Last Updated: 11-04-2005
I. Introduction
Welcome to Homestead Market. Homestead Market is
a division of Hefty Creek International, LLC. This Terms Of Use
Agreement sets forth the Agreement between Homestead Market and
Hefty Creek International, LLC (referred to collectively as "Homestead
Market" or as "we") and each user (referred to
as "you" or "user") governing the use by you
of this site. Please read this Agreement carefully before using
this site. By using this site, you agree to comply with the Terms
Of Use. If you do not agree to the terms and conditions of this
Terms Of Use Agreement, you may not access or otherwise use this
site.
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II. Not Healthcare
Advice
The information, and other content provided on and
through this site relating to wellness, dental and oral, Xylitol
and similar products, including without limitation any products,
information, services and other content provided on any site to
which this site links (each a "Linked Site"), are provided
for informational purposes only to facilitate discussions with
your physician or other healthcare professionals (collectively,
"Healthcare Professional") regarding treatment options.
The information provided on this site and Linked
Sites, including without limitation information relating to medical
and health conditions, products and treatments, is often provided
in summary or aggregate form. This information is not intended
as a substitute for advice from your Healthcare Professional,
or any information contained on or in any product label or packaging.
The statements about products on this site, and
products sold through this site, have not been evaluated by the
United States Food and Drug Administration. Products on this site
are not intended to diagnose, treat, cure or prevent any disease.
You should not use the information or products on this site for
diagnosis or treatment of any health issue or for prescription
of any medication or other treatment. You should always speak
with your Healthcare Professional, and carefully read all information
provided by the manufacturer of a product and on or in any product
label or packaging, before using any medication or nutritional,
herbal or homeopathic product, before starting any diet or exercise
program or before adopting any treatment for a health problem.
Each person is different, and the way you react to a particular
product may be significantly different from the way other people
react to such product. You should also consult your physician
or Healthcare Professional regarding any possible interactions
between any medication you're currently taking and products offered
on this site or any Linked Site.
Homestead Market is not responsible for any product
or service sold on or through this site or any claims of quality
or performance made on or through this site, including any claims
of quality or performance made on or through any Linked Site.
You are advised that other sites on the Internet, including without
limitation Linked Sites, might contain material or information
that some people may find offensive or inappropriate; or that
is inaccurate, untrue, misleading or deceptive; or that is defamatory,
libelous, infringing of others' rights or otherwise unlawful.
Homestead Market expressly disclaims any responsibility for the
content, legality, decency or accuracy of any information, and
for any products and services, that appear on any Linked Site.
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III. Copyright
and Trademarks
All website design, text, graphics, sound, software
and other content, and the selection and arrangement thereof,
are the property of Homestead Market or its licensors, and are
protected by United States and international copyright law. All
rights to such materials are reserved to their respective copyright
owners. Permission is granted to electronically copy and to print
in hard copy portions of this website for the sole purpose of
placing an order with Homestead Market or using this website as
a shopping vehicle.
Any other use of materials on this site, including
without limitation reproduction for purposes other than noted
above, modification, distribution, replication, commercial or
other exploitation, or creation of derivative works, without the
prior written permission of Homestead Market, is strictly prohibited.
Homestead Market, and all logos, page headers, custom
graphics and icons are service marks and/or trademarks of Homestead
Market or its licensors or Affiliates. All other trademarks, service
marks, product names and company names or logos that appear on
this site are the property of their respective owners.
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IV. No
Warranty - Disclaimer
Homestead Market is providing this site, its contents
and any products ordered through this site on an "as is"
basis. All instructions and endorsements, as well as any warranties,
relating to products sold through this site are strictly those
of the product manufacturers. Homestead Market and its officers,
directors, employees, agents, licensors, content providers and
the like (together, "Affiliates") make no representations
or warranties of any kind, express or implied, with respect to
this site or its contents, including without limitation the products,
information or services offered or sold on or through this site
or any Linked Site and the uninterrupted and error-free use of
this site. Homestead Market and its Affiliates expressly disclaim
all such representations and warranties, including without limitation
all warranties of merchantability, accuracy, timeliness, completeness,
fitness for a particular purpose and non-infringement. Homestead
Market and its Affiliates do not warrant that the site or files
available on the site will be free from corrupted data, computer
viruses or similar destructive or contaminating code. No oral
or written statements by Homestead Market or its Affiliates will
create any warranty not expressly set forth herein. Your use of
this site and any Linked Site is at your sole risk.
