WEBSITE TERMS & CONDITIONS
Welcome to the Pine River Pre-Pack Inc. website, www.pineriver.com (“Site”). This Site is operated by Pine River Pre-Pack, Inc. (“Pine River” or “we” or “us”). These Terms & Conditions of Use (“Terms”) contain the terms upon which we provide access to and use of the Site.
BY USING AND/OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT THESE TERMS APPLY AND YOU EXPRESSLY AGREE TO BE BOUND BY THEM. PLEASE READ THE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THE ANY OF THE TERMS, PLEASE DO NOT USE OR ACCESS THE SITE. By using the Site, you agree to be legally bound by and to abide by the Terms, just as if you had signed this Agreement.
These Terms apply to your use of our Site. As used herein, the term “Site” includes (without limitation) the home page, splash pages, and all other pages located under the same top level domain www.pineriver.com, and all content thereon. In addition, when participating in specific Site activities, you will be subject to any posted guidelines applicable to such activities, for example, official rules of any promotions, sweepstakes or contests.
2: OWNERSHIP RIGHTS
You acknowledge that the Site contains proprietary materials that are protected by various intellectual property rights. All Site materials, such as recipes, photos, images, video, text, graphics, software, music, sounds, data, trademarks, slogans, logos, or other materials (collectively "Content") are owned or duly licensed by Pine River.
Although this Site may provide you with links to other websites, including those of our affiliates, business partners and/or service providers, those websites are not covered by these Terms. We strongly encourage you to read the terms and conditions of use of every website you visit, including those websites to which this Site provides links. Whenever you link to any other website from this Site, you are solely responsible for any interactions you may have with that website.
These Terms represent a legally binding agreement between you and Pine River. By using any part of the Site, you expressly acknowledge and agree that you understand the Terms, you consent to be bound by them, and you waive any claims or rights not expressly agreed upon in these Terms relating to your use of the Site. Do not use or access the Site in any way if you do not fully agree to all the terms of these Terms.
We reserve the right, from time to time, and at any time, to revise and/or change these Terms. It is your sole responsibility to review these Terms periodically for our most current policies and practices. Your use of the Site following the posting of changes to these Terms signifies in full that you accept any such changes or revisions.
7: NO GUARANTEES ON SITE CONTENT
Sometimes we rely on a variety of sources for the information provided on the Site, and in some instances, user-generated content may also be accessible on the Site. We do not guarantee the truthfulness, accuracy, quality, or reliability of information located on the Site other than our own specific descriptions of our products or services. You acknowledge that we receive content from outside sources, and that those sources are responsible for the truthfulness, accuracy, and reliability of the content that they submit. Any reliance on material posted at the Site shall be at your own risk.
8: RESIDENCY RESTRICTIONS
The Site is intended for use exclusively by residents of the United States of America. Persons who reside outside the U.S. may not participate in Site activities and have no rights or claims with respect to use of the Site.
9: AGE RESTRICTIONS
While persons of any age can access the Site, only persons at least 18 years old will be permitted to register on the Site, if registration is, or becomes, a pre-requisite for use of the Site or any specific Site activity, such as placing or tracking orders.
10: USE RESTRICTIONS
If you do not comply with the Terms at any time, we reserve the right to terminate your access to the Site. Among other actions, we also reserve the right to discontinue or alter any aspect of the Site, including, but not limited to, (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user's ability to use the Site, at our sole discretion, and without prior notice or liability. These rights are in addition to all other remedies at law we may pursue if you fail to comply with the Terms.
You are solely responsible for all charges associated with connecting to the Site. You are also solely responsible for obtaining or providing, and the charges associated with all access lines, telephone and computer equipment (including modem), or other device, and securing an Internet Service Provider, all or some of which may be necessary to access the Site.
If you register at our Site, you agree to provide truthful, accurate and reliable information about yourself. You also agree to keep you information accurate, current and complete. If you obtain a user name and password in connection with your registration, you agree to safeguard the confidentiality of the same. You are responsible for all orders or activities that are done under your username and password.
In order to permit us to protect the quality of our products, services and the Site, you agree that Pine River employees, and/ or those acting pursuant to the authority of Pine River, may access your records (and account if any) to investigate complaints or other allegations or abuse. We will not disclose the existence or occurrence of any such investigations unless required by law.
14: PROHIBITED USES
In addition to the restrictions set forth above, you fully understand and agree that you may not do any of the following:
14a: Intellectual Property
You may not use the Site or Content in any way to violate Pine River’s or any other third party’s intellectual property rights. For example, you may not copy, transmit, publish, upload, email, display, use, or create derivative works of the Content or any other third party materials that may infringe upon any copyright, trademark or other proprietary right of Pine River or any other party. Further, you may not create any false or misleading impression of affiliation, sponsorship, or endorsement between Pine River and you, any other party, or any other website.;
14b: Operation of the Site
You may not interfere or attempt to interfere with the operation or administration of the Site or any activities on the Site. For example, you may not: (a) use any device designed to provide repeated automated access to the Site other than those (if any) made available by us; (b) interfere with or disrupt the Content, the Site or servers or networks connected to the Site; (c) disobey any requirements, procedures, policies or regulations of networks connected to the Site; (d) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large data load on the Site infrastructure; bypass any measures we use to prevent or restrict access to the Site or Content.
