TERMS AND
CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. By using this Website (www.senecafreetrade.com), you signify your
consent to these terms of use. If you do not agree to these terms of use,
please do not use this Website. We reserve the right, at our discretion, to
change, modify, add, or remove portions of these terms at any time. Please
check these terms periodically for changes. Your continued use of this Website
following the posting of changes to these terms (including our Privacy Policy),
subject to our procedures for material changes to our policy will mean you
accept those changes.
RESTRICTIONS
ON USE OF MATERIALS
This Website (www.senecafreetrade.com)
is owned and operated by Seneca Free Trade Association, its subsidiaries, or
its affiliates (referred to as "Seneca Free Trade Association,"
"we," "us," or "our" herein). No material from
this Website or any Website owned, operated, licensed or controlled by Seneca
Free Trade Association may be modified, copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way, except that you may
print one hard copy or download one copy of the materials on any single
computer for your personal, noncommercial home use, or to place an order to
purchase product from Seneca Free Trade Association, provided you keep
intact all copyright and other proprietary notices. Use of the materials for
any other purpose, modification of the materials, or use of the materials on
any other website or networked computer environment is strictly prohibited.
Absolutely no framing of this Website is permitted without the prior written
consent of Seneca Free Trade Association. Except as expressly stated in this
legal notice, no right or license to the materials or any portion thereof,
shall be granted or implied.
USE OF WEBSITE
Impersonation of others, including a Seneca Free Trade Association employee or
representative, as well as another user is prohibited. You may not upload to,
distribute, or otherwise publish through the Website any content which is
libelous, defamatory, obscene, threatening, an invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
otherwise give rise to liability or violate any law. You may not upload
commercial content on the Website or use the Website to solicit others for any
other commercial online service or other organization.
You may not without the prior written permission of Seneca Free Trade
Association, use any computer code, data mining software, "robot",
"bot", "spider", "scraper" or other automatic
device, or program, algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy any of the web pages,
data or content found on this Website or accessed through this Website. You may
not engage in the mass downloading of files from this Website; use the computer
processing power of this Website for purposes other than those permitted above;
or flood this Website with electronic traffic designed to slow or stop its
operation. You may not establish links to or from other websites to this
Website without the prior written consent of Seneca Free Trade Association.
INTELLECTUAL PROPERTY
All content included on this Website, such as text, graphics, code, logos,
button icons, images, audio clips and software, and the compilation of such
content (i.e. collection, arrangement and assembly) is the exclusive property
of Seneca Free Trade Association or its suppliers and is protected by U.S. and
other copyright laws and international treaties. The content and software on
this Website may be used as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display
or performance, of the content on this Website is strictly prohibited.
(www.senecafreetrade.com) and Seneca Free Trade Association are registered
trademarks of Seneca Free Trade Association. All other product
names contained in this Website are trademarks or registered trademarks of
their respective owners. The use or misuse of these trademarks except as
expressly authorized is prohibited. Seneca Free Trade Association enforces its
intellectual property rights to the fullest extent of the law. If you have
questions concerning the legal notices stated above, you may contact Seneca
Free Trade Association: Legal Department: Street, city/town, State, Zip, Phone
& Fax
SUBMISSIONS
TO Seneca Free Trade Association
Any information, including but not limited to remarks, suggestions, ideas,
graphics or other submissions, communicated to Seneca Free Trade Association through this Website
becomes the exclusive property of Seneca Free Trade Association, and Seneca Free
Trade Association is entitled to use the information submitted for any purpose
without restriction or compensation to the user sending the submission. The
user acknowledges the originality of any submission communicated to Seneca
Free Trade Association and accepts responsibility for its accuracy,
appropriateness and legality.
WARRANTY
DISCLAIMER
This Website and the materials and products on this Website are provided
"as is" and without warranties of any kind, either expressed or
implied. To the fullest extent permissible pursuant to applicable law, Seneca
Free Trade Association disclaims all warranties, expressed or implied,
including, but not limited to, implied warranties of merchantability and
fitness for a particular purpose and non-infringement. Seneca Free Trade
Association does not represent or warrant that the functions contained in the
Website will be uninterrupted or error-free, that defects will be corrected, or
that this Website or the server that makes it available are free of viruses or
other harmful components. Seneca Free Trade Association does not warrant or
make any representations regarding the use or the results of the use of the
materials in this Website in terms of their correctness, accuracy, reliability
or otherwise. You (and not Seneca Free Trade Association) assume the entire
cost of all necessary servicing, repair or correction. Some states do not
permit limitations or exclusions of implied warranties, so the above
limitations may not apply to you.
LIMITATION
OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Seneca
Free Trade Association be liable for any direct, indirect, punitive, incidental,
special or consequential damages that result from the use of or the inability
to use this Website or the performance of the products, even if Seneca Free
Trade Association or authorized representatives of Seneca Free Trade Association have been advised of
the possibility of such damages. Some states do not permit limitation or
exclusion of liability for incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no event shall Seneca Free
Trade Association total liability to you for damages, losses and causes of action
(whether in contract, negligence or otherwise) exceed the amount paid by you,
if any, for accessing this Website.
INDEMNIFICATION
As a condition of use of this Website, you agree to indemnify, defend, and hold
harmless Seneca Free Trade Association, its officers, directors, employees,
agents, licensors and suppliers (collectively "Service Providers")
from and against any and all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from your use of this Website, including
any claims alleging facts that if true would constitute a violation of these
terms or any activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the Website using your account.
TYPOGRAPHICAL
ERRORS
In the event that a product sold is mistakenly listed at an incorrect price, Seneca
Free Trade Association reserves the right to refuse or cancel any orders
placed for the product listed at the incorrect price, whether or not the order
has been confirmed and your credit card charged. If your credit card has
already been charged for the purchase and your order is cancelled, Seneca
Free Trade Association shall issue a credit to your credit card account.
OTHER
These terms shall be governed by and construed in accordance with the laws of
the state of New York, U.S.A., without giving effect to any principles of
conflicts of law, and expressly not by the United Nations Convention on
Contracts for the International Sales of Goods. You agree that any action at
law or in equity arising out of or relating to these terms shall be filed only
in the state or federal courts located in New York County and you hereby
consent and submit to the personal jurisdiction of such courts. If any
provision of these terms shall be unlawful, void, or for any reason
unenforceable, that provision shall be deemed severable from these terms and
shall not affect the validity and enforceability of any remaining provisions. Seneca
Free Trade Association's failure to insist upon or enforce strict performance of
any provision of these terms shall not be construed as a waiver of any
provision or right. This is the entire agreement between us relating to the
subject matter herein and shall not be modified except as described herein.