1000 Springs Mill, LLC, (hereinafter referred to as any of the following “1000 Springs", " we", " us" or " our") website, all online and offline services and all of our mobile sites and mobile applications together with any other services or products offered by 1000 Springs are subject to the terms and conditions described herein. Your use of the information, materials, text, images, any applications (including mobile applications) and any other content on the website is subject to these Terms and Conditions (hereinafter referred to as " Terms and Conditions"), which we may revise from time to time without notice. Please read these terms and conditions carefully. BY ACCESSING ANY PORTION OF THE WEBSITE OR ANY MOBILE APPLICATION, OR BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR HAVE REACHED THE AGE OF MAJORITY WHERE YOU RESIDE, OR THAT YOU HAVE REVIEWED THESE TERMS OF USE WITH YOUR PARENT OR LEGAL GUARDIAN AND SUCH PARENT AGREES TO THESE TERMS ON YOUR BEHALF AND TAKES FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THEM. IF YOU ARE UNDER THE AGE OF 18 YEARS, YOU UNDERSTAND THAT YOU CANNOT LATER VOID THIS AGREEMENT AND YOUR PARENTS WILL BE HELD RESPONSIBLE FOR YOUR ACTIONS AND ANY OBLIGATIONS YOU HAVE INCURRED THROUGH THE USE OF THIS WEBSITE. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. Other Policies.
Our Fundraising Policy, the most recent version of which may be viewed on the Site (the " Fundraising Policy"), is hereby incorporated into these Terms and Conditions and made a part hereof. Please read our Fundraising Policy carefully, as the terms and conditions are subject to change in accordance with the terms thereof. To the extent of any conflict among these Terms and Conditions and the Fundraising Policy the following terms and conditions shall govern and control in the following order, the Fundraising Policy and then these Term and Conditions.
2. Use of Content.
The text, images, data, illustrations, files, audio and video clips, designs, documents, and other materials and content (collectively, the " Content") on the Site is 1000 Spring’s property and may be protected by copyright and other restrictions. Copyrights and other proprietary rights in the Content may also be owned by parties other than 1000 Springs. You may not copy, modify, distribute or otherwise use any of the Content, except for your personal, non-commercial use.
3. User Warranty.
By downloading, printing, or otherwise using any of the Content, you agree that you will (a) restrict your use of such Content to personal and non-commercial use, (b) comply with all of these Terms and Conditions, and (c) not violate the rights of 1000 Springs or any other person or entity. We do not warrant that use of any of the Content will not infringe the rights of third parties.
4. Commercial Use is Restricted.
Unauthorized commercial publication or exploitation of text, images, documents, materials or any other Content is prohibited without our express written consent. If you wish to use any of the Content for commercial use, publication, or any purpose other than as authorized by the Site, you must obtain our written permission prior to such use. We may, in our sole discretion, grant permission for such use on a case-by-case basis and we may charge a usage fee for such use.
5. Customer Accounts.
In order to order products from 1000 Springs Mill, you may be required to create a customer account. Your must provide all information required in the 1000 Springs Mill “Customer Packet” prior to placing any orders. You agree that all information which you provide to establish a Customer Account or otherwise is current, accurate and complete. You are solely responsible for all activity that occurs with respect to your Customer Account. You are solely responsible for maintaining the confidentiality of your Customer Account and keeping the username and password to your Customer Account secure. You agree to notify us immediately of any security breach or unauthorized use of your Customer Account. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your Customer Account.
6. Trademarks.
Names, titles, trademarks, service marks, and logos (collectively, the " Trademarks") displayed on the website are our registered and/or unregistered common law trademarks or those of third parties. Nothing contained on the website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the website without our express written permission or that of the appropriate third party that owns the Trademark. Except as permitted by these Terms and Conditions, any unauthorized use of the Trademarks is prohibited.
7. FTC Disclosure Policy.
The Federal Trade Commission requires 1000 Springs to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements of 1000 Springs. The views and opinions expressed on the website are purely our views and opinions or those of 1000 Springs.
