The terms and conditions set forth here (hereinafter the “Terms and Conditions”) govern your use and access to the website, mobile application and other means for transacting business via www.hudsonvalleyfoiegras.com including any sub-pages (collectively, the website(s), mobile or other software applications and any other means of transacting business are referred to as the “Website”).
These Terms and Conditions form an agreement between you and HVFG LLC (the “Company”), and may be updated from time to time. Company also reserves the right to terminate any offer or membership programs (if any) from time to time and in its discretion, upon making an announcement at the Websites, or by changing the Terms and Conditions. Please note that you also will be subject to any privacy policies that relate to the Website, as they may change from time to time.
To the extent that there may be any conflict between these Terms and Conditions and any Privacy Policy, these Terms & Conditions will control. If you may have any questions about opt-in or opt out to any functionality or policy, however, please contact us directly at hvorders@hvfarms.com.
Acceptance of Terms
By using this Website, and in particular, by browsing and/or by placing an order via the Website you agree to these Terms and Conditions, as may be updated, and the provisions below. You are responsible for remaining knowledgeable and current about the Terms and Conditions.
Company’s Right to Change Terms
As set forth above, Company may, at its discretion, alter, limit or modify the Terms and Conditions, any offers, discounts or delivery or refund terms, or any other feature of services provided at the Website. Company will make reasonable efforts to update the “Last Updated” date above, however, you agree that it is and will be your responsibility to check the Terms and Conditions each time you use or undertake any transaction using the Website. Company may also email you about any changes to the Terms and Conditions. Your continued use of the Website will constitute approval and agreement to any and all such changes. The Terms and Conditions will not, however, change or alter the terms of any separate written agreement between you and the Company.
Membership Eligibility
The site may permit registration as a “Member” or “Registered User” (both referred to here as a “Member”). Members may register by entering their email addresses, and no purchase from the Website is necessary to become a Member. Members may receive discounts or special offers relating to their Member account, as set forth on the Website and in these Terms and Conditions, as amended.
A current, valid email address is required for a Member to be a Member, and it is your responsibility to notify Company of change of email address by updating Member account information online.
Special offers may be made by Company, from time to time in Company’s discretion. Such offers may also be subject to the terms and conditions specified in the promotional offer. In the event that there may be a discount or other offer made to a Member (or any user), only one discount may be applied to any order, unless the offer expressly provides otherwise.
Communications
When you register with the Website, or if you send us an electronic communication, you thereby consent to receive communications from the Company electronically. The Company may, from time to time, offer time-sensitive benefits or offers that may expire, and recommends that you maintain your enrollment and electronic contact information as current as possible. The Company cannot be responsible for any failure to maintain your membership or contact information current.
Company may communicate with Members about marketing, via certain digital and other channels: including mail, email, sms, direct message and other channels, unless you may have elected to opt out of receiving marketing communications. Company may also use these channels to notify you if you are eligible for discounts, awards, or other member benefits, at Company’s discretion. Please note that if you may opt out of receiving marketing communications, the Company still may send you communications about the Company’s business, your account and other non-marketing communications via the same channels.
Data Privacy
See Privacy Policy for information about Company’s privacy policy.
Right to Revoke
Company reserves the right to revoke the membership of any Member in the Website and/or revoke the permissions of any user to use the Website, if in the sole opinion of Company, a Member abuses any of the privileges of Membership, or a Member or user fraudulently or misleadingly uses or permits others to use Membership or other account details, fails to comply with these Terms and Conditions, uses or conducts transactions over the Website through deception, forgery and/or fraud, or otherwise uses the Website in violation of the Terms and Conditions or any applicable law. In the event that Company cancels your membership or terminates any promotional program that may be in effect for any reason, any accrued rewards or other benefits earned or available to you (if any) will be forfeited.
No Transfer
Member accounts may not be merged, transferred, purchased, sold, assigned, auctioned or traded, including by death or as part of a domestic relations matter. Doing so will void the Member account. No discounts, rewards and/or benefits provided through the Website have any cash value, and they are not exchangeable for cash.
Taxes
If there may be any income, sales, use, customs duty, Value Added or other tax that may arise or be payable in connection with an order or any benefit of being a Member, you will be solely responsible for paying such amounts, and the Company may withhold or charge you such amounts in addition to your order as is customary or that Company deems required or reasonable in any instance.
Pricing and Delivery Terms & Conditions
Delivery terms and conditions are set forth at the Website here. The Terms and Conditions that are in effect at the time you order will be applicable to your particular order. While the Company makes its best commercially reasonable to be accurate with respect to pricing, shipping costs, labelling and other terms of delivery, it cannot warrant that all information, product and service descriptions, or delivery terms on the Website are correct, complete or free from errors or omissions. If Company discovers that any pricing, labelling, product or delivery information is incorrect, out of date, or otherwise incomplete, it reserves the right to reasonably and in good faith address and resolve the error, without liability, including, without limitation, changing, delaying or cancelling your order.
Governing Law, Venue
These Terms and Conditions, and the relationship between you and the Company shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. You agree that for the purpose of any claim or dispute arising from or relating to these Terms and Conditions, the Privacy Policy, your use, or the operation of the Website, you agree that any such dispute shall be brought and heard exclusively within the state courts located in Nassau County, New York or the Eastern District of New York, if applicable, and further that for the purposes of such claim(s) or dispute(s), you are subject to the jurisdiction of such courts.
