This Agreement explains the terms and conditions which apply to your visit to and use of the website provided by NavPublishing, LLC, http://www.nwfarmsandfood.com, and any other product or service offered for sale by NavPublishing, LLC on such Site (defined below). NW Farms & Food is trademark and brand of NavPublishing, LLC (hereinafter referred to as “NavPublishing”). The right to use any product or service offered by NavPublishing is personal to you and cannot be transferred to any other person or entity. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.
Definitions
The “Site” means the website, products, or services offered or available on the interactive online website, http://www.nwfarmsandfood.com, operated by NavPublishing on the World Wide Web. The term “Community Areas” includes any forum, comment section, or user participation areas on the Site.
General
NavPublishing reserves the right to change or discontinue any and all aspects of the Site, including but not limited to the content of the Site and its availability. Such changes or modifications become effective immediately upon notice thereof, which may be given by means including but not limited to posting a revised version of this Agreement in the Terms of Use section. Any use of the Site after such notice shall be conclusively deemed to be acceptance of such changes or modifications. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.
Use of the Site and Community Areas
The Community Areas of the Site shall be used for lawful purposes only. No material shall be posted on or transmitted through the Community Areas which violates or infringes upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy, or obscene. NavPublishing reserves the exclusive right to determine these conditions on the Site. Advertising may be posted on the Site only with the express prior approval of NavPublishing.
The Site contains copyrighted material, including but not limited to trademarks, text, software, photographs, illustrations, video, graphics, music, and sound. The entire contents of the Site are copyrighted as a collective work under United States copyright laws. NavPublishing owns the copyright to the selection and arrangement of such content, as well as in the content original to it. Each third party content provider owns the copyright in content original to it. You may not modify, publish, transmit, create derivative works, or in any way exploit the content of any part or all of the Site. You may not copy, redistribute, publish, display or commercially exploit any material from the Site without the express permission of NavPublishing. In the event of permitted copying or use, no changes in or deletion of author attribution, trademark, or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on the Community Areas any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the respective right. You are responsible for determining that such material is not protected by copyright, trademark or other proprietary rights. You shall be solely liable for any damages or harm resulting from any infringement of copyright or other rights.
You hereby grant to NavPublishing a worldwide, perpetual, royalty-free, irrevocable, non-exclusive right and license to use, modify, adapt, publish, translate, reproduce, create derivative works, distribute, and display any message posted in the Community Areas, sent to or displayed on the Site.
On the Site, you may not use an e-mail address or name of another person with the intention of impersonating that person, or use the name or e-mail address of anyone else without authorization.
The Site contains links to other Web sites, products, and advertisers. NavPublishing is not responsible for the availability of these external sites, and does not endorse and is not responsible for the contents of, advertising on, products of or any other materials available on or through such external sites. Under no circumstances shall NavPublishing be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns or problems to the external site’s webmaster.
You shall be responsible for obtaining and maintaining computer hardware, software, and any other equipment or charges necessary for access to and use of the Site.
Monitoring
NavPublishing has the right, but not the duty, to monitor the content of any post to the Site to determine compliance with this Agreement. NavPublishing shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Users shall remain solely responsible for the content of their messages. You hereby acknowledge and agree that NavPublishing shall not have or assume any liability for any action or inaction with respect to any conduct, communications or postings on the Site.
Disclaimer of Warranty: Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER NAVPUBLISHING, ITS AFFILIATES NOR THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR PRODUCTS PROVIDED THROUGH THE SITE.
THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, UNDER ANY CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NAVPUBLISHING IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL NAVPUBLISHING NOR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, DISTRIBUTING, OR MAINTAINING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE. NAVPUBLISHING’S LIABILITY TO USERS, IF ANY, SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT PAID TO NAVPUBLISHING.
NAVPUBLISHING NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY OR OBSCENE POSTING MADE ON THE SITE BY ANYONE OTHER THAN AUTHORIZED NAVPUBLISHING EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL NAVPUBLISHING BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
OTHER THAN ITS OWN PRODUCTS AND SERVICES, NAVPUBLISHING DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE, AND IS NOT A PARTY TO, NOR IN ANY WAY MONITORS ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. NAVPUBLISHING MAKES PRODUCTS OR SERVICES AVAILABLE ON THE SITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
Indemnification
You agree to defend, indemnify and hold harmless NavPublishing, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use by you of the Site.
Termination
NavPublishing shall have the right to immediately terminate this Agreement with respect to any user which NavPublishing, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. The provisions of agreement relating to Disclaimer of Warranty, Limitation of Liability, Indemnification, and Trademarks shall survive the termination of this agreement.
Trademarks
All trademarks appearing on the Site are the property of their respective owners.
Miscellaneous
This Agreement and operating rules for the Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any adjudication concerning the Site shall take place in the State or Federal Courts located in Washington State.
NavPublishing, LLC (collectively referred to in the privacy policy as “NavPublishing”), which operates NW Farms & Food is committed to maintaining the privacy of your personal information. This privacy policy explains to you the information we collect on our website and how we use that information.
We gather two kinds of information: 1) tracking information gathered as you navigate through our website, and (2) information you supply when you register to receive e-mail newsletters or to comment on the website. NavPublishing may ask users for their personal information such as names, e-mail addresses, and other contact information for registration, surveys, and comments in operation of the website.
NavPublishing may use standard web browser “cookies” to tell us about your visit to our website. This is to help us evaluate what site features are useful and how we can improve them. There is no personally identifiable information in cookies and we do not use other data capture software on the website. You may disable cookies in your browser, but some features of the website may not work as designed. Like most sites, NavPublishing automatically gathers information in its log files. This includes browser type, internet service provider (ISP), and internet protocol (IP) addresses. IP addresses are only linked to personal information to prevent someone who has violated the terms of use from accessing the website. We do not sell, rent, or share your personal information with anyone without your written permission, except as necessary to provide you with the services offered by us or unless ordered to do so by a court of law.
NavPublishing takes reasonable security precautions to protect any information you provide us, but we make no assurances about our ability to prevent or accept liability for its loss to you or any third party. NavPublishing’s website may contain links to other websites. If you choose to visit those sites, we are not responsible for the privacy procedures or content of those sites. It is your responsibility to to examine their privacy policies and decide whether you agree with them. You should be aware that any personal information you post on NavPublishing’s website in the comments area may be read and used by third parties.
We reserve the right to change this Privacy Policy at any time simply by posting an updated version to the website’s privacy page. Any such change becomes effective immediately upon posting. It is your responsibility to review this privacy policy from time to time to confirm that you agree with it. If you do not agree, please do not use the site.