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Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU.

Interpretation:

The original text of this Terms of Use is in English and any interpretation of it will be based on the original English text. In the event of a conflict between different translations of this Terms of Use or any documents or notices related thereto, the original English version will prevail.

User's Acknowledgment and Acceptance of Terms

MYHARVESTAMERICA ("MYHARVESTAMERICA" or "we") provides the MYHARVESTAMERICA.com site and various related sites and services, including but not limited to, MYHARVESTAMERICA.net and MYHARVESTAMERICA.com (collectively referred to herein as this "site") subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the "Terms of Use"), as well as any other written agreement between us or your company. In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms, conditions, and disclaimers in addition to those in these Terms of Use. All such guidelines or rules, including but not limited to MYHARVESTAMERICA Privacy Policy, are hereby incorporated by reference into these Terms of Use.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THIS SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE. YOU FURTHER AGREE THAT BY USING THIS SITE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
MYHARVESTAMERICA reserves the right to change, modify, add, or remove portions of these Terms of Use at any time without prior notice. In addition, MYHARVESTAMERICA may, in its sole discretion and without prior notice, modify or discontinue this site at any time. MYHARVESTAMERICA shall post any revision to these Terms of Use on this site and the revision shall be effective immediately on such posting. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Use and your agreement to abide and be bound by the modified Terms of Use.

There are no investments ever required to participate in MYHARVESTAMERICA.com shoppers program. An optional yearly administration hosting Fee of $39.95 covers the cost of your self replicated websites, hosting, bandwidth and support and training system. If purchased, the administration hosting Fee is not refundable.

Trademark and Copyright Notice

© 2009 MYHARVESTAMERICA Corporation. All rights reserved.
The MYHARVESTAMERICA® name, logos, product names, service names, domain names and design marks are all trademarks of MYHARVESTAMERICA and in most cases are registered as such. These marks identify MYHARVESTAMERICA, its products and services and inform the public of the sources of those products and services. Except as expressly provided in these Terms of Use, nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site. In addition, the graphic images, buttons, and text contained in these pages, unless otherwise noted, are the exclusive property of MYHARVESTAMERICA, and may not be copied, distributed, or displayed, except as otherwise stated herein, without the express written consent of MYHARVESTAMERICA. Nothing in these Terms of Use grants you any ownership rights in MYHARVESTAMERICA intellectual property.

Single Copy License

Any unauthorized use of any materials on this site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. However, without in any way waiving any of the rights stated herein, you may download and print one copy of any Web page on this site on any single computer for your personal, non-commercial use in learning about, evaluating, or purchasing MYHARVESTAMERICA products and services, provided that you also retain any and all copyright, trademark and other proprietary notices contained on the materials you download and print. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, use for any commercial purposes or modify these materials.