You may not use the Site or any Content to advertise or perform any commercial solicitation without our prior written permission.
14d: Abide By Applicable Laws
You must abide by all applicable laws and you agree not to intentionally or unintentionally violate any applicable local, state, national or international law. For example, you agree not to: (a) “stalk" or otherwise harass any other member or user of the Site; (b) attempt to view, gain access to, collect or store personal data about other users of the Site without authorization; (c) harm minors in any way or seek to obtain the personal information of any minors; (d) impersonate any person or entity, including, but not limited to, an agent or official of the Site or Pine River; (e) falsely state or otherwise misrepresent your affiliation with any person or entity; (f) forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials or communications transmitted to, from or through the Site;
You may not upload, e-mail or otherwise transmit to Pine River or through the Site any of the following: sexually-explicit images or statements; unauthorized advertising, promotions, or other communications, such as junk mail, surveys, spam, chain letters, pyramid schemes; material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code; files or programs that might interrupt, limit or interfere with, damage, surreptitiously intercept or expropriate any system, data or information related to the Site or any computer software, hardware or other equipment that is owned, leased or used by Pine River; any materials or links to other sites that contain content that is, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, slanderous, invasive of another's privacy or right of publicity, hateful, or otherwise objectionable under community standards for appropriate and decent conduct.
15: COMMUNITY STANDARDS AND CONDUCT GUIDELINES
You acknowledge that all materials, whether publicly posted or privately transmitted by any third party, is the sole responsibility of the person from whom such materials originated. You are entirely responsible for all materials and comments that you post, email or otherwise transmit to the Site. Pine River does not control third party materials posted at the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such materials. You understand that by using the Site, you may be exposed to materials that may be offensive, indecent or objectionable to you. Under no circumstances will Pine River be liable in any way for any of your or third-party materials. However, we do reserve the unrestricted right to remove any materials or content posted by you or any other third party.
16: PRIVACY STANDARDS
17: DISCLAIMERS & LIMITATIONS ON LIABILITY
We use normal business efforts to maintain the Site, but we are not responsible for any defects or failures associated with the Site or any damages (such as but not limited to lost data, profits or other consequential damages) that may result from any such defects or failures. We make no guarantees as to the Site, the Content or any information located worldwide throughout the Internet to which you may gain access as a result of the use of the Site.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT IS PROVIDED TO YOU ON AN "AS IS” AND “AS AVAILABLE" BASIS ONLY. YOU USE THEM AT YOUR SOLE RISK. PINE RIVER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE RESULTS OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, OR ANY COMPUTER SYSTEM YOU USE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL OR ACCESS TO OR USE OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL PINE RIVER PRE-PACK, INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
18: ADVERTISEMENT DISCLAIMER
We may display advertisements on the Site to help you locate and potentially purchase products or services (collectively "Merchandise") from online and offline retailers. We do not, however, control these independent retailers and does not provide any assurance, warranty or guarantee of any kind that you will be satisfied with their Merchandise or that they will protect your personal security or information.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PINE RIVER, ITS PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, ACTIONS AND PROCEEDINGS AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM: (A) YOUR USE OF THE SITE AND/OR CONTENT, (B) ANY MATERIALS YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE, (C) YOUR VIOLATION OF THESE TERMS, and (D) YOUR VIOLATION OF ANY LAW OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY PERSON OR ENTITY.
20: TERMINATION AND MODIFICATION
You understand and agree that Pine River, in its sole discretion, may terminate or modify your right to use of the Site and/or Content, and may remove and discard any materials you upload to the Site, for any reason and at any time, with or without notice.
21: MOBILE DEVICES
Some mobile devices may not be capable of accessing the Site in its entirety. We are not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access the Site using a mobile device. Furthermore, you agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with use of the mobile device.
22: APPLICABLE LAW
We manage the Sites from offices within the State of Wisconsin in the United States. If you choose to access any of the Sites from other locations, you do so at your own risk and initiative and are responsible for compliance with any applicable local laws and regulations. You agree that the laws of the State of Wisconsin (excluding any choice of law rules) govern your rights and obligations relating to Pine River and your use of the Site and/or Content, and that exclusive jurisdiction and venue for any disputes shall be the state or federal courts located in Wisconsin.
23: SEVERABILITY AND WAIVER
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No failure or delay by Pine River to exercise any right, power or privilege hereunder shall operate as a waiver.
24: COPYRIGHT AGENT FOR CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, we designate the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our designated agent for notification may be contacted at:
Pine River Pre-Pack, Inc.
10134 Pine River Road
Newton, WI 53063
25: INCORPORATED POLICY TERMS
Additional terms and conditions may apply to specific locations on the Sites or other services offered by Pine River. All such terms and conditions are incorporated herein by reference and shall be binding upon all users.
26: ENTIRE AGREEMENT
These Terms, and any additional Pine River policies identified in Section 25 constitute the entire agreement between you and Pine River with regard to the Site and Content. All prior agreements, representations, statements, negotiations, and undertakings with respect to the subject matter herein are superseded by these Terms. Terms that by their nature are intended to survive the termination, cancellation, or expiration of these Terms shall survive.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Content or the Terms must be filed within one (1) year after first occurrence of the circumstances upon such claim or cause of action arose, or be forever barred.