Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to Heritage-River.com (the “Website”). These Terms and Conditions (the “Agreement”) apply to any access to or use of the Website, associated sites or content from this website. The Website is owned and operated by Heritage River LLC.
You agree that by using this website, you are at least 18 years of age, and legally able to enter into a contract, or visiting under the supervision of a parent or guardian. These terms control the relationship between Heritage River LLC and you. They do not create any third party beneficiary rights.
By using this website, including purchasing products from this website, or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms and Conditions.
It is your responsibility to review these Terms and Conditions periodically. We reserve the right to revise these Terms and Conditions at any time without notice to you. If you do not agree to these terms and conditions, you may not use this website. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
Heritage River LLC and any associated companies grant you a limited license to access and use this website for your personal use, and to copy, distribute, and transmit the content of this website only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidental to using the website for your personal use.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted in writing. You may not make any commercial use of any of the information provided on the Website, or make any use of the Website for the benefit of another business unless explicitly permitted by Heritage River LLC.
This license or access and use does not include any resale or commercial use of this website or its contents, any derivative use of this website or its contents; any downloading or copying of information; or any use of data mining, content scraping, robots, or data gathering and extraction tools.
Heritage River LLC and Heritage-River.com reserves the right to change the information, features and functions of this website without prior notice. We may refuse service, terminate accounts, and/or deny access to any or all parts of this website if you engage in any conduct or activities that we determine, in our sole discretion, violate this Agreement, our rights, or the rights of any third party for any reason. Use of the site for any illegal or unauthorized purpose is strictly prohibited.
As a condition of your use of this website, you warrant to us that you will not use this website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through this website.
Heritage-River.com may link to websites, products and services operated by third parties. Heritage River LLC is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Website, any website accessed from a Third Party Site, or any changes or updates to such sites.
These linked websites are only for your convenience and therefore you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Heritage River LLC and associated companies are not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the website administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
As an Amazon Associate I earn from qualifying purchases. Heritage River LLC may earn referral fees if something is purchased through affiliate links and this occurs with no additional cost to you. Any compensation received from these sellers does not influence the content, topics or posts on this blog.
The information contained on this website, or provided at your request, is for informational purposes only. Information found or received through this website should not be used in place of a visit with, call to, consultation or advice from a competent licensed professional. This website has not been evaluated by the Food and Drug Administration. This website should not be used to diagnose, treat, prevent or cure any disease or condition under any circumstances.
The products and information made available on this website are intended for personal use only. Prices and promotions are subject to change without notice. While the Website strives to provide accurate product and pricing information, pricing or typographical errors may occur. Heritage River LLC is not responsible for typographical errors. All typographical errors are subject to correction.
Terms of payment are within our sole discretion, and unless otherwise agreed to by us, payment must be received by us prior to our acceptance of an order. Payment is due at the time of purchase and will be processed when authorized during the purchase process. Orders are not binding upon us, until accepted by us. We reserve the right to refuse and refund any order or part of any order placed on or through this website.
All sales are considered final. Returns are only accepted if we accidentally shipped the wrong items as compared to the order sheet. In all cases, shipping and/or handling charges are non-refundable, unless we mailed the wrong order or the incorrect items.
Some services on the Website may permit or require you to create an account to participate and/or to secure additional features and/or benefits. You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify us at Webmaster@Heritage-River.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
By using this Website you consent to our collection and use of your personal information as described in our Privacy Policy, located at https://heritage-river.com/privacy-policy/ . If we change our privacy policies and procedures, we will post those changes on this site to keep you aware of what information we collect, how we use it, and under what circumstances we may disclose it.
We may suspend or terminate your account and your ability to use the website or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.
“Forum” means an area, site or feature offered as part of this website that offers the opportunity for users to post content for viewing by one or more website users, including the comment section of any blog post. Additionally, “Forum” includes any other website page or content area created by Heritage River LLC on one or more social media pages, including, but not limited to Facebook, Twitter, Google+, YouTube, Instagram, and Pinterest.
You acknowledge that Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any content posted to a public Forum. We cannot and do not guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk.
Additionally you grant Heritage River LLC the right to reprint, publish or otherwise use in a public manner any information posted in Forums. Furthermore, you also grant Heritage River LLC a worldwide, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise use any content posted on any Forum.
