themselves, including any prohibited behavior limitations
on liability and disclaimers the
Company's privacy policy
WHO
NEEDS A TERMS OF USE AGREEMENT?
Almost every website or application that provides a service or product
has a Terms of Use Agreement.
Here are some examples of websites and apps that use a Terms of Use
Agreement:
E-Commerce Company - Ebay,
Amazon, Target, Gap Social Media Website or Application
- Facebook, Instagram, Twitter, Snapchat |
|
Search Engine- Google,
Yahoo, Bing Website or Application Providing a
Service or Product- YouTube, Apple, Uber Gaming Website or Application -
Playstation, Pokemon Go, Candy Crush
WHAT SHOULD BE INCLUDED IN A TEMS OF USE?
A simple Terms of Service should generally have at least the
following:
Who is the Company providing the service or
product What is the service or product provided by the
Company Where is the Company's website When will the agreement terminate Why might the User not be granted access to
the website How does the User agree to accept the Terms of
Service
The Company can tailor the rules and regulations, or terms of use,
according to the service or product it provides and its specific needs. The
Terms of Use Agreement can be posted on the Company's website either as a
browsewrap agreement or a clickwrap agreement.
OTHER NAMES
As a reference, a Terms of Use Agreement is
known by other names:
Terms of Service Agreement Terms and Conditions User Agreement Statement of Rights and
Responsibilities Disclaimer TOU ToS TOS TOC |