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Terms & Conditions
Welcome to HoneyDogFarm.com. In these Terms of Service/Visitor Agreement (the “Visitor Agreement”), the terms “Honey Dog Farm,” “we,” “us,” and “our” refer to Honey Dog Farm, LLC. and the terms “you” and “your” refer to you as a user of our websites, including https://honeydogfarm.com/, and all other products and services provided by Honey Dog Farm (collectively, the “Honey Dog Farm Services “).
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE SERVICES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.
I. General Provisions
- By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and Honey Dog Farm; please read it carefully. When using this website, you may be subject to other posted terms and guidelines applicable to certain services available on this website. All terms and guidelines on this website, including our Privacy Statement Privacy Statement, are part of this Visitor Agreement. Unless explicitly stated otherwise, any products or services available at any time on this website are subject to this Visitor Agreement. Accessing this website in any manner, even through automated means, constitutes your use of the website and your agreement to be bound by this Visitor Agreement. Honey Dog Farm may change the terms of this Visitor Agreement from time to time and will revise the effective date when it does so. Your continued use of this website after the posted effective date constitutes your agreement to be bound by this Visitor Agreement as modified, except that modifications do not apply to any dispute arising prior to their effective date. Honey Dog Farm may change, restrict access to, suspend, or discontinue this website, or any portion thereof.
- The material that appears via the Honey Dog Farm Services is for general informational purposes only. While we aim to provide services that are useful, be mindful that the Honey Dog Farm Services may, from time to time, contain errors. Our site includes materials and information collected from and provided by third parties that we may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this website, and you should not rely on it without independent verification.
- We invite you to bring to our attention any materials or information on our website that you believe to be inaccurate. Please forward a copy of the materials or information to us at CONTACT FORM, along with an explanation of the inaccuracies.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE SERVICES.
II. Eligibility to Use the Honey Dog Farm Services
The Honey Dog Farm Services are intended for legal use by adults only and are not directed to children under the age of 18. You may not use the Honey Dog Farm Services in any manner if you are under the age of 18 and any registration by anyone under 18 is void. By accessing or using the Services and thereby agreeing to the terms of the Visitor Agreement, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Honey Dog Farm Services; and (3) that your use of the Honey Dog Farm Services is in compliance with any and all applicable laws and regulations.
III. Third-Party Services
- For your convenience, we make available a variety of links to other websites that we do not operate where you can obtain other products and services.
- Although we make available links to the websites of third-party providers of products and services, we are not responsible for the prices, terms, quality, reliability, or performance of the products or services provided by them. Your correspondence or business dealings with, or participation in the promotions of, vendors or other third parties found on or through our website, including payment and delivery of goods or services and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage incurred as the result of such dealings with or the presence of such third parties on our website.
- For your convenience, we make available links to websites operated by dealers that list their vehicles on the Honey Dog Farm website. Although we or our affiliates may power some of these dealer websites, we are not responsible for any of the content that appears on these websites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse, or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our website, or that may be accessible through a link from our website, and you release Honey Dog Farm and our affiliates from any damages that you may incur, and agree not to assert any claims against any of them, arising from your entry, participation, or acceptance of any prize in any such sweepstakes or contest offer.
Ownership and Permissions
- The materials on this website are the property of Honey Dog Farm or its licensors, and are protected by U.S. laws, other intellectual property laws, and international conventions. Except as explicitly provided in this Visitor Agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this website. You may display and occasionally print a single copy of any page of this website for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this website without the prior written consent of the owner of such materials. You may not store any significant portion of, nor distribute copies of, materials found on this website, in any form (including electronic form), without prior written permission from the owner of such materials. Requests for permission to reproduce or distribute materials found on Honey Dog Farm should be sent to us at CONTACT FORM.
- You are free to establish a hypertext link to this website so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your website by Honey Dog Farm or any of our affiliates. However, without our prior written permission, you may not frame any of the content of Honey Dog Farm, nor incorporate into another website or service any intellectual property of Honey Dog Farm or its licensors. Requests for permission to frame our content or use our content in any way that is not expressly described in this Visitor Agreement should be sent to us at CONTACT FORM.
