ATTENTION: PLEASE READ
ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS WEB SITE.
USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF
YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS
FROM THIS SITE.
The Site and its Use
Heeler Haven Rescue, Inc. Web site is owned and provided by 4D Acres Farm from its location
in Oxford, North Carolina. The applicable Web site or sites are referred to
herein as the "Site." Each Site is provided for your personal
information and non-commercial use. Please feel free to browse the Site;
however, your access to and use of the Site is subject to these Terms and all
applicable laws.
You shall use the Site for
lawful purposes only. You shall not post or transmit through the Site any
information or material which violates or infringes, in any way, the rights of
others, or which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise
objectionable. Nor shall you post or transmit through the Site any information
or material which encourages conduct that would constitute a criminal offense,
give rise to liability or otherwise violate any law or administrative ruling or
guidelines, is in violation of these Terms, or which, without 4D Acres Farm’s
or Heeler Haven Rescue, Inc.'s prior written approval, contain advertising or any solicitation with respect to
products or services. Any conduct by you that, in 4D Acres Farm’s or Heeler
Haven Rescue, Inc.'s opinion,
restricts or inhibits any other user from using or enjoying the Site will not be
permitted.
The Site contains
information and materials, including but not limited to, text, software, photos,
video, graphics and audio, (collectively "Materials") which are
derived in whole or in part from information and materials supplied by 4D Acres
Farm, Heeler Haven Rescue, Inc. and other sources, and are protected by international copyright, trademark
and other laws and the entire content of the Site is copyrighted as a collective
work under the United States Copyright Laws. 4D Acres Farm owns the copyright in
the overall selection, coordination, arrangement and enhancement of such
content, and owns the rights in, or license to use, the individual components of
such content. Materials may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted or distributed in any way or de-compiled, reverse
engineered or disassembled, including but not limited to the text, images, audio
and/or video, as well as any software (including but not limited to any images
or files incorporated in or generated by the software or data accompanying such
software), except that you may download one copy of the Materials on any single
computer for your personal, non-commercial use only, provided you keep intact
all copyright, trademark and other proprietary notices and make no change in or
deletion of author attribution. This limited authorization is not a transfer of
title in the Materials and by your use of the Site, you acknowledge that you do
not acquire any license, ownership or other rights to the Materials.
Modification of the Materials or use of the Materials for any other purpose is a
violation of 4D Acres Farm’s or such other sources' copyright, trademark and
other proprietary rights and may violate other laws. The use of any such
Materials on any other Web site or networked computer or environment is
prohibited without 4D Acres Farm’s or Heeler Haven Rescue, Inc.'s express written consent. If you breach any
of these Terms, your authorization to use the Site automatically terminates and
you must immediately destroy any downloaded or printed Materials.
Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS IS"
WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT,
OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES
MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. 4D ACRES FARM OR HEELER HAVEN
RESCUE, INC. ALSO DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED
TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED OR
DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY
RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT
YOUR SOLE RISK.
4D ACRES FARM OR HEELER
HAVEN RESCUE, INC. ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY
INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO,
USE OF, OR BROWSING IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR
YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
Third-Party Sites
4D Acres Farm or Heeler Haven Rescue, Inc. may provide as a convenience to you, links to Web sites operated
by other entities and persons, but makes no representations whatsoever about any
other Web site which you may access through this one. Any link to a non-Heeler
Haven Rescue, Inc. Web site does not mean that Heeler Haven Rescue, Inc. or 4D
Acres Farm endorses or accepts any
responsibility for the content, or the use of such Web site. If you use these
sites, you do so at your own risk. Heeler Haven Rescue, Inc. or 4D Acres Farm makes no warranty or
representation regarding, and does not sponsor or endorse, any linked Web sites
or the information or materials appearing thereon or any of products and
services described thereon. Furthermore, links do not imply that Heeler Haven
Rescue, Inc. or 4D Acres Farm
is affiliated or associated with, or that any linked site is authorized to use
any trademark, trade name, logo, or copyright of 4D Acres Farm.
Third Party Content
Any opinions, statements, services, offers or other information or content
expressed or made available in the Site by any third party are those of the
respective author(s) or distributor(s) and not of 4D Acres Farm or Heeler Haven
Rescue, Inc.
Limitation of Liability
Your use and browsing of the Site is at your risk. If you are dissatisfied with
any of the Materials contained in the Site, or with any of these Terms, your
sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL
4D ACRES FARM OR HEELER HAVEN RESCUE, INC., ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN
CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT,
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST
PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR
ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEB
SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES
(INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF
PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION;
DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS;
COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
4D ACRES FARM OR HEELER HAVEN RESCUE, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4D ACRES FARM OR HEELER
HAVEN RESCUE, INC. SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR
OTHER THIRD PARTY.
