Your use of this Site constitutes your agreement and acceptance without modification of the Terms in effect at the time of your use. In addition, as a condition of your use of this Site, you represent and warrant to the Companies that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site or use or download any Materials available on this Site. We may update the Terms at any time, and if you keep using the Site after the Terms are updated, that will indicate your acceptance of the updated Terms.
The Companies are based in the State of California in the United States. The Companies provide this Site for use only by persons located in the United States. We make no claims that the Site or any of the Materials are accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Companies grant you a nonexclusive, nontransferable and revocable license to print individual pages from this Site and to use the information, data, material, software, tools, products, images, artwork, graphics, videos, plans, designs or services available on this Site (collectively, the "Materials") for your own personal, noncommercial use, provided that you do not modify or delete any copyright, trademark, or other proprietary notice or disclaimers. You may not modify, copy (except as set forth in the preceding sentence), store, download, upload, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or in any way exploit any Materials, in whole or in part, outside of the specific usage rights granted to you by the Companies as described in these Terms. The Materials are made available solely for general information purposes. The Companies do not warrant the accuracy, completeness, or usefulness of the Materials. All information, including pricing and availability, may be changed or updated without notice. You agree to use the Materials only for their intended lawful purpose and in accordance with applicable laws and regulations. We reserve the right to suspend, cancel, or discontinue the Site or any feature provided on the Site in whole or in part, or with respect to any individual user at any time without providing notice and without being liable to any user.
You agree not to: (a) use, employ, or attempt to use or employ any robot, spider, scraper, deep link or other similar automated data gathering or extraction programs, tools, utilities, algorithm or methodology to access, acquire, copy or monitor any portion of the Site, the Materials or any personally identifiable information, without the Companies express written consent; (b) use, employ, or attempt to use or employ any engine, software, tool, agent, or other device or mechanism (including, without limitation robots, spiders, avatars, intelligent agents, or browsers) to navigate or search the Site, other than the search engines and search agents available through the Site and other than generally available third-party web browsers; or, (c) excessively overload the Companies systems used to provide the Site. The foregoing list provides examples only and is non-exclusive. If you violate any of the foregoing or these Terms, your right to use the Site may be terminated by the Companies in its sole discretion with or without notice to you.
You are solely responsible for maintaining the confidentiality of your Account Information, your account and password, and you agree to accept sole responsibility for all activities that occur under your account or password.
You acknowledge and agree that the Companies or its licensors or partners own all right, title and interest in and to the Site and the Materials, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, API’s, products, software, services, and all other elements of the Site, and that the foregoing are protected by United States and international copyright, patent, trademark, trade secret or other proprietary rights and laws. Any use of the Site or the Materials other than as specifically authorized herein is strictly prohibited. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Site. Any rights not expressly granted herein are reserved by the Companies.
The trademarks, service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Companies and others. Those Trademarks include, but are not limited to: Humboldt Redwood™, Humboldt Redwood Naturally Strong, Naturally Beautiful™, the Humboldt Redwood logo™, MRC®, Mendocino®, TrueGuard®, the Mendocino logo®, Emerald Peat™, and the Emerald Peat logo™. Other product and company names mentioned in this Site may be the Trademarks of their respective owners. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The Companies Trademarks may not be used in any way, including in advertising or publicity, without prior, written permission from the Companies.
Links to Third Party Sites
This Site may contain links to sites owned or operated by parties other than the Companies. Such links are provided only for your reference and your convenience (such as to purchase products). The Companies do not control outside sites and are not responsible for their content. The Companies inclusion of links to an outside site does not imply any endorsement of the material on the site or any sponsorship, affiliation or association with its owner, operator or sponsor. The Companies make no representations whatsoever about any other website that you may access through this Site. The policies at other sites, which may be owned and operated by third parties, may be different from these Terms. Those third party sites’ policies will govern the use of information you provide to them. We encourage you to be aware when you leave our Site and to read the policies of these third party websites.
We prohibit caching, unauthorized hypertext links to this Site, or the "framing", "in-line linking", "deep linking", or "mirroring" of any Materials available on this Site. As such, we reserve the right to disable any unauthorized links or frames and specifically disclaim any responsibility for the Materials available on any other website linked to this Site.
The Companies also may make employment information available through this Site. The Companies are an equal opportunity employer. The Companies provide equal employment opportunity to qualified persons without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age, veteran status or disability. The Companies policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.
No Warranties; Exclusion of Liability
THE COMPANIES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SITE OR THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANIES SPECIFICALLY DISCLAIMS ALL GUARANTEES, WARRANTIES AND CONDITIONS OF ANY KIND, REGARDING THE CONDITION, ACCURACY, COMPLETENESS, RELIABILITY, ADEQUACY, FUNCTIONALITY, OR SUITABILITY OF THE SITE OR THE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANIES DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, COMPLETELY SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANIES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE OR THE MATERIALS, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA CAUSED BY VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY MATERIALS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT, OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE OR THE MATERIALS. YOUR USE OF THIS SITE AND THE MATERIALS IS AT YOUR OWN RISK.
IN NO EVENT SHALL EITHER THE COMPANIES, THEIR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, THE LOSS OR CORRUPTION OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, MALICIOUS INTENT OR INTRUSION BY A THIRD PARTY, VIRUSES, OR ACTIONS OF ANY USER OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE MATERIALS FOR ITS PURPOSES, AND THE COMPANIES SHALL HAVE NO LIABILITY FOR SUCH SELECTION.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.
You agree to indemnify, defend, and hold harmless the Companies and their officers, directors, members, employees, representatives, agents, licensors, suppliers, and affiliates from and against all losses, expenses, liabilities, damages and costs, including reasonable attorneys' fees and court costs resulting from: (a) any violation of these Terms, (b) your use of the Site and the Materials, and (c) any activity related to your account (including, but not limited to, negligent or wrongful conduct by you or any other person accessing the Site using your account or computer).
These Terms shall be deemed to have been made in, and shall be construed pursuant to the laws of, the State of California, without regard to its conflict of laws rules. The parties agree that any action or proceeding arising out of or related to this Agreement shall be brought exclusively in the federal and state courts located in San Francisco, California, and the parties hereby consent to such venue and to the jurisdiction of such courts over such proceeding and themselves.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR THE MATERIALS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.