- You acknowledge that by transmitting or posting any material on or through our website, you grant us, or anyone authorized by us, an unrestricted, non-exclusive, worldwide, royalty-free, perpetual, irrevocable, license to use, modify, perform, display, broadcast, reproduce, create derivative works from, transmit, sell or otherwise use, exploit or distribute, at no cost whatsoever, all such material (including, without limitation, all intellectual property rights embodied therein), in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose. The foregoing license includes the right to exploit any proprietary rights in such material, including, but not limited to, rights under copyright, trademark, or patent laws that exist in any applicable jurisdiction. Also, in connection with the exercise of these rights, you grant us and anyone authorized by us, the right to identify you as the author of such material by name, email address or user name, and to use your image and likeness if provided, in connection with such material. You will not receive any compensation of any kind for the use of any material you transmit or post via the website. Among other uses of user materials, Honey Dog Farm uses listings data to derive useful information (such as vehicle valuation information) for display, sale and distribution.
- There are various types of content involved in providing and operating the Honey Dog Farm Services. Throughout the remainder of this Visitor Agreement, we will use the term “Content” to mean all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Services. “Honey Dog Farm Content” means Content that Honey Dog Farm makes available to you through the Services, including Content owned by Honey Dog Farm or licensed to Honey Dog Farm from a third party (excluding User Content). “User Content” means Content posted, uploaded, published, submitted, transmitted, or otherwise made available through the Honey Dog Farm Services by a user, including all copyrights, inventions, and other Intellectual Property rights. “Collective Content” collectively refers to all of the Content available through the Honey Dog Farm Services, including Honey Dog Farm Content and User Content.
- All Honey Dog Farm Content is owned by Honey Dog Farm or its third party licensing partners. Your use of the Honey Dog Farm Services does not grant you any rights to the use or control of any of the Honey Dog Farm Content, except those rights expressly granted by this Visitor Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the Homey Dog Farm Content, including by caching, framing or any similar means, without the prior written consent of Honey Dog Farm is strictly prohibited.
- The Honey Dog Farm Services and Honey Dog Farm Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in this Visitor Agreement, Honey Dog Farm and its licensors exclusively own all right, title and interest in and to the Honey Dog Farm Services and Honey Dog Farm Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Honey Dog Farm Services or Honey Dog Farm Content. Honey Dog Farm or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the Honey Dog Farm Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the “look and feel” of the Honey Dog Farm Services, and copyrighted works associated with the Honey Dog Farm Services is common law and/or registered copyrights, trademarks, and/or
- You should assume that everything you read or see on the Services is copyrighted or otherwise protected and owned by Homey Dog Farm, or a third party who licensed the right to use such content to Honey Dog Farm. Unless otherwise expressly noted, nothing that you read or see on the Honey Dog Farm Services or other Collective Content, or any of the source code or HTML code that Honey Dog Farm uses to generate the Honey Dog Farm Services may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Honey Dog Farm or the appropriate Content owner without prior written consent, except as provided in this Visitor Agreement or otherwise permitted by relevant law.
- No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Honey Dog Farm’s prior written permission, with the exception of your own User Content that you legally post on the Honey Dog Farm Services. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.
- Honey Dog Farm is not the publisher or speaker of User Content, or any other information on the Services provided by third party content providers, and Honey Dog Farm is not liable for any claims related to such information. Any mention in the Honey Dog Farm Services of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Honey Dog Farm. Honey Dog Farm assumes no responsibility for those products or services.
- You assume total responsibility and risk for your User Content and any use of any interactive areas of our website. You acknowledge that any of the user-generated content posted or transmitted through our website represents the views of the author, and not of Honey Dog Farm. You also acknowledge that your use of or reliance on such content is at your own risk.
- Subject to your compliance with these terms of this Visitor Agreement, Honey Dig Farm grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Honey Dog Farm Services and the content available through the Honey Dog Farm Services as intended.
- You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or Collective Content, except as expressly permitted in this Visitor Agreement. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in this Visitor Agreement. Any use of the Honey Dog Farm Services or the Collective Content other than as specifically authorized herein, without the prior written permission of Honey Dog Farm, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this Visitor Agreement shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by Honey Dog Farm at any time without notice and with or without cause.
- Certain features of the Honey Dog Farm Services may permit our users to post, upload, publish, submit, or transmit User Content they created, owned, or are authorized to use, to be made available through the Honey Dog Farm Services. By making available User Content through the Honey Dog Farm Services, you hereby grant to Honey Dog Farm and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other such parties as Honey Dog Farm may designate from time to time, which may include any or all other users of the Honey Dog Farm Services, an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to use, reproduce, access, view, copy, adapt, import, edit, modify, reformat, translate, post, distribute, license, sell, offer to sell, transfer, commercialize, publicly display, publicly perform, transmit, stream, broadcast, create derivative works from, and otherwise utilize such User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including, without limitation, on or within the Honey Dog Farm Services, or for advertising or marketing of the Honey Dog Farm Services, as well as a license to use your name and likeness in marketing materials and in the Honey Dog Farm Services to promote your use of the Honey Dog Farm Services. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of Honey Dog Farm once you have submitted User content within the Honey Dog Farm Services.