Heeler Haven Rescue, Inc.
or 4D Acres Farm’s
obligations and responsibilities regarding its products and services are
governed solely by Heeler Haven Rescue, Inc. and 4D Acres Farm’s terms and conditions of sale or license
under which such products and services are sold or licensed. Copies of such
terms and conditions are available from the applicable Heeler Haven Rescue, Inc.
or 4D Acres Farm entity.
Year 2000 Information and
Readiness Disclosure Act of 1998
Information contained on Heeler Haven Rescue, Inc. or 4D Acres Farm’s past and present Year 2000 Web site
pages regarding products and services offered by 4D Acres Farm or Heeler Haven
Rescue, Inc. are "Year
2000 Readiness Disclosures" under the Year 2000 Information and Readiness
Disclosure Act of 1998, a U.S. statute. Information on Year 2000 regarding
non-4D Acres Farm or non-Heeler Haven Rescue, Inc. products and services are "Republications" under the
Act based on information supplied by other companies and persons about the
products and services they offer. 4D Acres Farm or Heeler Haven Rescue, Inc. has not independently verified
the contents of these Republications and takes no responsibility for the
accuracy or completeness of information contained in such republications.
Safe Harbor
The Materials at the Site may contain various forward-looking statements and
which may be based on or include assumptions, concerning 4D Acres Farm’s and
Heeler Haven Rescue, Inc.'s operations, future results and prospects. These forward-looking statements are
based on current expectations and are subject to risk and uncertainties. In
connection with the "safe harbor" provisions of the United States'
Private Securities Litigation Reform Act of 1995, 4D Acres Farm provides the
following cautionary statement identifying important economic, political and
technology factors which, among others, could cause the actual results or events
to differ materially from those set forth or implied by the forward-looking
statements and related assumptions.
Such factors include the
following: (1) changes in the current and future business environment, including
interest rates and capital and consumer spending; (2) competitive factors and
competitor responses to 4D Acres Farm’s or Heeler Haven Rescue, Inc.'s initiatives; (3) successful
development and market introductions of anticipated products; (4) changes in
government laws and regulations, including taxes; (5) unstable governments and
business conditions in emerging economies; (6) continuation of the favorable
environment to make acquisitions, domestic and foreign, including regulatory
requirements and market values of candidates.
Information Provided By
You
It has been and remains 4D Acres Farm’s and Heeler Haven Rescue, Inc.'s policy not to accept or consider
ideas, suggestions or materials other than those that 4D Acres Farm or Heeler
Haven Rescue, Inc. has
specifically requested from you. Accordingly, 4D Acres Farm and Heeler Haven
Rescue, Inc. does not want you
to, and you should not, send any confidential or proprietary information to 4D
Acres Farm or Heeler Haven Rescue, Inc. through the Site unless specifically requested by 4D Acres
Farm or Heeler Haven Rescue, Inc.
Please note that any unsolicited information or material sent to 4D Acres Farm
or Heeler Haven Rescue, Inc. will be deemed not to be confidential or proprietary. By submitting information
and material to the Site, you automatically grant to 4D Acres Farm and Heeler
Haven Rescue, Inc. (or warrant
that the owner of such information and material has expressly granted to 4D
Acres Farm and Heeler Haven Rescue, Inc.) a royalty-free, perpetual, irrevocable, unrestricted, right and
license to use, reproduce, display, perform, modify, adapt, publish, translate,
transmit and distribute, or otherwise make available to other such information
and material (in whole or in part and for any purpose) worldwide and/or to
incorporate it in other works in any form, media, or technology now known or
hereafter developed. You also agree that 4D Acres Farm or Heeler Haven Rescue,
Inc. is free to use any ideas,
concepts, know-how, or techniques that you send 4D Acres Farm or Heeler Haven
Rescue, Inc. for any purpose.
As further provided above,
4D Acres Farm and Heeler Haven Rescue, Inc. does not want to receive, and you are deemed to covenant and agree
through the use of the Site not to provide, any information or materials to 4D
Acres Farm or Heeler Haven Rescue, Inc. that are defamatory, threatening, obscene, harassing, in violation of
any law, governmental requirements or otherwise unlawful, or that incorporate
the proprietary information or materials of another person or entity.
You shall not upload, post
or otherwise make available on the Site any information and material protected
by copyright, trademark or other proprietary right without the express written
permission of the owner of such right(s). You shall be solely liable for any
damages resulting from any infringement of copyright, proprietary rights, or any
other harm resulting from such a submission.
