Audubon Park, is a service mark of Global Harvest or its affiliates. All rights are reserved. These and other graphics, logos and service marks and trademarks of Global Harvest and its affiliates may not be used without prior written consent of Global Harvest or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on ghfoods.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of ghfoods.com is at User’s sole risk. Neither Global Harvest nor its affiliates nor any of their officers, directors, managers, members, employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that ghfoods.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of ghfoods.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through ghfoods.com. This site is provided by Global Harvest on an “as is” and “as available” basis. Global Harvest makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, Global Harvest disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Global Harvest will not be liable for any damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, punitive and consequential damages. No oral advice or written information given by Global Harvest or the Providers shall create a warranty; nor shall User rely on any such information or advice. Under no circumstance shall Global Harvest or any other party involved in creating, producing, or distributing ghfoods.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use ghfoods.com, including but not limited to reliance by User on any information obtained fromghfoods.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Global Harvest’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through ghfoods.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
A. PROPRIETARY RIGHTS
User acknowledges thatghfoods.comcontains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Global Harvest owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
B. THIRD-PARTY CONTENT
Global Harvest is a distributor and not a publisher of Content supplied by third parties and Users. Global Harvest has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Global Harvest, are those of the respective authors or distributors and not of Global Harvest or its affiliates or any of their officers, directors, managers, members, employees or agents. Neither Global Harvest nor its affiliates, nor any of their officers, directors, managers, members, employees or agents, nor any third party, including any Provider, or any other User of ghfoods.com, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through ghfoods.com represents the opinions and judgments of the respective Provider or User not under contract with Global Harvest. Global Harvest neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on ghfoods.com by anyone other than authorized Global Harvest employees. Under no circumstances shall Global Harvest, or its affiliates, or any of their officers, directors, managers, members, employees or agents be liable for any loss, damage or harm caused by User’s reliance on information obtained through ghfoods.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through ghfoods.com.
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Global Harvest to either a foreign national or a foreign destination in violation of such laws.
V. TERMINATION OF USAGE
Global Harvest may terminate User’s access, or suspend User’s access to all or part of ghfoods.com, without notice, for any conduct that Global Harvest, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a Provider, a service provider, or Global Harvest.
VI. APPLICABLE LAW
This site is created and controlled by Global Harvest in the State of Washington. As such, the laws of the State of Washington will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Global Harvest reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Washington, and of the United States of America located in the State of Washington for any litigation arising out of or relating to use of or purchase made through ghfoods.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Washington, and agrees not to plead or claim in any court of the State of Washington that such litigation brought therein has been brought in an inconvenient forum.