YOU ALSO AGREE TO THE FULL EXTENT PERMITTED BY LAW, THAT YOU AND COMPANY ARE WAIVING (I) THE RIGHT TO A JURY IN ANY ACTION ARISING FROM THIS AGREEMENT, THE PRIVACY POLICY, OR YOUR USE OF OR THE OPERATION OF THIS WEBSITE, AS WELL AS (II) THE RIGHT TO BRING ANY CLASS, CONSOLIDATED OR OTHER REPRESENTATIVE ACTION.
Limitation on Damages
To the fullest extent permissible under applicable law, Company is not responsible or liable for any direct, indirect, incidental, consequential or any other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way, directly or indirectly, to the operation of or your use of the Website, including, without limitation, any order placed over the Website and any registered membership with the Website. This applies even if foreseeable or even if Company has been advised of the possibility of such damages. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Unless otherwise provided by law or express agreements with you, neither the Company, nor any of its its affiliates, officers, directors, employees, service providers, or agents will be liable to you, or anyone making a claim on your behalf, in connection with (a) any transaction taking place over the Website, (b) the termination of, change in, or suspension of any benefit relating to being a registered Member of the Website, (c) any claim relating to products purchased over the Website; (d) any loss, damage, expense or inconvenience caused by any occurrence outside of the Company’s control (including, without limitation, any such loss, damage expense or inconvenience arising from or relating to a delivery service’s act, delay or omission); or (e) any taxes or duties, or any charges to you by any party other than Company, you incur as a result of any transaction or attempted transaction through the Website.
THE FULL EXTENT OF THE COMPANY’S DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, WHETHER ARISING IN CONTRACT OR IN TORT, SHALL BE LIMITED TO THE GREATER OF (I)$100 AND (II) THE AMOUNTS OF PURCHASES (EXCLUSIVE OF TAXES AND SHIPPING) MADE BY YOU OVER THE WEBSITE DURING THE TWELVE-MONTH PERIOD PRIOR TO THE CLAIM, PROVIDED THAT IN NO CASE SHALL COMPANY’S LIABILITY TO YOU FOR ANY CLAIM EXCEED $500.
Time Limit to Bring Claims
To the full extent provided by law, you agree that any claim that may be brought by you against Company in connection with the Website, the Privacy Policy or any transaction conducted over it must be brought within one (1) year after the date the facts or events giving rise to the claim first arose (whether discovered or otherwise). In the event that a claim is not brought timely as set forth above, it shall be deemed waived and time-barred, and the Company irrevocably released of any liability in connection with the same.
NO Warranties/Warranty Disclaimer
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND COMPANY MAKES NO REPRESENTATION, AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FULLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND ANY PRODUCTS, SERVICES, CONTENT AND MATERIALS PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER SUCH WARRANTIES ARE EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE, OR ANY SERVICES OFFERED IN CONNECTION WITH IT, IS SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE COMPANY DOES NOT WARRANT THAT THE WEBSITES WILL BE AVAILABLE AND OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR DELAY. TO THE FULL EXTENT PROVED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY BREACHES OF SECURITY, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY BE ACCESSED OR DELIVERED VIA THE WEBSITE OR ANY WEBSITE LINKED TO OR FROM THE WEBSITE. SOME STATES’ LAWS MAY NOT PERMIT LIMITATIONS OR DISCLAIMERS OF CERTAIN WARRANTIES, AND SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE COMPANY DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR SERVICES OFFERED IN CONNECTION WITH IT.
Indemnification
You agree to indemnify, defend, and hold the Company, officers, principals, employees, affiliates, parents, subsidiaries, suppliers, licensors and service providers and each of its and their successors and assigns harmless of from any claims, damages, liabilities, losses, judgments, awards, costs and expenses, including reasonable attorneys’ fees and costs (collectively “Claims”), arising out of or relating to your use of the Website and/or any violation of these Terms and Conditions.
Severability
If any provision in these Terms and Conditions, or any portion thereof may be found to be unlawful, void or, for any other reason unenforceable, only that provision or portion so found shall be inoperative, and such a finding shall not impair or otherwise affect the validity and enforceability of any other provision or these Terms and Conditions as a whole.
Cooperation With Investigations
Company reserves the right to disclose any information in its possession and control, as it deems reasonably necessary or appropriate to satisfy any law, regulation or other governmental request or investigation, including in connection with a subpoena or court order. Company shall not be liable to you in connection with any such disclosure or cooperation.
Right to Revoke Intellectual Property
HUDSON VALLEY FOIE GRAS®, and the design, text, graphics, logos, images, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other property in such materials (collectively, “Company Intellectual Property”) are owned by Company. All content at the website, whether text, images, video or software code is the sole property of the Company and shall not be used by you for any purpose.
United States Use
This Website is provided for use only by residents of the United States. We make no claims that the Website or any of its content is accessible or that it may be used outside of the United States. If you may access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Membership in the Website is solely for US residents located in the US.
No Waiver
Failure of the Company to enforce any violation of these Terms and Conditions shall not act as any waiver or acquiescence to any future violation and all waivers by Company must be express and in a signed writing by an authorized representative to be enforceable.
Questions
For all questions about use of the Website, please contact us at info@hvfarms.com or 877-292-2500