- Your grant of this license to Honey Dog Farm to utilize your User Content and any derivative works of the User Content created by using the Honey Dog Farm Services does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the content you share as User Content. Honey Dog Farm does not claim ownership rights in your User Content and nothing in this Visitor Agreement will be deemed to restrict any rights that you may have to use and exploit any such User Content.
- You acknowledge and agree that you are solely responsible for all User Content that you make available through the Honey Dog Farm Services. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Honey Dog Farm Services, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant Honey Dog Farm the rights in such User Content contemplated under this Visitor Agreement; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or Honey Dog Farm’s use of the User Content (or any portion thereof) on, through, or by means of the Honey Dog Farm Services will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Honey Dog Farm Services.
- As a condition of your use of the Honey Dog Farm Services, you agree not to use the Honey Dog Farm Services: (1) for any illegal purpose; (2) for any purpose that is prohibited by this Visitor Agreement; or (3) for any other purpose not reasonably intended by Honey Dog Farm as typical or expected use of the Honey Dog Farm Services consistent with the purposes for which the Honey Dog Farm Services were created. When publishing anything to our site or using any social media tools or interactive features, you agree that you will not post or transmit:
- any copyrighted material unless you own or control the copyright in and to such material;
- material that is: knowingly false and/or defamatory, inaccurate, libelous, tortuous, abusive, vulgar, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, obscene, profane, sexually oriented, invasive of a person’s privacy, or is otherwise objectionable or in violation of any applicable law, rule, or regulation;
- material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights;
- profanity in subject lines, messages, or signatures;
- any material containing viruses, Trojan horses, worms, or any other disruptive or harmful component;
- material that breaches another’s privacy, i.e., containing phone numbers, addresses, or other personal information;
- spam, including, but not limited to, junk mail, chain letters, unsolicited bulk email or duplicative messages, excessive cross-postings, and material that is unrelated to the forum in which it is posted;
- material that contains advertisements or commercial solicitations; or
- material discussing illegal activities or linking to websites that deal with such activities.
- You further agree that you will not attempt or do any of the following:
- interfere with or disrupt the Honey Dog Farm Services or our computer systems, servers, or networks;
- attempt to gain unauthorized access to any part of the website, to accounts that belong to other users, or to computer systems or networks connected to the website;
- engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders or otherwise;
- collect information about others without their consent;
- interfere with the use of our website by any other individual or party;
- impersonate any person, or otherwise attempt to mislead others about your identity, or post material under secondary
- share any user name and/or password you have on our website with any other persons.
- Without limiting any of Honey Dog Farm’s other rights or remedies, a violation of any of the above may result in the removal of any content you have transmitted or posted, revocation of any accounts you have with the Honey Dog Farm Services, and/or a ban from creating new accounts.
- Although Honey Dog Farm cannot monitor all of the listings and content posted to our website, we reserve the right (but assume no obligation) to delete, move, condense or edit any ads, ratings, reviews, content or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Visitor Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to us. However, we may occasionally monitor such communications as we believe is appropriate to comply with applicable laws, respond to legal process or a law enforcement request, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our advertisers, the public, us or our affiliates. Notwithstanding the foregoing, Honey Dog Farm takes no responsibility and assumes no liability for any content posted to our website by you or by third parties.
You agree that we may, under some circumstances and without prior notice to you, terminate your use of and access to any of the parts of our Honey Dog Farm Services to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of this Visitor Agreement or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the website, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the website or any part of the website.
VII. Disclaimer of Warranties, Limitation of Liability, and Indemnification
- IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT, OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED TO YOU “AS IS.” HONEY DOG FARM AND ITS AFFILIATES, AGENTS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THIS WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THIS WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HONEY DOG FARM AND ITS AFFILIATES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, OR JUDGMENTS ARISING OUT OF OR RELATED TO ANY CONTENT POSTED TO THIS WEBSITE BY YOU OR ANY THIRD PARTY.
