Terms of Use - Organic Healthy Kids Snacks - Mountain Organic Foods

Mountain Organic Foods, LLC ("Morfoods," "we," "us," and "our") provides this web site (the “Web Site”) subject to these Terms of Use and all modifications thereto ("Terms of Use"). "You", "you" and "your" refer to each company, supplier, or person that uses this Web Site. All personal information collected through this Web Site is subject to our Website Privacy Policy which is incorporated herein by reference.

ACCEPTANCE OF TERMS THROUGH USE

BY ENTERING AND USING THIS WEB SITE, YOU AGREE TO THIS TERMS OF USE. IF YOU DO NOT AGREE TO ABIDE BY THIS TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS WEB SITE. WE MAY, AT OUR SOLE DISCRETION, UPDATE OR REVISE THIS TERMS OF USE AT ANY TIME. ANY UPDATES OR REVISIONS OF THIS TERMS OF USE WILL BE EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEB SITE. PLEASE CHECK THIS TERMS OF USE PERIODICALLY FOR UPDATES OR REVISIONS. YOUR CONTINUED ACCESS OR USE OF THIS WEB SITE FOLLOWING THE POSTING OF ANY UPDATES OR REVISIONS TO THIS TERMS OF USE CONSTITUTES CONFIRMATION OF YOUR ACCEPTANCE OF THIS TERMS OF USE AS UPDATED OR REVISED.

ALL SALES ARE FINAL.
Morfoods ships products worldwide by United States Postal Service. The risk of loss and title for products ordered on the Web Site pass to you when the products are delivered to the shipping carrier.

LICENSE

Morfoods grants you a limited, nonexclusive, revocable license to access and use the Morfoods Web Site. Further, Morfoods grants you a limited, nonexclusive and revocable right to create a hyperlink to the Morfoods Web Site, provided your link does not portray Morfoods, its affiliates, or our goods or services in a false, misleading, derogatory, or otherwise offensive manner.

ELECTRONIC COMMUNICATIONS

You agree that we may communicate with you electronically by way of e-mail or by posting notices on the Web Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

CONDITIONS AND RESTRICTIONS ON USE

You agree to use this Web Site only for lawful purposes.

You agree that you are responsible for obtaining access to the Web Site, including, but not limited to any third party fees (such as Internet service provider or airtime charges) involved in obtaining access and for all equipment necessary to access the Web Site.

You may not post on or transmit through the Web Site any data, text, music, sound, photographs, graphics, video, messages or other material ("User Content") that (i) is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; (ii) constitutes a breach of any person's privacy or publicity rights; (iii) violates any statute, regulation or ordinance; (iv) promotes software or services that deliver unsolicited mail; or (v) promotes, encourages, or facilitates terrorism or other activities that risk United States national security.

You may not upload, post, e-mail or otherwise transmit any User Content on or through the Web Site that (i) contains any viruses, Trojan horses, worms, cancel bots, time bombs, spyware or other computer programming routines that may damage or interfere with the operations of the Web Site or with other users of this Web Site, (ii) is knowingly untrue, inaccurate or misleading, (iii) interferes with the operation of the Web Site in any manner, or (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

You further agree that you will not:

(a) Impersonate any person or entity, including, but not limited to, a Morfoods officer, director, employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(b) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;

(c) Infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;

(d) Harvest, collect or store information about the users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;

(e) Use any automated procedure to gather information or data from the Web Site by means of what is commonly called a "bot" or otherwise;

(f) Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or breach or attempt to breach the security of software, networks, servers, data, computers or other hardware relating to the Web Site (or that of any third party that is hosting or interfacing with any part of the Web Site);

(g) Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site without the written permission of Morfoods; or

(h) Duplicate, copy or otherwise exploit the Web Site or its contents for commercial purposes.

Morfoods may, at its sole discretion, suspend or terminate your access to this Web Site, without prior notice, if Morfoods believes that your conduct fails to conform to this Terms of Use.

JURISDICTION, VENUE, STATUTE OF LIMITATIONS

This Terms of Use shall be governed by the laws of the State of Oregon, USA, without reference to its conflict of law principles. You agree that any action at law or in equity arising out of or relating to this Web Site, the Terms of Use, or the Services of Morfoods shall be filed exclusively in the state or federal courts located in Multnomah County, Oregon, and you hereby consent and submit to the personal jurisdiction of such courts.

You agree that regardless of any law or statute to the contrary, any claim or cause of action arising out of or relating to this Web Site, this Terms of Use, or the Services of Morfoods must be filed within one (1) year of the date the cause of action arose or be deemed waived and forever barred as untimely.

