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Terms and Conditions

The Wisconsin Apple Growers Association appreciates your visit to this web site SavorWisconsin.com. Please read the following terms and conditions (“Terms and Conditions”) carefully before using this Site as use of this Site constitutes your acceptance of these Terms and Conditions. Your access to and use of the Site is subject to the following terms and conditions (the “Terms and Conditions”) and all applicable laws. If you do not agree to abide by these Terms and Conditions, do not use the Site or download material from the Site.

Terms and Conditions

1. As used in these Terms and Conditions, the Wisconsin Apple Growers Association shall mean the Wisconsin Apple Growers Association or its contractors.

2. This Site may be linked to other sites that are not maintained by the Wisconsin Apple Growers Association (“Linked Sites”). If you use any of the Linked Sites, you will leave this Site. The Wisconsin Apple Growers Association is not responsible for the content of the Linked Sites. Links to Linked Sites do not constitute an endorsement from the Wisconsin Apple Growers Association or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of the Wisconsin Apple Growers Association. Linked Sites are for informational purposes only, and it is your responsibility to evaluate the content and usefulness of the Linked Sites. If you decide to visit any of the Linked Sites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

3. The Wisconsin Apple Growers Association presents the material and Promotional and Educational Material (as hereinafter defined) on this Site as a service to its customers and other Internet users. The Wisconsin Apple Growers Association makes no commitment to update the Site content or materials. Any unauthorized downloading or distribution of any copyrighted material from this Site or from Linked Sites, without the copyright owner's permission, is strictly prohibited.

4. This Site and the materials contained in this Site are copyrighted, protected by worldwide copyright laws and treaty provisions, and provided for lawful purposes only. The Wisconsin Apple Growers Association reserves all rights under these laws, and except as specifically permitted below, modifying, copying, distributing or using for any purpose the materials contained in this Site is strictly prohibited.

Notwithstanding the foregoing, the Wisconsin Apple Growers Association may make available certain copyrighted materials, including but not limited to photographs and marketing materials (collectively the “Promotional Materials”) to certain users of the Site for marketing and promotional purposes. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Wisconsin Apple Growers Association shall retain at all times ownership of and all intellectual property rights to the Promotional Material.

Unless otherwise indicated, all marks displayed on the Wisconsin Apple Growers Association’s Site are subject to the trademark rights of the Wisconsin Apple Growers Association. Any use of our trademarks, tradenames, and logos in which the Wisconsin Apple Growers Association, its subsidiaries, affiliates, divisions, and licensors, do business is strictly prohibited absent the Wisconsin Apple Growers Association a prior written consent. In addition, the names, trade names, and trademarks of third parties that appear on this Site are proprietary to their respective owners and may be used only with their express permission.

5. The Wisconsin Apple Growers Association makes no warranty or representation of any kind as to (i) the accuracy, completeness, reliability, use of or the results of the use of the materials, promotional materials, and linked sites, (ii) the availability for use of any copyrighted, trademarked or proprietary materials of third parties that may appear on this site, (iii) whether site service will be uninterrupted or error-free, or (iv) whether any materials or promotional or educational materials available on or accessible through the site are free of viruses, worms, trojan horses, or other harmful components. You acknowledge that reliance on any such materials, promotional materials and linked sites shall be at your sole risk. The Wisconsin Apple Growers Association reserves the right, in its sole discretion, but without obligation, to correct any errors or omissions in any portion of the site. The Wisconsin Apple Growers Association may make any other changes at any time without notice to the site, the materials, or promotional materials described in the site.

Without limiting the foregoing, this site and the materials and promotional materials available on or accessible through this site, are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. This exclusion of implied warranties may not apply to you to the extent that applicable law may not allow the exclusion of implied warranties.


6. Neither the Wisconsin Apple Growers Association nor anyone whose materials or information appear on this site shall have any liability (whether based on contract, tort, statute, or otherwise), under any circumstances, for any costs, losses, or damages (whether direct, indirect, incidental, special, punitive, exemplary, consequential or other damages, including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) arising out or in connection with your access to, browsing of, use of (or your inability to use), or reliance on this site, any of the contents of this site or any linked sites, even if there is negligence or the Wisconsin Apple Growers Association or an authorized Wisconsin Apple Growers Association representative has been advised of the possibility of such damages, or both. The exclusion on consequential and incidental damages may not apply to you, to the extent that applicable law may not allow the exclusion of consequential and incidental damages. The Wisconsin Apple Growers Association’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation negligence), or otherwise) will not be greater than the amount, if any, you paid specifically to access this site.

7. Any person or entity, including but not limited to an entity’s officers, directors, employees, contractors, and agents, that uses this site agrees to defend, indemnify, and hold the Wisconsin Apple Growers Association, its officers, directors, members, shareholders, contractors, employees, agents, successors, and assigns harmless from any and all (i) losses, claims, damages, liabilities, and costs, including reasonable attorneys’ fees, resulting from or arising out of any act or omission by such person or entity relating to that person’s or entity’s use of this site and (ii) all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these terms and conditions by such person or entity.

8. This Site is controlled, maintained, and serviced by the Wisconsin Apple Growers Association within the State of Wisconsin, United States of America and is made available only to provide information about the Wisconsin Agricultural Industry. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials or Promotional Materials in this Site in violation of U.S. export laws and regulations. This Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Wisconsin, by accessing this Site both you and the Wisconsin Apple Growers Association agree that the statutes and laws of the State of Wisconsin, without regard to conflicts of laws principles, exclusively will govern the construction of these Terms and Conditions and all matters relating to the use of this Site. You and the Wisconsin Apple Growers Association also consent, and hereby submit, to the exclusive personal jurisdiction and exclusive venue of the Circuit Court of Dane County, Wisconsin, or the United States District Court for the Western District of Wisconsin with respect to all matters relating to the use of this Site.

9. Except as provided by the Wisconsin Apple Growers Association’s Privacy Policy, all remarks, questions, suggestions, ideas, graphics, data or other information communicated to the Wisconsin Apple Growers Association directly through this Site or e-mail will become the exclusive property of the Wisconsin Apple Growers Association, and is, and will be treated as, non-confidential and nonproprietary, and may be used for any purpose, including, but not limited to, reproduction, transmission, publication, broadcast, and posting. Furthermore, the Wisconsin Apple Growers Association is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, and the Wisconsin Apple Growers Association will not incur any liability as a result of any similarities to the communicated materials that may appear in the Wisconsin Apple Growers Association’s products, business or services.

10. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. These Terms and Conditions are the entire agreement between you and the Wisconsin Apple Growers Association relating to the use of this Site and it cannot be modified orally by any representative of the Wisconsin Apple Growers Association. Any agreement which varies these Terms and Conditions must be made in writing and signed by you and the Wisconsin Apple Growers Association. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises.

11. The Wisconsin Apple Growers Association may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of or contained in the Site, at anytime. The Wisconsin Apple Growers Association may also impose limits on certain features and services or restrict your access to all or parts of the Site without notice or liability. The Wisconsin Apple Growers Association may terminate the authorizations and rights granted, and, upon such termination, you shall immediately destroy all materials and Promotional Materials, including but not limited to any and all related documentation and all copies and installations.

The Wisconsin Apple Growers Association reserves the right, in its sole and exclusive discretion, to revise these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when made and posted to the Site. Since you are bound by all revisions made by the Wisconsin Apple Growers Association, you should review this page each time you connect to the Wisconsin Apple Growers Association’s Site. Your continued use of the Site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes.

 
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