1. General Rules and Definitions
Cypress Grove Chevre, Inc. (“CYPRESS GROVE”) maintains this site (the “Site”) as a service to you. Please feel free to browse the Site. Your access to and use of the Site is subject to the terms and conditions set forth below (“Terms”). Please read these Terms carefully. These Terms may have changed since your last visit to the Site. By using the Site, you indicate your acceptance of these Terms and the Privacy Policy. If you do not accept these Terms, please do not access and use the Site.
2. Use of the Site and Content
Unless otherwise specified, the content of the Site are presented solely for the purpose of providing information about and promoting the products of CYPRESS GROVE (“Products”). You may use the content of the Site so long as you do not modify, misrepresent, distort or mislead as to the accuracy of the information contained in the Site. CYPRESS GROVE may alter, suspend, or discontinue the Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
No part of the Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that CYPRESS GROVE authorizes you to view, reproduce, download to your computer, and/or print and distribute any documents (collectively, “Download Content”) as such Download Content may be made available on the Site, subject to the following conditions:
(a) The Download Content may be used only for your personal noncommercial, educational and informational purposes; however, if you are a retailer of the Products or a journalist writing about CYPRESS GROVE and the Products, you may use the Download Content for your business purposes in promoting and informing the public of CYPRESS GROVE and the Products.
(b) The Download Content may not be modified.
(c) Copyright, trademark, and other proprietary notices may not be removed from the Download Content.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any portion of the Site or any Download Content made available on the Site, through “hacking” or any other unauthorized access or through the use of framing, “deep linking”, use of a “robot”, “bot”, “spider”, “data mining” or similar automated method, or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of CYPRESS GROVE and such third party, if any, that may own the trademark or copyright of the relevant material or Download Content displayed on the Site. This restriction does not apply to robots, bots, spiders or other similar automated methods to index the content of the Site for use in connection with leading search engines and Internet directories.
3. Products
Here at CYPRESS GROVE, we take pride in providing delicious, high quality cheese. Please see our Shipping Guidelines and General Handling Procedures to learn of our recommendations for delivery and storage of your Products to help maintain the quality of your cheese.
4. Children under the Age of 18
Children under the age of 18 may use the Site for informational purposes only. Children under the age of 18 must obtain the prior written consent of a parent or guardian to submit any information or materials to the Site. You agree to make CYPRESS GROVE aware of such parental or guardian consent as required in the ordinary course of business with CYPRESS GROVE.
5. Copyright and Trademark Information
The Site and the information and materials that it contains are the property of CYPRESS GROVE, its affiliates and licensors and are protected from unauthorized reproduction and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners. Use of the trade name and trademarks of CYPRESS GROVE, and trade names and trademarks confusingly similar thereto, without the express written authorization of CYPRESS GROVE is prohibited.
6. Accuracy and Safety of Content and Future Modifications to the Site
While CYPRESS GROVE uses reasonable efforts to include accurate and up-to-date information on the Site, CYPRESS GROVE does not represent or warrant that all of the information is accurate and free from errors or that the materials posted on, or made available or accessible through, the Site are safe to download. It is your responsibility to ascertain whether any material downloaded from the Site is free from viruses, worms, trojan horses, or other items of a potentially destructive nature. CYPRESS GROVE reserves the right to make changes to content, Product descriptions, and other information without obligation to notify any person of such changes. CYPRESS GROVE periodically adds or updates the information and Download Content on the Site without notice.
7. Privacy Policy
CYPRESS GROVE has established a Privacy Policy that identifies how CYPRESS GROVE collects, uses and shares the personal information of its customers and visitors to the Site. You can contact CYPRESS GROVE regarding the Privacy Policy as set out in the section entitled “For Additional Information” below.
8. Copyright Infringement
If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting CYPRESS GROVE's copyright agent (identified below) and providing the following information:
(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
(b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
(c) Your name, address, telephone number and (if available) e-mail address.
(d) A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
(e) A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
(f) A signature or the electronic equivalent from the copyright holder or authorized representative.
CYPRESS GROVE's agent for copyright issues relating to this Site is as follows:
Cypress Grove Chevre, Inc.
Attention: Legal - Copyright Issue
1330 Q Street
Arcata, CA 95521
Telephone Number: (707) 825-1100
Fax: (707) 825-1101
Email: legal@cypressgrovechevre.com
In an effort to protect the rights of copyright owners, CYPRESS GROVE maintains a policy for the termination, in appropriate circumstances, of users of the Site who are repeat infringers.
9. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INFORMATION AND DOWNLOAD CONTENT PROVIDED ON THE SITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, CYPRESS GROVE DOES NOT WARRANT THAT: (a) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (b) THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (c) DEFECTS WILL BE CORRECTED; OR (d) THE SITE OR THE SERVER THAT MAKE THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CYPRESS GROVE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF CYPRESS GROVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, (a) CYPRESS GROVE DISCLAIMS ALL LIABILITY AND INJURY ARISING FROM YOUR FAILURE TO COMPLY WITH CYPRESS GROVE RECOMMENDATIONS INCLUDED IN THE SHIPPING GUIDELINES AND THE GENERAL HANDLING PROCEDURES; AND (b) CYPRESS GROVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR THE INFORMATION CONTAINED ON THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF ONE HUNDRED UNITED STATES DOLLARS OR THE AMOUNT, IF ANY, YOU PAID TO CYPRESS GROVE FOR PRODUCT PURCHASES.
11. Links to Third-Party Site and Reference to Third Parties and Their Products
The Site may contain links to third party sites. These links are provided to you as a convenience, and CYPRESS GROVE is not responsible for the content of any linked site. Any third party site accessed from the Site is independent from CYPRESS GROVE, and CYPRESS GROVE has no control over any content of any third party site. In addition, a link to any third party site does not imply that CYPRESS GROVE endorses or accepts any responsibility for the content or use of such site, and any reference on the Site to any third party, or third party product or service, should not be construed as an approval or endorsement by CYPRESS GROVE of that third party or of any product or service provided by any third party.
12. Jurisdictional Issues
The Site is on servers located in the United States and CYPRESS GROVE content is intended for use in the United States. CYPRESS GROVE makes no representation that information on the Site is appropriate or available for use outside the United States. CYPRESS GROVE does not ship Products to locations outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws to the extent local laws are applicable.
13. Submissions to CYPRESS GROVE
CYPRESS GROVE is entitled to use all information and materials you may submit to the Site for any purpose without restriction (except as explicitly provided in the Privacy Policy) or compensation in any form or attribution to the person submitting the information and materials. You hereby grant to CYPRESS GROVE a worldwide, irrevocable, transferable, royalty-free, perpetual, non-exclusive license, with the right to sublicense, to use, reproduce, modify, adapt, create derivative works from, distribute, perform, display, translate and publish your submitted information and materials, in whole or in part, in any form, media or technology, now known or hereafter developed for any purpose. You represent and warrant that you have all rights to grant the license and permission above.
14. Enforcement of Terms
These Terms are governed and interpreted pursuant to the laws applicable in the State of California, United States, without regard to principles of conflicts of law.
All disputes arising out of or relating to these Terms shall be finally resolved by arbitration conducted in the English language in San Francisco, California, United States under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement, and CYPRESS GROVE shall be entitled to seek injunctive relief or other equitable remedies from any court of competent jurisdiction.
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. CYPRESS GROVE may, at its sole discretion and without notice, revise these terms at any time by updating this posting. By accessing and/or using the Site and any information and materials made available on or through the Site, you agree that such activity will be subject to the then current Terms. You, therefore, should periodically visit this page to review the then-current Terms to which you are bound.
15. Indemnification
By using the Site, you agree to indemnify, hold harmless and defend CYPRESS GROVE from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Site and its content.
16. Entire Agreement
The Terms, any enrollment agreement and any other written agreement you enter into with CYPRESS GROVE, are the entire agreement between you and CYPRESS GROVE relating to the subject matter herein and shall not be modified except in writing signed by you and CYPRESS GROVE or, in the case of changes to the Terms, by a new posting by CYPRESS GROVE, as described above.
17. For Additional Information
If you have any questions about the Terms, please contact CYPRESS GROVE in writing at the following addresses:
Cypress Grove Chevre, Inc.
Attention: Legal - Terms of Use
1330 Q Street
Arcata, CA 95521
Telephone Number: (707) 825-1100
Fax: (707) 825-1101
Email: legal@cypressgrovechevre.com
Any questions regarding the Privacy Policy or CYPRESS GROVE's processing of personal information should be sent in writing to the following addresses:
Telephone Number: (707) 825-1100
Fax: (707) 825-1101
Email: legal@cypressgrovechevre.com
Revision Date: September 1st, 2006
Copyright © 2006 Cypress Grove Chevre, Inc. All rights reserved. |