LIMITATION OF LIABILITY

IN NO EVENT WILL MORFOODS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEB SITE, EVEN IF MORFOODS OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE WEB SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MORFOODS’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Notwithstanding the fact that Morfoods or other parties involved in creating, producing, or delivering this Web Site may monitor or review transmissions, postings, discussions, or chats, Morfoods and all parties involved in creating, producing, delivering or operating this Web Site, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

INTELLECTUAL PROPERTY

Nothing within the Terms of Use and this Web Site shall be construed as conferring any license of any of Morfoods’ intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain content available through and used to operate this Web Site is protected by copyright, trademark, patent, or other proprietary rights by us and our affiliates, licensors, and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Web Site. You agree not to use any of the trademarks or service marks or other content accessible through this Web Site for any purpose other than the purpose for which such content is made available to you. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of this Web Site. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer this Web Site or any software or programs used in connection with this Web Site.

Morfoods will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of Morfoods' materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

CLAIMS OF COPYRIGHT INFRINGEMENT AND OTHER DISPUTES

Morfoods respects the intellectual property rights of others, and require that the people who use our Web Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the corporate office named below:
Mountain Organic Foods, LLC
920 Country Club Dr.
Suite 1A
Moraga, CA 94556
USA

Your name, address, telephone number, and e-mail address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you notify Morfoods of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, user content and other material on the Morfoods Web Site (collectively "Content") that is allegedly infringing, defamatory, damaging, illegal, or offensive, Morfoods may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Morfoods Web Site. Morfoods may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Morfoods Web Site; or (iii) to protect the rights or property of Morfoods and its officers, directors, employees, agents, third-party content providers, suppliers, sponsors, and licensors and any other user.

LINKS TO OTHER WEB SITES

Although this Web Site may be linked to other web sites, Morfoods is not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked web site, unless specifically stated herein.

Morfoods is not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their web sites. Morfoods does not assume any responsibility or liability for the actions, products, and content of any other third parties. You should carefully review the privacy statements and other conditions of use of any web site which you access through a link from this Web Site.

Your linking to any other off-site pages or other web sites is at your own risk.

WARRANTY DISCLAIMER

THIS WEB SITE, AND THE INFORMATION AND ANY CONTENT CONTAINED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, MORFOODS AND ITS AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, RELIABILITY, COMPLETENESS OR TIMELINESS, USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE, OR OTHERWISE OF THIS WEB SITE OR THE SITE CONTENT THEREON; (II) ANY WARRANTY THAT THIS WEB SITE AND MORFOODS’ OTHER WEB SITES WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED OR ERROR FREE; AND (III) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR LICENSEE'S PURPOSE, TITLE, INFORMATIONAL CONTENT, NONINTERFERENCE AND NONINFRINGEMENT.

MORFOODS MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEB SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. IF YOU USE THIS WEB SITE FROM LOCATIONS OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS OF THE JURISDICTION FROM WHICH YOU ACCESS THIS WEB SITE, INCLUDING WITHOUT LIMITATION, THE EXPORT AND IMPORT REGULATIONS OF OTHER COUNTRIES.

INDEMNIFICATION

You agree to defend and indemnify Morfoods and its employees and suppliers from any claim or demand, including reasonable attorney’s fees, arising from your failure to comply with this Terms of Use, your violation of any law or the rights of a third party.

ADDITIONAL TERMS

If any provision of this Terms of Use is held to be invalid or unenforceable, in whole or in part, such holding shall not affect the validity or enforceability of the other provisions of this Terms of Use, and any part of such provision not held invalid or unenforceable shall remain in effect.

If such holding of invalidity or unenforceability is based on a measure of liability, performance, or time set as a standard in this Terms of Use, such provision shall be replaced by a legally valid measure of liability, performance, or time which is as close as possible to that originally specified.

Notwithstanding anything herein to the contrary, the "Warranty Disclaimer" and the "Limitation of Liability" language shall survive the termination of this Terms of Use.

The provisions of this Terms of Use will inure to the benefit of and be binding upon Morfoods and its successors and assigns, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons.

You and the persons you represent may not assign this Terms of Use or the rights and obligations under this Terms of Use without the express prior written consent of Morfoods, which may be withheld in Morfoods' sole discretion.

Morfoods may assign this Terms of Use and its rights and obligations under this Terms of Use without your consent or the consent of any persons you represent.

Nothing contained in this Terms of Use shall be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

MORFOODS’ FAILURE TO ENFORCE ANY PROVISION OF THE TERMS OF USE OR TO ACT WITH RESPECT TO A BREACH OF THE TERMS OF USE BY YOU SHALL NOT BE DEEMED A WAIVER OF SUCH PROVISION NOR OF MORFOODS’ RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES, NOR OF MORFOODS’ RIGHT TO ENFORCE SUCH PROVISION.

EFFECTIVE DATE

This Terms of Use is effective as of August 27, 2009. Morfoods may amend this Terms of Use to reflect industry initiatives, changes in law or technology or the features of our website, among other requirements.

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