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V. Order Acceptance
Please note that there may be certain orders that
we are unable to accept or that we must cancel. We reserve the
right, at our sole discretion, to refuse or cancel any order for
any reason.
Some situations that may result in your order not
being accepted or being canceled include limitations on quantities
available for purchase; inaccuracies or errors in product or pricing
information; product or ingredient restrictions mandated by local,
state, national or international regulations; or problems identified
by our credit and fraud avoidance procedures. We may also require
additional verifications or information before accepting any order.
We will contact you if additional information is required to accept
your order or if any portion of your order is canceled.
If your order is canceled after your credit card
has been charged, we will issue a credit to your credit card in
the amount of the charge.
Homestead Market strictly follows all national and
international regulations regarding the sale, purchase and shipment
of any product or product ingredient that is considered restricted
or prohibited by any law within the United States or abroad.
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VI. Order Returns
We are proud of our products and we want you to
be satisfied and delighted with your purchase. If for any reason
the product is not up to your expectations, contact us for instructions
by email, fax, mail or phone and we will replace it, credit your
account, or refund your money. It's your choice. It's that simple.
| Email: |
email@homesteadmarket.com |
| Phone: |
1-888-234-1906 (toll free) or
608-527-4242 (outside the USA) |
| Fax: |
608-527-4136 |
| Address: |
Homestead Market
W6303 Hefty Road
Monticello, WI 53570 USA |
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VII. Prices
& Currency
The prices displayed on this Site are quoted in
U.S. dollars and are valid and effective only within the United
States, and such prices do not include shipping and handling or
sales taxes, if applicable, which will be added to your total
invoice price. You are responsible for the payment of any shipping
and handling charges and state and local sales or use taxes that
may apply to your order. International shipment rates vary based
on total package weight and final destination. Pricing does not
include duties, insurance costs, tariffs, value-added taxes, and
similar or other charges. If assessed, these charges are the responsibility
of the package recipient, who will be billed for them by the local
Customs office.
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VIII. Pricing
or Typographical Errors
We work hard to provide accurate product and pricing
information. However, pricing or typographical errors may occur.
In the event that an item is listed at an incorrect price or with
incorrect information due to an error in pricing or product information,
Homestead Market has the right, at our sole discretion, to refuse
or cancel any orders placed for that item. If an item is incorrectly
priced, we will either contact you for instructions or cancel
your order and notify you of such cancellation. Prices and availability
are subject to change without notice.
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IX. Quantity
Limits and Items for Resale
Homestead Market reserves the right to limit the
quantity of items purchased per person, per household or per order.
These restrictions may be applicable to orders placed by the same
account, the same credit card, and also to orders that use the
same billing and/or shipping address. We will provide notification
to the customer e-mail and/or billing address provided should
such limits be applied. Homestead Market also reserves the right
to prohibit sales to dealers.
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X. Limitation
of Liability
HOMESTEAD MARKET AND ITS AFFILIATES SHALL NOT UNDER
ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY
TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I)
AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS
OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT
OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO
OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER
MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE
LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND,
INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS
OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES
OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER
ADVISES HOMESTEAD MARKET OF THE POSSIBILITY OF SUCH DAMAGES. THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN HOMESTEAD MARKET AND THE USER.
THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH
THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE
THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire
maximum liability of Homestead Market and its Affiliates for any
reason, and your sole and exclusive remedy for any cause or claim
whatsoever, shall be limited to the amount paid by you for any
product, information or service purchased by you from Homestead
Market on this site.
You agree to indemnify, defend and hold harmless
Homestead Market and its Affiliates against all claims, demands,
causes of action, losses, expenses, damages and costs, including
without limitation any reasonable attorneys' fees, resulting or
arising from or relating to your use of or conduct on this site,
any activity related to your account by you or any other person,
any material that you submit to, post on or transmit through the
site, your violation of these Terms of Use, your infringement
or violation of any rights of another, or termination of your
access to this site.
