|

The Wisconsin Apple Growers Association appreciates your
visit to this web site SavorWisconsin.com. Please read
the following
terms and conditions (“Terms and Conditions”) carefully
before using this Site as use of this Site constitutes your
acceptance of these Terms and Conditions. Your access to and
use of the Site is subject to the following terms and conditions
(the “Terms and Conditions”) and all applicable
laws. If you do not agree to abide by these Terms and Conditions,
do not use the Site or download material from the Site.
Terms and Conditions
1. As used in these Terms and Conditions, the Wisconsin Apple
Growers Association shall mean the Wisconsin Apple Growers
Association or its contractors.
2. This Site may be linked to other sites that are not maintained
by the Wisconsin Apple Growers Association (“Linked
Sites”). If you use any of the Linked Sites, you will
leave this Site. The Wisconsin Apple Growers Association
is not responsible for the content of the Linked Sites. Links
to Linked Sites do not constitute an endorsement from the
Wisconsin Apple Growers Association or that any Linked Site
is authorized to use any trademark, trade name, logo or copyright
symbol of the Wisconsin Apple Growers Association. Linked
Sites are for informational purposes only, and it is your
responsibility to evaluate the content and usefulness of
the Linked Sites. If you decide to visit any of the Linked
Sites, you do so at your own risk, and it is your responsibility
to take all protective measures to guard against viruses
or other destructive elements.
3. The Wisconsin Apple Growers Association presents the material
and Promotional and Educational Material (as hereinafter
defined) on this Site as a service to its customers and other
Internet users. The Wisconsin Apple Growers Association makes
no commitment to update the Site content or materials. Any
unauthorized downloading or distribution of any copyrighted
material from this Site or from Linked Sites, without the
copyright owner's permission, is strictly prohibited.
4. This Site and the materials contained in this Site are
copyrighted, protected by worldwide copyright laws and treaty
provisions, and provided for lawful purposes only. The Wisconsin
Apple Growers Association reserves all rights under these
laws, and except as specifically permitted below, modifying,
copying, distributing or using for any purpose the materials
contained in this Site is strictly prohibited.
Notwithstanding the foregoing, the Wisconsin Apple Growers
Association may make available certain copyrighted materials,
including but not limited to photographs and marketing materials
(collectively the “Promotional Materials”) to certain
users of the Site for marketing and promotional purposes. You
agree to abide by all additional restrictions displayed on
the Site as it may be updated from time to time. The Wisconsin
Apple Growers Association shall retain at all times ownership
of and all intellectual property rights to the Promotional
Material.
Unless otherwise indicated, all marks displayed on the Wisconsin
Apple Growers Association’s Site are subject to the trademark
rights of the Wisconsin Apple Growers Association. Any use
of our trademarks, tradenames, and logos in which the Wisconsin
Apple Growers Association, its subsidiaries, affiliates, divisions,
and licensors, do business is strictly prohibited absent the
Wisconsin Apple Growers Association a prior written consent.
In addition, the names, trade names, and trademarks of third
parties that appear on this Site are proprietary to their respective
owners and may be used only with their express permission.
5. The Wisconsin Apple Growers Association makes no warranty
or representation of any kind as to (i) the accuracy, completeness,
reliability, use of or the results of the use of the materials,
promotional materials, and linked sites, (ii) the availability
for use of any copyrighted, trademarked or proprietary materials
of third parties that may appear on this site, (iii) whether
site service will be uninterrupted or error-free, or (iv)
whether any materials or promotional or educational materials
available on or accessible through the site are free of viruses,
worms, trojan horses, or other harmful components. You acknowledge
that reliance on any such materials, promotional materials
and linked sites shall be at your sole risk. The Wisconsin
Apple Growers Association reserves the right, in its sole
discretion, but without obligation, to correct any errors
or omissions in any portion of the site. The Wisconsin Apple
Growers Association may make any other changes at any time
without notice to the site, the materials, or promotional
materials described in the site.
Without limiting the foregoing, this site and the materials
and promotional materials available on or accessible through
this site, are provided on an "as is" and "as
available" basis without warranties of any kind, either
express or implied, including but not limited to warranties
of title, noninfringement or implied warranties of merchantability
or fitness for a particular purpose. This exclusion of implied
warranties may not apply to you to the extent that applicable
law may not allow the exclusion of implied warranties.
