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This is a legal agreement between you and Circle of Health for the use of Circle of Health's website (www.circleofhealth.org).
Table of Contents
Privacy Policy
Electronic Communications
Copyright
Trademarks
License and Site Access
Legal
Our Services
Links
Data
- Privacy Policy
Please review our Privacy Policy, which also governs your visit to Circle of Health, to understand our policies.
- Electronic Communications
When you visit Circle of Health or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You hereby acknowledge and agree that, from time to time during the term of this Agreement, Circle of Health shall send facsimiles or emails regarding Circle of Health's products and services, or shall call you regarding Circle of Health's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls.
- Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and software, is the property of Circle of Health or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Circle of Health and protected by U.S. and international copyright laws. All software used on this site is the property of Circle of Health or its software suppliers and protected by United States and international copyright laws.
- Trademarks
Circle of Health and all related graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Circle of Health or its subsidiaries. Circle of Health's trademarks and trade dress may not be used in connection with any product or service that is not Circle of Health's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Circle of Health. All other trademarks not owned by Circle of Health or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Circle of Health or its subsidiaries.
- License and Site Access
Circle of Health grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Circle of Health. This license does not include any resale or commercial use of this site or its contents; any collection and user of any product or service listings, descriptions, or prices; any derivative use of this site or its content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Circle of Health and our affiliates without express written consent. You may not sue any metatags or any other “hidden test” utilizing Circle of Health's name or trademarks without the express written consent of Circle of Health. Any unauthorized use terminates the permission or nonexclusive right to create a hyperlink to the home page of Circle of Health so longs as the link does not portray Circle of Health, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Circle of Health logo or other proprietary graphic or trademark as part of the link without express written permission.
- Legal
You agree to indemnify, defend and hold Circle of Health and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement and/or your use of this website.
You hereby agree that in no event shall Circle of Health or its affiliates and/or suppliers be liable for any direct, indirect, incidental, special, consequential or other damages or losses arising out of or in any way related to the use of this website or with the delay or inability to use this site, or for any information, products, or services obtained through this site or from Circle of Health, or otherwise arising out of or related to the use of this website.
You hereby agree that your use of our website and services will at all times comply with all applicable laws, rules, and regulations and that you will do nothing to incur liability for Circle of Health or cause Circle of Health to lose (in whole or in part) the services of Circle of Health's ISP's or other suppliers.
You hereby agree that you have the power and authority to enter into this Agreement: if you are an individual, this includes, without limitation, that you are of the legal age in your state of residence to make contracts.
We may amend this Agreement (including, without limitation, the Terms of Service Agreement and/or our Privacy Policy) at any time by posting the amended terms on the Circle of Health website.
This agreement is governed by the laws of the state of Idaho and any applicable federal laws, without giving effect to conflict of laws principles. Any legal action or proceeding under this agreement shall first be subject to arbitration. Any arbitration shall take place in Idaho. Arbitration shall be governed by the rules of the American Arbitration Association. Arbitration shall be the sole remedy available to you under this agreement. Circle of Health shall not be liable for punitive damages arising out of or relating to this agreement under any circumstances whatsoever.
In the event that any provision of this Agreement is determined by a court to be invalid or otherwise unenforceable, such provision (or portion thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions.
- Our Services
Circle of Health acts as a venue for listing agricultural products and services for sale. We are not involved in the actual transaction between buyers and sellers. Because we are not involved in the actual transaction between buyers and sellers, in the event you have a dispute with one or more users, you release Circle of Health and its owners, agents, subsidiaries and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes.
Circle of Health may cancel or terminate your right to use its service or any part of its service at any time without notice. In the event of termination, you are no longer authorized to access the part of its service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.
- Links
Circle of Health is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this website;
You may establish a hypertext link to Circle of Health so long as the link does not state or imply any sponsorship of your site by Circle of Health. However, you may not, without the prior written permission of Circle of Health, frame any of the content of the website or incorporate into another website or other service any intellectual property of Circle of Health.
- Data
Circle of Health does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations and all information obtained on this website or from buyers must be verified independently.
All information you receive from Circle of Health, and/or the use of Circle of Health's website, is provided “as is” without warranties of any kind. Circle of Health hereby disclaims all warranties, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Circle of Health does not warrant that any data you receive from Circle of Health or any buyer will be accurate, complete, uninterrupted or error free or that any information, software, or other material accessible from or related to the Circle of Health website is free of viruses, worms, or other harmful components.
"Your Information" is defined as any materials, information or data in any form you provide to us or buyers in the course of using this website including, but not limited to, any public message area or through any email feature. Solely to enable Circle of Health to use Your Information for the purposes described in this Agreement, you agree to grant Circle of Health a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any intellectual property and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Circle of Health will only use Your Information in accordance with our Privacy Policy.
You will not transmit to Circle of Health or any buyer or seller any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; (ii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
All information supplied or to be supplied by you relating to this website and Circle of Health's services is and will be accurate and complete.
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