Please read these Terms of Service ("Terms",
"Terms of Service") carefully before using the www.mikellyfarms.com
website (the "Service") operated by Mikelly Farms, LLC
("us", "we", or "our").
Your access to and use of the Service is conditioned upon
your acceptance of and compliance with these Terms. These Terms apply to all
visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by
these Terms. If you disagree with any part of the terms then you do not have
permission to access the Service.
Purchases
If you wish to purchase any product or service made
available through the Service ("Purchase"), you may be asked to
supply certain information relevant to your Purchase including, without
limitation, your credit card number, the expiration date of your credit card,
your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right
to use any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct and
complete.
The service may employ the use of third party services for
the purpose of facilitating payment and the completion of Purchases. By
submitting your information, you grant us the right to provide the information
to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any
time for reasons including but not limited to: product or service availability,
errors in the description or price of the product or service, error in your
order or other reasons.
We reserve the right to refuse or cancel your order if fraud
or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on
the Service. We may experience delays in updating information on the Service
and in our advertising on other web sites. The information found on the Service
may contain errors or inaccuracies and may not be complete or current. Products
or services may be mispriced, described inaccurately, or unavailable on the
Service and we cannot guarantee the accuracy or completeness of any information
found on the Service.
We therefore reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively,
"Promotions") made available through the Service may be governed by
rules that are separate from these Terms Conditions. If you participate in any
Promotions, please review the applicable rules as well as our Privacy Policy.
If the rules for a Promotion conflict with these Terms of Service, the
Promotion rules will apply.
Intellectual Property
The Service and its original content, features and
functionality are and will remain the exclusive property of Mikelly Farms, LLC
and its licensors. The Service is protected by copyright, trademark, and other
laws of both the United States and foreign countries. Our trademarks and trade
dress may not be used in connection with any product or service without the
prior written consent of Mikelly Farms, LLC.
Links To Other Web Sites
Our Service may contain links to third party web sites or
services that are not owned or controlled by Mikelly Farms, LLC.
Mikelly Farms, LLC has no control over, and assumes no
responsibility for the content, privacy policies, or practices of any third
party web sites or services. We do not warrant the offerings of any of these
entities/individuals or their websites.
You acknowledge and agree that Mikelly Farms, LLC shall not
be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such third party web
sites or services.
We strongly advise you to read the terms and conditions and
privacy policies of any third party web sites or services that you visit.
Termination
We may terminate or suspend your access to the Service
immediately, without prior notice or liability, under our sole discretion, for
any reason whatsoever and without limitation, including but not limited to a
breach of the Terms.
All provisions of the Terms which by their nature should
survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
Indemnification
You agree to defend, indemnify and hold harmless Mikelly
Farms, LLC and its licensee and licensors, and their employees, contractors,
agents, officers and directors, from and against any and all claims, damages,
obligations, losses, liabilities, costs or debt, and expenses (including but
not limited to attorney's fees), resulting from or arising out of a) your use
and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Mikelly Farms, LLC, nor its directors,
employees, partners, agents, suppliers, or affiliates, be liable for any
indirect, incidental, special, consequential or punitive damages, including
without limitation, loss of profits, data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or
use the Service; (ii) any conduct or content of any third party on the Service;
(iii) any content obtained from the Service; and (iv) unauthorized access, use
or alteration of your transmissions or content, whether based on warranty,
contract, tort (including negligence) or any other legal theory, whether or not
we have been informed of the possibility of such damage, and even if a remedy
set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is
provided on an "AS IS" and "AS AVAILABLE" basis. The
Service is provided without warranties of any kind, whether express or implied,
including, but not limited to, implied warranties of merchantability, fitness
for a particular purpose, non-infringement or course of performance.
Mikelly Farms, LLC its subsidiaries, affiliates, and its
licensors do not warrant that a) the Service will function uninterrupted,
secure or available at any particular time or location; b) any errors or
defects will be corrected; c) the Service is free of viruses or other harmful
components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain
warranties or the exclusion or limitation of liability for consequential or
incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance
with the laws of Minnesota, United States, without regard to its conflict of
law provisions.
Our failure to enforce any right or provision of these Terms
will not be considered a waiver of those rights. If any provision of these
Terms is held to be invalid or unenforceable by a court, the remaining
provisions of these Terms will remain in effect. These Terms constitute the
entire agreement between us regarding our Service, and supersede and replace
any prior agreements we might have had between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or
replace these Terms at any time. If a revision is material we will provide at
least 30 days notice prior to any new terms taking effect. What constitutes a
material change will be determined at our sole discretion.
By continuing to access or use our Service after any
revisions become effective, you agree to be bound by the revised terms. If you
do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact
us.