6. Neither the Wisconsin Apple Growers Association nor anyone
whose materials or information appear on this site shall
have any liability (whether based on contract, tort, statute,
or otherwise), under any circumstances, for any costs, losses,
or damages (whether direct, indirect, incidental, special,
punitive, exemplary, consequential or other damages, including,
without limitation, any lost profits, business interruption,
loss of information or programs or other data on your information
handling system) arising out or in connection with your access
to, browsing of, use of (or your inability to use), or reliance
on this site, any of the contents of this site or any linked
sites, even if there is negligence or the Wisconsin Apple
Growers Association or an authorized Wisconsin Apple Growers
Association representative has been advised of the possibility
of such damages, or both. The exclusion on consequential
and incidental damages may not apply to you, to the extent
that applicable law may not allow the exclusion of consequential
and incidental damages. The Wisconsin Apple Growers Association’s
total liability to you for all losses, damages, and causes
of action (in contract, tort (including without limitation
negligence), or otherwise) will not be greater than the amount,
if any, you paid specifically to access this site.
7. Any person or entity, including but not limited to an
entity’s officers, directors, employees, contractors,
and agents, that uses this site agrees to defend, indemnify,
and hold the Wisconsin Apple Growers Association, its officers,
directors, members, shareholders, contractors, employees,
agents, successors, and assigns harmless from any and all
(i) losses, claims, damages, liabilities, and costs, including
reasonable attorneys’ fees, resulting from or arising
out of any act or omission by such person or entity relating
to that person’s or entity’s use of this site
and (ii) all liabilities, costs, and expenses, including
reasonable attorneys' fees, related to any violation of these
terms and conditions by such person or entity.
8. This Site is controlled, maintained, and serviced by the
Wisconsin Apple Growers Association within the State of Wisconsin,
United States of America and is made available only to provide
information about the Wisconsin Agricultural Industry. Those
who choose to access this Site from other locations do so
on their own initiative and are responsible for compliance
with applicable local laws. You may not use or export the
materials or Promotional Materials in this Site in violation
of U.S. export laws and regulations. This Site can be accessed
from all 50 states, as well as from other countries around
the world. As each of these places has laws that may differ
from those of Wisconsin, by accessing this Site both you
and the Wisconsin Apple Growers Association agree that the
statutes and laws of the State of Wisconsin, without regard
to conflicts of laws principles, exclusively will govern
the construction of these Terms and Conditions and all matters
relating to the use of this Site. You and the Wisconsin Apple
Growers Association also consent, and hereby submit, to the
exclusive personal jurisdiction and exclusive venue of the
Circuit Court of Dane County, Wisconsin, or the United States
District Court for the Western District of Wisconsin with
respect to all matters relating to the use of this Site.
9. Except as provided by the Wisconsin Apple Growers Association’s
Privacy Policy, all remarks, questions, suggestions, ideas,
graphics, data or other information communicated to the Wisconsin
Apple Growers Association directly through this Site or e-mail
will become the exclusive property of the Wisconsin Apple
Growers Association, and is, and will be treated as, non-confidential
and nonproprietary, and may be used for any purpose, including,
but not limited to, reproduction, transmission, publication,
broadcast, and posting. Furthermore, the Wisconsin Apple
Growers Association is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to
this Site for any purpose whatsoever, and the Wisconsin Apple
Growers Association will not incur any liability as a result
of any similarities to the communicated materials that may
appear in the Wisconsin Apple Growers Association’s
products, business or services.
10. If any part of these Terms and Conditions is unlawful,
void, or unenforceable, that part will be deemed severable
and will not affect the validity and enforceability of any
remaining provisions. These Terms and Conditions are the
entire agreement between you and the Wisconsin Apple Growers
Association relating to the use of this Site and it cannot
be modified orally by any representative of the Wisconsin
Apple Growers Association. Any agreement which varies these
Terms and Conditions must be made in writing and signed by
you and the Wisconsin Apple Growers Association. Any cause
of action you may have with respect to your use of the Site
must be commenced within one (1) year after the claim or
cause of action arises.
11. The Wisconsin Apple Growers Association may terminate,
change, suspend, or discontinue any aspect of this Site,
including the availability of any features of or contained
in the Site, at anytime. The Wisconsin Apple Growers Association
may also impose limits on certain features and services or
restrict your access to all or parts of the Site without
notice or liability. The Wisconsin Apple Growers Association
may terminate the authorizations and rights granted, and,
upon such termination, you shall immediately destroy all
materials and Promotional Materials, including but not limited
to any and all related documentation and all copies and installations.
The Wisconsin Apple Growers Association reserves the right,
in its sole and exclusive discretion, to revise these Terms
and Conditions at any time. Changes in these Terms and Conditions
will be effective when made and posted to the Site. Since you
are bound by all revisions made by the Wisconsin Apple Growers
Association, you should review this page each time you connect
to the Wisconsin Apple Growers Association’s Site. Your
continued use of the Site after any changes to these Terms
and Conditions are posted will be considered acceptance of
those changes.
|