Disclaimers and Limitation of Liability

ALL INFORMATION AND DOCUMENTS PROVIDED ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT OF MYHARVESTAMERICA'S INTELLECTUAL PROPERTY RIGHTS. MYHARVESTAMERICA USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE. HOWEVER, MYHARVESTAMERICA RESERVES THE RIGHT TO PERIODICALLY CHANGE, ADD, DELETE, IMPROVE OR UPDATE THE INFORMATION ON THIS SITE, INCLUDING THIS TERMS OF USE, WITHOUT NOTICE AND WITHOUT LIABILITY FOR DAMAGES INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF ANY ERRORS, OMISSIONS, OR DISCREPANCIES, AND YOU AGREE THAT EACH VISIT YOU MAKE TO THIS SITE SHALL BE SUBJECT TO THE CURRENT TERMS, CONDITIONS AND DISCLAIMERS. YOU ASSUME THE RISK OF ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE. MYHARVESTAMERICA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, THEFT, ALTERATION OR DESTRUCTION OF SITE CONTENT DUE TO UNAUTHORIZED ACCESS, OR ANY COMMUNICATION LINE FAILURE IN CONNECTION WITH YOUR USE OF THIS SITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION. IN NO EVENT SHALL MYHARVESTAMERICA BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC, CONSEQUENTIAL OR OTHER DAMAGES YOU MAY SUFFER, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THIS SITE OR THE INFORMATION CONTAINED HEREIN, EVEN IF MYHARVESTAMERICA IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. THE TERM "MYHARVESTAMERICA" AS USED IN THESE TERMS OF USE MEANS THE MYHARVESTAMERICA CORPORATION D.B.A MYHARVESTAMERICA AND ANY MYHARVESTAMERICA-AFFILIATED COMPANY, INCLUDING THEIR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND STOCKHOLDERS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
MYHARVESTAMERICA expressly disclaims any representations or warranties made by MYHARVESTAMERICA® Shoppers about MYHARVESTAMERICA or its products other than information provided in MYHARVESTAMERICA® literature, product labels or this site. MYHARVESTAMERICA expressly prohibits Shoppers and Customers from making any such non-approved representations or warranties and is not responsible or liable for the same.
MYHARVESTAMERICA® Shoppers are independent contractors. MYHARVESTAMERICA authorizes its Shoppers to refer individuals to this site to obtain information about MYHARVESTAMERICA and its products. MYHARVESTAMERICA-authorized Internet links that may be established by MYHARVESTAMERICA® Shoppers to make such referrals do not constitute any approval or authorization by MYHARVESTAMERICA of any statements made or other business conducted by MYHARVESTAMERICA® Shoppers or of any representations or warranties other than those found in MYHARVESTAMERICA® literature, product labels or this site.
Statements made about MYHARVESTAMERICA dietary supplement products (if any) have not been evaluated by the Food and Drug Administration. MYHARVESTAMERICA dietary supplements are not intended to treat, diagnose, cure, mitigate or prevent diseases or their symptoms.

Hyperlinks and "Framing"

If any person or entity links any page from this site to any other Web page or Internet site, that link does not reflect any approval or authorization by MYHARVESTAMERICA of any statements made or business conducted by that person or entity, and MYHARVESTAMERICA expressly disclaims any representations or warranties that may be made by that person or entity about MYHARVESTAMERICA or the company's products other than those found in MYHARVESTAMERICA® literature, product labels or this site, and MYHARVESTAMERICA is not responsible or liable for the same.
MYHARVESTAMERICA assumes no responsibility for any other party's site hyperlinked to this site, or in which any part of this site has been hyperlinked. In addition, MYHARVESTAMERICA assumes no responsibility for any other Web site in which any part of MYHARVESTAMERICA Web site has been framed. MYHARVESTAMERICA neither warrants nor represents that your use of materials displayed on this site will not infringe the rights of third parties not owned by or affiliated with MYHARVESTAMERICA.
Unless you are specifically and expressly authorized by MYHARVESTAMERICA, you may not use MYHARVESTAMERICA icons, site address, or other means to hyperlink other Internet sites with any page in this site, or "frame" any page or part of this site into any other Web site.

Indemnity

You agree to indemnify, defend, and hold harmless MYHARVESTAMERICA and any MYHARVESTAMERICA-affiliated company, including their agents, employees, officers, directors and stockholders from all third party claims, losses, liability, damages, and/or costs (including actual attorney fees and costs) arising from or related to your access to or use of this site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. MYHARVESTAMERICA will notify you promptly of any such claim, loss, liability, damages or costs, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damages, or costs.

International Use

MYHARVESTAMERICA makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited by law.
MYHARVESTAMERICA, in its sole discretion, may restrict the availability of this site to any person, country or jurisdiction at any time without prior notice.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship with MYHARVESTAMERICA and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Applicable Law and Jurisdiction

Any claims arising out of or relating to the use of this site shall be governed and resolved by the laws of the State of Arizona without regard to its conflict of laws principles. Any disputes arising out of or relating to the use of this site which cannot be resolved through negotiation will be subject to the sole and exclusive jurisdiction of a competent court in the County of Maricopa, the State of Arizona.

Entire Agreement

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Severability and Waiver

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Questions or Comments

If you have any questions or comments about MYHARVESTAMERICA.com, any other MYHARVESTAMERICA Website, or these Terms of Use, contact us via email at support@myharvestamerica.com


 

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