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Terms And Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Access to and use of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of Wensink Seeds. If you do not agree to any term or condition, you should not use this site.
I. COPYRIGHT NOTICE: This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright ©1999 - 2017 Wensink Farm Seeds, Inc.
II. TRADEMARKS NOTICE: Wensink Farm Seeds, Wensink Seeds, wensinkseeds.com and all other Wensink Seeds names, businesses, and products referenced herein are trademarks. All other products and company names referenced herein, if any, may be the trademarks of their respective owners. Wensink Seeds does not authorize the use of any trade name, trademark, registered trademark, logo, or any copyrighted material referenced herein for any purpose whatsoever, including non-commercial applications.
III. RESTRICTIONS ON USE: In consideration of being allowed to use the website, you agree that the following actions shall constitute a material breach:
- Collecting information about the website or users of the website without our written consent;
- Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the website without our written consent;
- Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the website or any portion thereof;
- Accessing or using the site for commercial or competitive purposes;
- Disguising the origin of information transmitted to, from, or through the website;
- Impersonating another person;
- Distributing viruses or other harmful computer code;
- Allowing any other person or entity to impersonate you to access or use the website;
- Using the website for any purpose in violation of local, state, national or international laws;
- Using the website in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
- Circumventing any measures implemented by us aimed at preventing violations of the Terms of Use.
IV. THIRD PARTY SITES: Wensink Seeds may from time to time provide links and pointers to internet sites maintained by third parties ("third party sites") and it may from time to time provide materials from third parties on this website. These third party sites and any third party materials are provided for your convenience only. Wensink Seeds does not operate or control in any respect any information, products or services available on these third party sites and Wensink Seeds is not responsible for their content. Wensink Seeds makes no representations whatsoever concerning the content of these sites and the fact that Wensink Seeds has provided a link to such sites is NOT an endorsement, authorization, sponsorship, or affiliation by Wensink Seeds with respect to such sites, its services, the products displayed, its owners, or its providers. You access these sites at your own risk.
V. DISCLAIMER: There are certain risks in using any information, software, or products found on the internet; Wensink Seeds cautions you to make certain that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the internet.
Visitors to this website assume all responsibility and risk for the use of this website. Information published on this website is provided without charge as a convenience to visitors, to be used for informational purposes only. NOTHING IN THIS WEB SITE CONSTITUTES A RECOMMENDATION OR ENDORSEMENT OF ANY ITEM, PRODUCT OR BRAND.
ALTHOUGH REASONABLE CARE HAS BEEN TAKEN WITH REGARD TO THIS SITE'S CONTENT, WENSINK SEEDS DOES NOT WARRANT OR REPRESENT THAT THIS SITE'S CONTENT IS ACCURATE, COMPLETE, OR UP TO DATE, NOR DOES IT WARRANT OR REPRESENT THAT ACCESS TO AND USE OF THIS SITE OR THE SERVER WHICH MAKES IT AVAILABLE WILL BE UNINTERRUPTED, ERROR-FREE, AND FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH WENSINK SEEDS ASSUMES NO RESPONSIBILITY.
ALL OF THE MATERIALS PROVIDED HEREIN, INCLUDING ALL OF THE MATERIALS AVAILABLE ON THIRD PARTY SITES, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WENSINK SEEDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
VI. LIMITATION OF LIABILITY: WENSINK SEEDS is not responsible for any infections, contaminations, delay in operation or transmission, line failure, errors, omissions, interruptions, or defects arising out of your use of this site or with respect to the material provided and/or contained on this site.
In no event shall Wensink Seeds be liable for any special, direct, indirect, incidental, or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability, or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the Wensink Seeds Web Site.
Notwithstanding the above, in no event shall Wensink Seeds' total liability to you for any and all claims, damages, losses and causes of action exceed the amounts paid to Wensink Seeds by you in connection with the transaction claimed by you to give rise to your claim.
VII. COMMUNICATIONS AND SUBMISSIONS: All personal data transmitted to Wensink Seeds over the internet pursuant to placing an order or registering for our mailing list, such as name, email address, physical address, and telephone number, shall be treated as confidential information. However, all submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.
You may post reviews, comments and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Wensink Seeds hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
VIII. JURISDICTION AND CHOICE-OF-LAW: Wensink Seed operates this website from its offices located in Monroeville, Ohio, in the United States of America. Wensink Seeds makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this website, shall be construed with the laws of the state of Ohio. Any legal action regarding this agreement or this website shall be brought only in either the state or federal courts located within the State of Ohio and by using this site you consent to personal jurisdiction within these courts.
IX. INQUIRIES: If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to legal@wensinkseeds.com.
X. TERMINATION: Wensink Seeds or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this website. Wensink Seeds may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this website.