- UNDER NO CIRCUMSTANCES WILL HONEY DOG FARM OR ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF HONEY DOG FARM AND ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATING TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE, TORTIOUS, OR ILLEGAL CONDUCT BY YOU OR ANY OTHER PARTY OR ANY INFRINGEMENT OF YOUR OR ANOTHER’S RIGHTS ARISING FROM OR IN CONNECTION WITH THIS WEBSITE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY.
- YOU AGREE TO INDEMNIFY HONEY DOG FARM AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE OR ANY BREACH OF THIS VISITOR AGREEMENT.
- To obtain access to certain Honey Dog Farm goods or services, you may be required to register for an account on our website (a “Honey Dog Farm Account”). As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing Honey Dog Farm through any username/password assigned to you. You will notify Honey Dog Farm of any known or suspected unauthorized use of your account via CONTACT FORM.
- Honey Dog Farm maintains the right to suspend or disable your access to the Honey Dog Farm Services and any Honey Dog Farm Account you may have created, at its sole discretion and without prior notice to you if you breach the terms of this Visitor Agreement, or if Honey Dog Farm otherwise determines such action is warranted. Honey Dog Farm reserves the right to revoke your access to and use of the Honey Dog Farm Services at any time, with or without cause, whether or not you have established a Honey Dog Farm Account.
- Honey Dog Farm reserves the right to disclose any information we collect through a Honey Dog Farm Accounts and registrations in accordance with our Privacy Statement.
IX. Email Notifications
As part of your use of the Honey Dog Farm Services, you may be asked to elect to receive certain email notifications from Honey Dog Farm and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Honey Dog Farm related to the Services. You may opt-out of receiving certain notifications in association with the Honey Dog Farm Services by completing the opt-out process provided to you with each email message or by logging into your Honey Dog Farm Account and modifying your settings to no longer receive further messages. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.
You consent to receive from Honey Dog Farm all communications, including notices, agreements, legally required disclosures or other information in connection with the Honey Dog Farm Services (collectively, “Notices”) electronically. Honey Dog Farm may provide such Notices by posting them on or within the Honey Dog Farm Services, by electronic mail to your email address on record in Honey Dog Farm’s account information, or by written communication sent by first class mail or pre-paid post to your address on record.
XI. Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Honey Dog Farm Services, nor any technical data related thereto, nor any direct product thereof, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Honey Dog Farm Services, you represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
XII. International Use
The Services are controlled and operated by Honey Dog Farm from within the United States. Honey Dog Farm makes no representations that materials contained within the Honey Dog Farm Services are appropriate or available for use in other locations, and access to the Services from locations where such activity is illegal is prohibited. Those who choose to use the Honey Dog Farm Services from other locations do so of their own initiative and are solely responsible for compliance with all applicable laws.
XIII. Choice of Law; Jurisdiction and Venue
This Visitor Agreement Use shall be construed in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any legal proceedings against Honey Dog Farm that may arise out of, relate to, or be in any way connected with our website, this Visitor Agreement or the Privacy Statement, and which are not subject to the arbitration provisions of Paragraph XI below, shall be brought exclusively in the state in Columbia County, New York and federal courts in Albany County, New York and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
XIV. Dispute Resolution; Binding Arbitration
In the Dispute Resolution Section only, “we” and “us” are used to refer to you and Honey Dog Farm together.
- We each agree to first contact each other with any Disputes (defined below) and provide a written description of the problem and the proposed resolution. You agree to contact us with Disputes by contacting us at the address provided in Article XI.B.2 below. We will contact you based on the contact information you have provided us.
- We each agree to finally settle all Disputes (as defined and subject to any specific exceptions below) only by arbitration. In arbitration, there’s no judge or jury and review is limited. However, just as a court would, the arbitrator must honor the terms and limitations in the Visitor Agreement and can award the prevailing party(ies) damages and relief. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (“FAA”), and judgment on the award may be entered in any court with jurisdiction. We each also agree as follows:
- “Disputes” are any claims or controversies against each other related in any way to the Honey Dog Farm website, the content of the Honey Dog Farm website, this Visitor Agreement or the Privacy Statement – this includes claims you bring against our employees, agents, affiliates or other representatives, and claims Honey Dog Farm may bring against you; provided, however, that any issues relating to Honey Dog Farm’ intellectual property rights, including any such rights Honey Dog Farm claims that may be in dispute, shall only be subject to arbitration if our president agrees in writing to have such subject to arbitration.