8. Fraud Protection.
As part of our order processing procedures, we may screen website activity for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to provide services due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may contact you at the phone number or email address you provided. We also reserve the right to cancel any Customer Accounts or refuse to provide services to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
9. Links to Third Party Websites and Employee E-Mail Addresses.
The website may contain links to third party websites. The linked sites are not under 1000 Spring’s control and we are not responsible for the contents of any linked website. These links are provided as a convenience only and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. The website may also contain links to the e-mail addresses of various employees or other service providers for purposes of feedback and communication regarding 1000 Springs and our products and services. By clicking on a link to an employee’s or other service provider’s e-mail address, you leave the website and enter into an area which these Terms and Conditions do not govern. We assume no responsibility or liability with respect to your entering such area.
10. Links to the Site.
If you arrive at the website from a third-party link, please note that such link to or solicitation for the website does not imply a relationship with, or endorsement of, the third-party website or its content, purpose, policies or practices.
11. Non-Malicious Use.
You agree not to use or launch any automated system, including without limitation, "robots", "spiders" or "offline readers", that accesses the website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including names or other information related to User Accounts, from the Site, nor to use the communication systems provided by 1000 Springs, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use the website or the Content.
12. Customer Submissions.
You agree that any information you provide through the website (" User Content ") will be truthful, accurate and complete. All information that you submit to us through the website shall be deemed and remain our property and we may use, for any purpose, any ideas, concepts, know-how or techniques contained in such information. We have no obligations regarding such information or otherwise specifically agreed to in a separate writing or required by law. You acknowledge and agree that you will not provide any User Content to us that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another person or entity. By uploading any User Content, you hereby grant 1000 Springs and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use the User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Without limiting the foregoing, if any User Content contains your name, image or likeness, you hereby release and hold harmless 1000 Springs and its contractors and employees, from (i) all claims for invasion of privacy, publicity or libel, (ii) any liability or other claims by virtue of any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image or likeness, and (iii) any liability for claims made by you (or any successor to any claim you might bring) in connection with your User Content, name, image or likeness. You waive any right to inspect or approve any intermediary version(s) or finished version(s) of the results of the use of your User Content (including your name, image or likeness). Further, if any person (other than you) appears in your User Content, you represent and warrant that you have secured all necessary licenses, waivers and releases from such person(s) for the benefit of 1000 Springs in a manner fully consistent with the licenses, waivers and releases set forth above. You further acknowledge that your participation in the Services and submission of User Content is voluntary and that you will not receive financial compensation of any type associated with the licenses, waivers, and releases set forth herein (or 1000 Spring's exploitation thereof), and that the sole consideration for subject matter of this agreement is the opportunity to use the Services. You further acknowledge and agree that 1000 Springs may preserve User Content and disclose User Content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of 1000 Springs, its users or the public. By using this Site, all Users consent to Double Good’s inclusion of such User Content in 1000 Springs’s marketing and advertising materials.
13. Limited Access.
From time to time, the website may be inaccessible or inoperable for any reason, including equipment malfunctions, updates, maintenance and repairs and causes beyond our control or those that are not reasonably foreseeable.
14. WARRANTY DISCLAIMERS.
THE INFORMATION AND DESCRIPTIONS CONTAINED ON THE WEBSITE ARE NOT INTENDED TO BE COMPLETE DESCRIPTIONS OF ALL TERMS, EXCLUSIONS AND CONDITIONS APPLICABLE TO EVERY PRODUCT OR SERVICE WE OFFER BUT ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE CONTENT ON THE WEBSITE IS SUITABLE FOR YOUR NEEDS, IS COMPLETE, TIMELY OR RELIABLE. ALL TEXT, IMAGES AND OTHER CONTENT ON THE SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL CODE, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED AND YOU HEREBY ACKNOWLEDGE THAT SUCH DOWNTIME MAY AFFECT YOUR STORE (AS DEFINED IN THE FUNDRAISING POLICY) SALES AND YOUR PARTICIPATION IN SALES CONTESTS.
15. GENERAL DISCLAIMERS.
1000 SPRINGS ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR (A) ANY ERRORS OR OMISSIONS IN THE CONTENT, (B) DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY TEXT, IMAGES OR OTHER CONTENT FROM THE SITE , OR (C) ANY DAMAGE ARISING IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR LINE OR SYSTEM FAILURE.
