Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the
http://perrifarms.com website (the "Service") operated by A. Perri Farms, Inc. ("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 and Conditions, the Promotion rules will
apply.
Accounts
When you create an account with us, you
guarantee that you are above the age of 18, and that the information you provide us is accurate,
complete, and current at all times. Inaccurate, incomplete, or obsolete information may
result in the immediate termination of your account on the Service.
You are responsible for
maintaining the confidentiality of your account and password, including but not limited to the
restriction of access to your computer and/or account. You agree to accept responsibility for
any and all activities or actions that occur under your account and/or password, whether your
password is with our Service or a third-party service. You must notify us immediately upon becoming
aware of any breach of security or unauthorized use of your account.
You may not
use as a username the name of another person or entity or that is not lawfully available for use, a name
or trademark that is subject to any rights of another person or entity other than you,
without appropriate authorization. You may not use as a username any name that is offensive,
vulgar or obscene.
We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole
discretion.
Intellectual Property
The Service and its
original content, features and functionality are and will remain the exclusive property of A. Perri
Farms, Inc. 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 A.
Perri Farms, Inc..
Links To Other Web
Sites
Our Service may contain links to third party web sites or services that
are not owned or controlled by A. Perri Farms, Inc..
A. Perri Farms, Inc. 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 A. Perri Farms, Inc. 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
account and bar 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.
If you wish to terminate your account, you may simply discontinue using
the Service.
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 A. Perri Farms, Inc. 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,
by you or any person using your account and password, or b) a breach of these
Terms.
Limitation Of Liability
In no event shall A. Perri Farms, Inc., 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.
A. Perri Farms, Inc. 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 New York, 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.