- If either of us wants to arbitrate a Dispute, we agree to send written notice to the other providing a description of the Dispute and the proposed resolution. We will send notice to you based on the contact information you have provided us and notice must be sent to us. We agree to make attempts to resolve the Dispute. If the parties cannot resolve the Dispute within forty-five (45) days of receipt of the notice to arbitrate, then either of us may submit the Dispute to formal arbitration.
- The FAA applies to this Agreement and arbitration provision. We each agree the FAA’s provisions, not state law, govern all questions of whether a Dispute is subject to arbitration.
- The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. In the event AAA is unwilling or unable to set a hearing date within forty-five (45) days of the filing of a “demand for arbitration”, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) or any other mutually agreeable arbitration administration service. You can obtain procedures, rules, and fee information from the AAA at 1-800-778-7879 or www.adr.org. and from JAMS at (949) 224-1810 or http://www.jamsadr.com. If applicable law requires Honey Dog Farm to pay a greater portion of the arbitration fees then provided under the applicable arbitration service’s rules in order for the arbitration provision to be enforceable, Honey Dog Farm shall have the discretion to elect to pay such fees and proceed to arbitration. Discovery shall be permitted pursuant to the applicable arbitration rules. The arbitrator’s award will consist of a written statement stating the disposition of each claim and will provide a statement of the essential findings and conclusions on which the award is based. The award shall be enforceable by any court with jurisdiction over the parties.
- The arbitration will be conducted by a single neutral arbitrator who is a lawyer or a retired judge. If an in-person hearing is required, the arbitration hearing will be conducted in the metropolitan statistical area in which you are a resident at the time the Dispute is submitted for arbitration. The federal or state law that applies to the terms of this Visitor Agreement will also apply during the arbitration.
- We each agree not to pursue arbitration on a classwide basis. We each agree that any arbitration will be solely between you and us (not brought on behalf of or together with another individual’s claim). If for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the Dispute must be brought in court. The provisions of this Section will not apply to any legal action taken by Honey Dog Farm to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website, any Website Content, your User Content and/or Honey Dog Farm’ intellectual property rights.
- Except where prohibited or limited by applicable law, the prevailing party(ies) in the arbitration will be entitled to recover its costs and expenses, including reasonable attorneys’ fees and experts’ fees, which are incurred in connection with the arbitration.
- Notwithstanding the foregoing, either of us may bring qualifying claims in small claims court
XV. No Class Actions
TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND HONEY DOG FARM WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
XVI. No Trial By Jury
TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND HONEY DOG FARM WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
XVII. Entire Agreement
This Visitor Agreement, including the incorporated Honey Dog Farm Privacy Statement, constitutes the entire agreement between users of the Honey Dog Farm Services and Honey Dog Farm regarding users’ use of and access to the Honey Dog Farm Services. Your use of the Honey Dog Farm Services is intended for your enjoyment and benefit and the provision of the Honey Dog Farm Services to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Honey Dog Farm Services.
XVIII. Waiver & Severability
The failure of Honey Dog Farm to enforce any right or provision of the terms of this Visitor Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Visitor Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Visitor Agreement will remain in full force and effect.The failure of Honey Dog Farm to enforce any right or provision of the terms of this Visitor Agreement will not be deemed a waiver of such right or provision. In the event that any provision of this Visitor Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Visitor Agreement will remain in full force and effect.
XIX. Transfer & Assignment
This Visitor Agreement and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Honey Dog Farm. Honey Dog Farm may assign this Agreement upon ten (10) days prior written notice to you provided via email (if available) and by posting notice to the Honey Dog Farm Services. This Visitor Agreement shall be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.
XX. No Independent Contractor or Joint Venture
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
- We want potential customers visiting Honey Dog Farm to feel free to share their email addresses with others seeking goods and services on our website. By accessing this website, you agree not to use information concerning other users of Honey Dog Farm, or the goods and services they are interested in on this website (including user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase of goods and services on this website.We want potential customers visiting Honey Dog Farm to feel free to share their email addresses with others seeking goods and services on our website. By accessing this website, you agree not to use information concerning other users of Honey Dog Farm, or the goods and services they are interested in on this website (including user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase of goods and services on this website.
- Please report any violations of this Visitor Agreement to our Customer Service Manager.
XXII. How to Contact Us
If you have any questions or comments about this Privacy Statement or if you would like us to update information we have about you or your preferences, please contact us at CONTACT FORM.