You agree to use the Forums only to post, send and receive messages and material that are proper and related to a particular Forum. By way of example, and not as a limitation, you agree that when using a Forum you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload any files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Forum specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying a Forum.
- Violate any code of conduct or other guidelines which may be applicable for any particular Forum.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
You are and will remain solely and completely responsible for the content you post on or through the website under your username or otherwise by you in any way and in any Forum and for the consequences of submitting and posting same. We have no duty or obligation to monitor any Forum, although we reserve the right to review material posted to a Forum and to remove any materials in our sole discretion.
We reserve the right to terminate your access to this website including any or all Forums at any time without notice for any reason whatsoever. We owe you no obligation, and therefore may refuse to post, deliver, remove, modify or otherwise use or take any action with respect to content you post on this website.
Additionally, you should be skeptical about information provided by others, and you acknowledge that the use of any content posted on any Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Forum and we specifically disclaim any and all liability in connection therewith.
All information, materials, images, software, photographs, articles, functions, text, video and other content (collectively, the “Content”) contained on or offered through the Website and all copyrights, trademarks, and other intellectual property rights in or relating to the Content are the sole property of Heritage River LLC, its licensors or content providers or other third parties. The Website and all of its Content and the selection and arrangement thereof, is protected as a compilation owned by Heritage River LLC under the copyright laws of the United States and other countries. Heritage River LLC may change the Website or delete any Content or features or services at any time, in any way, for any or no reason. Heritage River LLC reserves all rights not expressly granted in and to the Website and the Content.
Unless otherwise noted, Heritage River LLC and all other trademarks, service marks, trade names, and logos displayed on the Website are the trademarks, service marks, trade names, and logos of Heritage River LLC. All other trademarks, logos and service marks are the property of their respective owners. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, trade name, logo or service mark displayed on the Website without the owner’s prior written permission. Unauthorized use of Heritage River LLC and all other trademarks, service marks, trade names, and logos displayed on the Website is strictly prohibited.
The entire contents of the website and the technology underlying, including but not limited to text, graphics, images, audio files, videos, digital downloads, data compilation, or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Heritage River LLC and is protected by copyright and other intellectual property or proprietary rights. The collective work includes all works that are licensed to Heritage-River.com Copyright © 2018 Heritage River LLC. All rights reserved.
No instance of waiver by Heritage River LLC of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE WEBSITE AND THE PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HERITAGE RIVER LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
HERITAGE RIVER LLC AND ASSOCIATED COMPANIES DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
HERITAGE RIVER LLC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
HERITAGE RIVER LLC AND ASSOCIATED COMPANIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR MATERIALS ON THE SITE, EVEN IF HERITAGE RIVER LLC OR ASSOCIATED COMPANIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You shall indemnify, defend, and hold harmless Heritage River LLC from any costs, expenses, damages, and against all claims, demands, loss, lawsuits, action or proceedings, including judgments and attorney fees for damages to property, injury or life to third parties resulting or arising from your use of the Website, products, or services. Upon request by Heritage River LLC, you agree to defend, indemnify and hold harmless Heritage River LLC from all liabilities, claims and expenses, including attorneys fees, that arise from any claim, action or proceedings arising from or related to your use of the Website, products, or services. Heritage River LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Heritage River LLC in asserting any available defenses. Notwithstanding the foregoing, you are not required to indemnify Heritage River LLC for its own violations of applicable laws.
Your use of this website shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions. Except to the extent that applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Michigan, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Michigan.
Except where excluded by law, any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in the state of Michigan, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Heritage River LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms and conditions are applicable to you upon your accessing this website. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Applicable Law and Venue shall in all events survive any termination of these Terms and Conditions.
DMCA Notice
Heritage-River.com complies with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”).
If you believe that anything on the Website constitutes infringement of your copyright, please notify us using the following procedure:
The DMCA specifies that all infringement claims must be in writing (either electronic mail or paper letter) and must include the following:
- A physical or electronic signature of the copyright holder or a person authorized to act on his or her behalf;
- A description of the copyrighted work claimed to have been infringed (multiple claims of copyright works at a single online site are covered by a single notification);
- A description of the material that is claimed to be infringing and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Submit this information electronically to:
Webmaster@Heritage-River.com
Or physically to:
ATTN: DMCA Notice
Heritage River LLC
PO BOX 42
Holton, MI 49425
Heritage-River.com will respond to any DMCA complaints in a timely manner and will remove any material that is found to be a copyright infringement.