From time to time, we may update this Site and these Terms. Your use of this Site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version.
Shenandoah Valley Organic, LLC
Content on this Site that Shenandoah Valley Organic provides, LLC or its licensors, including certain graphics, photographs, images, screenshots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“Shenandoah Valley Organic, LLC Content”) is the property of Shenandoah Valley Organic, LLC and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
You agree not to download, display or use any Shenandoah Valley Organic, LLC content located on the Site in connection with products or services that are not those of Shenandoah Valley Organic, LLC, in any other manner that is likely to cause confusion among consumers, that dilutes the strength of Shenandoah Valley Organic, LLC or its licensor’s property, or that otherwise infringes Shenandoah Valley Organic, LLC’ or its licensors’ intellectual property rights. You further agree to in no other way misuse any Shenandoah Valley Organic, LLC Content or Third-Party Content that appears on this Site.
If you are a trademark or the copyright owner and believe that your trademark or copyright rights have been violated, please contact firstname.lastname@example.org.
Use of the Site/User Content
The following requirements apply to your use of the Site: (a) you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, intrusive on another’s privacy, harassing, libelous, defamatory, obscene, or threatening; (b) you will not upload, post, reproduce, or distribute any content, information, software, or other material that infringes on the intellectual property rights or other rights of any third party; and (c) you will not use the Site for any commercial purpose not expressly approved by Shenandoah Valley Organic, LLC in writing.
On certain areas of our Site, you may be able to submit written posts and certain other materials (“User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, infringing, pornographic, or violent; that you will not post any content that infringes or violates the rights of any third party; that you will not impersonate any person or organization, or misrepresent an affiliation with another person or organization; and you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or features of the Site.
By displaying, publishing, or otherwise posting any User Content on or through the Site, you at this moment grant to Shenandoah Valley Organic, LLC a non-exclusive, sub-licensable, worldwide, fully-paid, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any media now known or from now on developed, to the extent that such User Content is not deemed a work made for hire under the terms of your employment arrangement with Shenandoah Valley Organic, LLC. This license includes the right to host, index, cache, distribute, and tag any User Content. You represent and warrant that you own the content submitted, displayed, published, or posted by you on the Site and otherwise have the right to grant the license set forth herein.
You understand and agree that you have no ownership rights to the Site or the materials and features therein. Shenandoah Valley Organic, LLC may cancel your account and delete all User Content associated with your account at any time and without notice if Shenandoah Valley Organic, LLC deems that you have violated these Terms or the law. Shenandoah Valley Organic, LLC assumes no liability for any information removed from our Site and reserves the right to restrict access to the Site or a user account permanently.
You agree to indemnify and hold Shenandoah Valley Organic, LLC, its affiliates, parents, subsidiaries, officers, employees, and website contractors. Each of their officers, employees, and agents is harmless from any claims, damages, and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms, or any violations of these Terms by your dependents or which arise from the use of User Content you submitted, posted, or otherwise provided to Shenandoah Valley Organic, LLC or this Site.
Representations and Limitations of Liability
Shenandoah Valley Organic, LLC makes no representations about the reliability of the features of this Site, the Content, User Content, or any other Site feature and disclaims all liability in the event of any service failure. You acknowledge that reliance on such material or systems will be at your own risk. Shenandoah Valley Organic, LLC makes no representations regarding the time that any Content or User Content will be preserved.
Shenandoah Valley Organic, LLC does not endorse, verify, evaluate or guarantee any information users provide. Nothing shall be considered an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases, or other marketing materials, or include links to any sites which contain or suggest an endorsement by Shenandoah Valley Organic, LLC without the prior review and written approval of Shenandoah Valley Organic, LLC.
This site is provided on an “as is, as available” basis. No warranties, express or implied, including but not limited to merchantability or fitness for a particular purpose, are made concerning this site or any information or software therein. Under no circumstances, including negligence, shall Shenandoah Valley Organic, LLC is liable for any direct, indirect, incidental, special, punitive, or consequential damages that result from the use of or inability to use this site, nor shall Shenandoah Valley Organic, LLC be responsible for any damages whatsoever that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance whether or not caused by events beyond Shenandoah Valley Organic, LLC reasonable control, including but not limited to acts of god, communications line failure, theft, destruction, or unauthorized access to this site’s records, programs, or services. Under no circumstances, including but not limited to a negligent act, will Shenandoah Valley Organic, LLC lc or its affiliates or agents be liable for any damage of Shenandoah Valley Organic, LLC has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages; as a result, the above limitation or exclusion may not apply to you.
You and Shenandoah Valley Organic, LLC acknowledge and agree that no partnership has been formed. Neither you nor Shenandoah Valley Organic, LLC has the power or the authority to obligate or bind the other.
These Terms are governed by the laws of the state of Virginia in the United States of America. They are subject to federal, state, and local laws and regulations. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Terms shall be governed by, and construed by, the laws of Virginia, without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth herein and/or for entering any judgment on an arbitration award shall take place in the State of Virginia. Using this site, you now agree that any disputes regarding these Terms will be subject to the courts located in Virginia. These Terms operate to the fullest extent permissible by law. You agree that, to the extent permitted by applicable law, any disputes, claims, and causes of action arising out of or connected with the website, these terms, and/or the submission of and/or our use or distribution of content, will be resolved individually, without resort to any form of class action.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for the claimant) or at such other location as may be mutually agreed upon by the parties, by the procedural rules for commercial disputes outlined in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected under the JAMS Rules and Procedures. The arbitrator shall apply Virginia law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. Suppose the claimant can demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, Shenandoah Valley Organic. In that case, LLC will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. Suppose any part of this arbitration provision is deemed invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis) or otherwise conflicts with the rules and procedures established by JAMS. In that case, the balance of this arbitration provision shall remain in effect. It shall be construed by its terms as if the invalid, unenforceable, illegal, or conflicting provision were not contained herein. However, if the portion is deemed invalid, unenforceable, or illegal, claims will not be arbitrated on a class or representative basis. The entirety of this arbitration provision shall be null and void, and neither claimant nor Shenandoah Valley Organic, LLC shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. The arbitration of disputes under this agreement shall be in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. You agree that to the extent permitted by applicable law: (1) any disputes, claims, and causes of action arising out of or connected with the sites and/or this agreement, will be resolved individually through binding arbitration as set forth above, without resort to any form of class action; (2) any claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys’ fees be awarded or recoverable; (3) under no circumstances will you be permitted to obtain any award for, and you at this moment knowingly and expressly waive all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out of pocket expenses, and/or any rights to have damages multiplied or otherwise increased; and (4) your remedies are limited to a claim for money damages (if any), and you irrevocably waive any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to you.