Changes
4D Acres Farm and Heeler Haven Rescue, Inc. reserves the right, in its sole discretion, to revise these Terms
at any time and correct any errors or omissions in any portion of the Site and
Materials. Materials may also be changed, modified, added, or removed and
updated without notice at any time; however, 4D Acres Farm or Heeler Haven
Rescue, Inc. is under no
obligation to update Materials. 4D Acres Farm or Heeler Haven Rescue, Inc. may also make changes in the
products, services, programs, or prices (if any) described in the Site at any
time without notice. Your continued use of the Site after any change 4D Acres
Farm or Heeler Haven Rescue, Inc. makes to the Site will be considered acceptance of those changes. You
should revisit these Terms from time to time to review the then-current Terms
because they are binding on you.
Linking to Site:
Anyone linking to 4D Acres Farm’s or Heeler Haven Rescue, Inc.'s Site must comply with 4D Acres Farm’s
and Heeler Haven Rescue, Inc.'s guidelines for linking to 4D Acres Farm’s or
Heeler Haven Rescue, Inc.'s Site and all applicable laws.
International Users
The Site is administered by 4D Acres Farm from its location in the United
States. Materials published at the Site may refer to products, programs, or
services that are not available in your country. Furthermore, 4D Acres Farm and
Heeler Haven Rescue, Inc. makes no representation that the Materials at the Site are appropriate or
available for use at other locations outside of the United States and access to
them from territories where their contents are illegal is prohibited. You may
not use the Site or export information and materials in violation of the export
laws of the United States or any other country. If you access the Site from a
location outside of the United States, you are responsible for compliance with
all applicable laws.
Governing Law
These Terms shall be governed by the laws of the State of North Carolina,
without giving effect to any principles of conflicts of law. If any provision of
this Agreement and Terms shall be unlawful, void, or for any reason
unenforceable then that provision shall be severable from these Terms and shall
not affect the validity and enforceability of any remaining provisions.
These Terms constitute the
entire agreement between 4D Acres Farm and Heeler Haven Rescue, Inc. and you with respect to your use of the
Site. Any cause of action you may have with respect to your use of the Site must
be commenced within six (6) months after the claim or cause of action arises.
Privacy:
Overview
4D Acres Farm and Heeler Haven Rescue, Inc. are aware of the need to address Internet privacy issues and we
believe you should be aware of how we intend to treat any information about you
that we might receive on the Internet as a result of your visit to the Site.
Information About 4D
Acres Farm On-Line Visitors
You can visit 4D Acres Farm or Heeler
Haven Rescue, Inc. on the Site without telling us who you are or
revealing any information about yourself. Our web servers collect the domain
names, not the e-mail addresses, of visitors. In general, we gather information
about users of the Site collectively in order to determine, for example, which
areas users access more frequently and which Materials users access the most.
This information helps us to determine what is most beneficial for our users,
and how we can continually create a better overall experience for our users by
improving the content of the Site.
There are times however,
when we may need information from you, such as your name and address.
Customarily, the personal information 4D Acres Farm or Heeler Haven Rescue, Inc.
obtains is used only to
respond to inquiries, to process orders, or to allow the user to access specific
account information. We may also ask you to voluntarily provide us with
information for market research such as, your interests, demographics, and
experience with our products. We do not make the names,
e-mail or physical addresses, or telephone numbers of those who provide
information available to other reputable organizations whose products or
services we think you may find interesting. We do not distribute any
personal information unless written permission from the user is obtained.
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Cookies
There is a technology called "cookies" which is an element of data
that a Web site can send to your browser which may then store on your system.
Some Site pages use cookies so that we can better serve you when you return to
our Site. You can set your browser to notify you when you receive a cookie,
giving the chance to decide whether to accept it.
Web Site Links
4D Acres Farm’s and Heeler Haven Rescue, Inc.'s Sites may contain links to other Web sites. While 4D Acres Farm
and Heeler Haven Rescue, Inc. try to link only to sites that share its high standards and respect for
privacy, 4D Acres Farm or Heeler Haven Rescue, Inc. cannot take responsibility for the content or the privacy
practices employed by other sites.
Changes
If at anytime 4D Acres Farm or Heeler Haven Rescue, Inc. changes its privacy commitment, 4D Acres Farm will
post those changes here so that you will know what information 4D Acres Farm or
Heeler Haven Rescue, Inc. gathers and how 4D Acres Farm might use that information.
© 2003, 4D Acres Farm Co., All Rights Reserved