16. LIMITATION OF LIABILITY.
1000 SPRINGS, ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES WILL HAVE NO LIABILITY FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES (EVEN IF DOUBLE GOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO THE USE OF, RELIANCE ON OR INABILITY TO USE THE SITE OR THE CONTENT OR SERVICES PROVIDED ON OR RECEIVED FROM THE SITE. PLEASE NOTE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
17. Indemnity.
You agree to indemnify and hold 1000 Springs, our managers, members, officers, employees, agents and representatives harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees and costs, due to or arising out of (a) your use of the Site; (b) your breach of these Terms and Conditions; or (c) your violation of any third party right.
18. Release.
You release 1000 Springs and our managers, officers, member(s), employees, agents, representatives and licensors from any and all claims, demands, losses and damages of every kind and nature, whether known or unknown, arising out of or in any way relating to the Site, your use of the Site (which includes, for the avoidance of doubt, the website and any mobile applications), other users’ use of the Site and any dispute or defense you have or claim to have against us or one or more users of the Site.
19. Reservation of Rights.
We specifically reserve all rights that we do not expressly grant in these Terms and Conditions. Nothing on the website or in these Terms and Conditions grants any right or license to use any property of any third party.
20. Shipping/Returns.
1000 Springs primarily ships using United States Postal Service (USPS). We use the USPS flat rate/regional shipping rates and such costs will be added to your order. All orders to Alaska and Hawaii include an shipping charge as set by the USPS. Product ships within 1 to 5 business days of order placement and will arrive within two weeks from the date the order is placed. Customers will receive an email with a tracking confirmation number to track the progress of the shipment. 1000 Springs is not responsible for delays in transit caused by high package volume, weather, mechanical error, strikes, natural disasters, or local carrier mis-scans. Customers are responsible for ensuring that all shipping information is correct when submitting an order. Product delivery may only be at a commercial location. No product will be shipped to private residences. Customer is responsible for identifying to 1000 Springs a commercial location for delivery. Customer is responsible for taking possession of the product at the designated commercial location. 1000 Springs will give Customer at least 24 hours prior notice of the delivery time at Customer’s designated location. Customer must be available to take delivery of the product at the designated delivery time. If Customer is not available to take possession of the product at the designated delivery time, Customer must find an alternative person or agent to take delivery of the product. In the event that Customer or its designated agent is not available at the delivery location at the designated time, 1000 Springs may simply leave the product at the designated location and Customer assumes all risk and liability for such product from the time of delivery forward.
1000 Springs products can be returned for a full refund or exchange if the customer is dissatisfied for any reason. If a product arrives damaged via the carrier, please submit a claim with that carrier immediately. 1000 Springs is not responsible for damage to the product caused by the carrier. Any shipping costs for returns to 1000 Springs shall be the sole responsibility of the Customer.
21. Contact Information.
If you wish to contact us regarding (a) information on our products and services, (b) permission to reproduce or use any Content, (c) or for any other reason, please contact:
1000 Springs Mill, LLC
430 7th Ave. S.
PO Box 509
Buhl, Idaho 83316
Phone: 208-543-2111
E-mail: info@1000springsmill.com
22. Termination.
1000 Springs reserves the right to discontinue any aspect of the website at any time.
23. Severance and Waiver.
You acknowledge and agree that in the event any provision of these Terms and Conditions is held by a court to be invalid, unlawful, or unenforceable, the validity, legality, and/or enforceability of the remaining provisions contained in these Terms and Conditions will not in any way be affected or impaired. Our failure to exercise or enforce any right or provision under these Terms and Conditions will not constitute a waiver of such right or provision by us.
24. Venue and Choice of Law.
You acknowledge and agree that: (a) the website shall be deemed as solely based in Idaho; and (b) the website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Idaho. These Terms and Conditions are governed by the laws of the State of Idaho, without regard to its conflicts of laws principles.
25. Prevailing Parties.
In the event of any action to enforce or interpret any provision of these Terms and Conditions, the prevailing party is entitled to recover, in addition to other costs, reasonable attorney fees in connection with the suit, action, or arbitration, and in any appeals. The determination of who is the prevailing party and the amount of reasonable attorneys’ fees to be paid to the prevailing party will be decided by the tribunal in which the matter is heard, tried, or decided, including any arbitration panel, court(s), or appellate court(s).
26. Entire Agreement.
You agree that these Terms and Conditions constitute the entire agreement between you and us with respect to your use of the website. You agree that these Terms and Conditions supersede any other agreements between you and us with respect to your use of the website.
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