Valley View Orchard Terms & Conditions
Sorry to lawyer up on You, but it is the world we live in and we hope you understand our boilerplate. We aimed for plain English instead of Legalese, but if you have any questions, concerns, or suggestions, please reach out to info@valleyvieworchardorganics.com
Agreement Between User (“You”) and Long Walk, LLC dba Valley View Orchard (“VVO”)
The www.valleyvieworchardorganics.com website (the "Site") is comprised of various web pages operated by VVO and is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes Your agreement to all such Terms. Please read these Terms carefully and keep a copy of them for Your reference.
Electronic Communications
Visiting the Site or sending emails to VVO constitute electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email, via SMS and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If You use the Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that VVO is not responsible for third party access to Your account that results from theft or misappropriation of Your account. VVO reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without VVO’s prior written consent. Any attempt by You to assign or transfer these Terms, without such consent, will be null and void and of no legal effect. VVO may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
VVO does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If You are under 18, You may use the Site only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of VVO and VVO is not responsible for the contents of any Linked Site with the exception of www.longwalkvineyard.com , including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. VVO is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by VVO of the Linked Site or any association with its operators.
Certain products, services or functionality are or may be made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site domain, You hereby acknowledge and consent that VVO may share such information and data with any third party with whom VVO has a contractual relationship to provide the requested product, service or functionality on behalf of Site users and VVO customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site, strictly in accordance with these Terms. As a condition of Your use of the Site, You represent and warrant to VVO that You will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All VVO content included on the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of VVO or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site without prior written permission from VVO. Products available or otherwise referenced on the Site are not intended for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected content. In particular, You will not delete or alter any proprietary rights or attribution notices in any content. You will use such protected content solely for Your personal use, and You will make no other use of the content without the express written permission of VVO and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. VVO does not grant You any licenses, express or implied, to the intellectual property of VVO or our licensors except as expressly authorized by these Terms.
International Users
The Site is controlled, operated and administered by VVO from our offices within the United States of America. If You access the Service from a location outside the US, You are responsible for compliance with all local laws. You agree that You will not use VVO content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to defend, indemnify, and hold harmless VVO, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of Your use of or inability to use the Site or services, any user postings made by You, Your violation of any of the terms of this Agreement, or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. VVO reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with VVO in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VVO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
VVO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. VVO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VVO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VVO 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 ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
VVO reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice.
Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between You and VVO as a result of this Agreement or of Your use of the Site. VVO's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of VVO's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by VVO with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between User and VVO with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between User and VVO with respect to the Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
Changes to Terms
VVO reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. VVO encourages You to periodically review the Terms to stay informed of our updates.
Contact Us
We welcome Your questions or comments regarding these Terms:
Valley View Orchard
1800 North Valley View Road
Ashland, OR, 97520
Email Address: info@valleyvieworchardorganics.com
Effective as of July 4, 2020