- By using the Website you manifest your assent and agree to be bound by the terms of this Agreement. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. King Orchards reserves the right to suspend, replace, modify, amend, or terminate this Agreement at any time and within its sole and absolute discretion.
- Disclaimer of Warrantees and Limitation of Liability – The material contained in this Website has been checked for accuracy; however, all material is provided without any express or implied warranties, including warranties of title, merchantability, accuracy, fitness, security, and non-infringement. King Orchards assumes no responsibility for any errors or omissions in the material. In no event shall King Orchards or its affiliates be liable for any special, compensatory, punitive, indirect or consequential damages, including attorney’s fees, resulting from any use or performance of, or content errors or omissions in the material, even if notified in advance of the potential for such damages. All users of the material agree that access to and use of the material is subject to the terms and conditions stated in this legal notice, as well as all applicable laws, and such access and use is at the user’s own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this legal notice.
- Links to Third Party Content – You acknowledge and agree that the Website may contain links to third party websites or content that King Orchards does not own or control. You are advised to review the terms and conditions of any third party websites or content linked to through the Website, and you agree that King Orchards will not be responsible for websites not under the ownership or control of King Orchards. King Orchards specifically disclaims any responsibility for the content available on any other websites linked to the Website. Your use of or access to any other websites linked to the Website is at your own risk.
- Order Acceptance Policy – Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. King Orchards, reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item. King Orchards, will, in such cases, cheerfully refund any payment or partial payment made in lieu of shipping the merchandise ordered.
- State Sales Tax – King Orchards reserves the right to automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within our home state of Michigan. For orders shipped to other states, the buyer is solely responsible for all sales taxes or other taxes.
- Pricing Errors – In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, King Orchards shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. King Orchards shall have the right to refuse or cancel any such orders 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 canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
- Non-confidential communication – All information, ideas, suggestions or other communications you transmit to King Orchards shall be on a non-confidential basis. King Orchards and its affiliates shall be free to reproduce, use, disclose and distribute such communications without limitation or obligation.
- Copyright Infringement Policy – If you believe that content residing or accessible on the Website infringes a legitimate copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that King Orchards, is capable of finding and verifying its existence.
- Contact information about the notifying party (“the Notifying Party”), including name, address, telephone number and e-mail address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- The Notifying Party’s physical or electronic signature.
After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, King Orchards will disable access to or remove material that it has a reasonable, good faith belief is copyrighted material.
- Designated Agent for Copyright and Trademark Notices – King Orchards 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 our legal representation at King Orchards 4620 N M-88, Central Lake, Michigan, 49622 or call 231-544-6479.
- Indemnification – You agree to indemnify, defend, and hold harmless King Orchards, its officers, shareholders, members, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your violation of any term or condition of this Agreement; (iii) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
Your obligation to defend King Orchards will not provide you with the ability to control King Orchards defense, and King Orchards reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
- ARBITRATION – YOU ACKNOWLEDGE AND AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING ANY CLAIM OR CONTROVERSY CONCERNING INTERPRETATION OF THIS AGREEMENT, OR YOUR USE OF THE WEBSITE WILL BE SETTLED BY ARBITRATION PURSUANT TO THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THIS ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR RANDOMLY SELECTED FROM A LIST OF NEUTRAL ARBITRATORS MAINTAINED BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON ANY AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE ARBITRATOR WILL BE PROVIDED WITH THE RIGHT TO AWARD COSTS AND ATTORNEYS’ FEES TO THE PREVAILING PARTY. THIS ARBITRATION WILL BE HELD IN TRAVERSE CITY, MICHIGAN AND BOTH PARTIES AGREE THAT THEY WILL BE REQUIRED TO BE PRESENT IN TRAVERSE CITY, MICHIGAN FOR ARBITRATION UNDER THE TERMS OF THIS AGREEMENT AND HEREBY SUBMIT TO EXCLUSIVE PERSONAL JURISDICTION IN TRAVERSE CITY, MICHIGAN. THE ARBITRATOR WILL APPLY THE LAWS OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES IN DECIDING ANY CONTROVERSY OR CLAIM PURSUANT TO THIS ARBITRATION CLAUSE.
- Force Majeure – King Orchards will not be responsible for any delay or failure in performance of the Website arising out of any cause beyond King Orchards control, such as acts of God, war, riots, fire, terrorist attacks, power outages, severe weather, or other accidents.
- Survivability – The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement or the Website, including, but not limited to, your duty to indemnify and defend King Orchards.
- Severability – In the event any term or condition of this Agreement is deemed invalid or unenforceable, the remaining terms and conditions of this Agreement will remain in full force and effect.
- Interpretation – This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
- Assignment – You are expressly prohibited from assigning your rights and duties under this Agreement. King Orchards reserves the right to assign its rights and duties under this Agreement, including in a sale of King Orchards or its Website.
- Any and all questions can be addressed through our contact page.