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XI. Site Usage/Termination
of Usage
You agree to be responsible for all charges resulting
from the use of your account on this site, including charges resulting
from unauthorized use of your account prior to your taking steps
to prevent such occurrence and notifying Homestead Market.
You agree to use this site only for lawful purposes,
and that you are responsible for your use of and communications
on the site. You agree not to post on or transmit through this
site any unlawful, infringing, threatening, harassing, defamatory,
vulgar, obscene, profane, indecent, offensive, hateful or otherwise
objectionable material of any kind, including without limitation
any material that encourages criminal conduct or conduct that
would give rise to civil liability, infringes others' intellectual
property rights or otherwise violates any applicable local, state,
national or international law. You agree not to use this site
in any manner that interferes with its normal operation or with
any other user's use and enjoyment of the site. You agree not
to reproduce, modify, distribute, replicate, commercially exploit
or create derivative works of any portion of the site or material
thereon.
You further agree that you will not access our website
by any means except through the interface provided by Homestead
Market for access to the site. You agree that you will not access
this site from any territory where its contents are illegal, and
that you, and not Homestead Market and its Affiliates, are responsible
for compliance with applicable local laws.
These terms are effective unless and until terminated
by either you or Homestead Market. You may terminate this Agreement
at any time, provided that you discontinue any further use of
this Site. Homestead Market also may terminate or suspend this
Agreement, at any time, without notice, and accordingly deny you
access to the site, if in Homestead Market's sole discretion you
fail to comply with any term or provision of this Agreement or
your use is harmful to the interests of another user or Homestead
Market or its Affiliates.
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XII. Changes
to Terms of Use Agreement
This information was last updated on the date set
forth at the beginning of this Agreement. Homestead Market may,
in its sole discretion, amend this Terms of Use Agreement from
time to time. Please check this Agreement area periodically for
changes. Use of this site after any modification confirms that
you consent to this Agreement as modified.
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XIII. Applicable
Law; Jurisdiction
This Agreement shall be governed by and construed
in accordance with the laws of the State of Wisconsin without
regard to choice of law rules. By using this site you agree to
submit to personal jurisdiction in the State of Wisconsin and
further agree that any cause of action arising from or relating
to the use of this site or this Agreement shall be brought exclusively
in Federal or State Courts for Green County, Wisconsin.
At the sole discretion of Homestead Market, any
claim, dispute or controversy arising or concerning this site
and/or this agreement shall be decided by binding arbitration
with the Rules of the American Arbitration Association and any
such arbitration proceeding brought and held in Green County,
Wisconsin, USA. The decisions of the arbitrators shall be conclusive
upon all parties involved and judgment upon any award of the arbitrator
by any court having competent jurisdiction. This provision shall
be specifically enforced by a court of competent jurisdiction.
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XIV. Miscellaneous
If any provision of this Agreement shall be deemed
unlawful, void, or for any reason unenforceable by a court of
competent jurisdiction, the validity and enforceability of any
remaining provisions shall not be affected. When used in this
Agreement, the term "including" shall be deemed to be
followed by the words "without limitation."
The failure of Homestead Market or its Affiliates
to insist upon strict adherence to any term of this Agreement
shall not constitute a waiver of such term and shall not be considered
a waiver or limit that party's right thereafter to insist upon
strict adherence to that term or any other term of this Agreement.
You agree that regardless of any statute or law to the contrary,
any claim of cause of action arising from or relating to use of
this site or this Agreement must be filed within one (1) year
after such claim or cause of action arose, or will be forever
barred. The "No Warranty - Disclaimer" and "Limitation
of Liability" provisions of this Agreement are for the benefit
of Homestead Market and its Affiliates as defined herein, and
each of these individuals or entities shall have the right to
assert and enforce these provisions directly against you on its
own behalf.
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XV. Entire
Agreement
This Agreement constitutes the entire and only Agreement
between Homestead Market and each user of this site with respect
to the subject matter of this Agreement and supercedes any and
all prior or contemporaneous Agreements, representations, warranties
and understandings, written or oral, with respect to the subject
matter of this Agreement. You agree to review this Agreement prior
to your use of this site and your use of this site shall be deemed
acceptance of and assent to this Agreement by you.
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