Terms and Conditions of Use
Welcome to Fog Hollow Orchards' website ("Fog Hollow Orchards website"). Thank you for visiting us at www.fogholloworchards.com.
When we use the terms "Fog Hollow Orchards", "we", "us" and "our", we are referring to Fog Hollow Orchards. When we use the terms "you", "your", "yours", "customer", "visitor", "purchaser", and "user", we are referring to the customer, purchaser and/or visitor to the Fog Hollow Orchards website.
Fog Hollow Orchards reserves the right to change the terms and conditions of the Fog Hollow Orchards website from time to time and at any time as we see fit. Please review the terms and conditions on the Fog Hollow Orchards website frequently and note any changes. If you use the Fog Hollow Orchards website after revisions are made you consent to and accept those revisions whether or not you have reviewed them.
Fog Hollow Orchards provides its products and web services to you subject to the terms and conditions set forth herein. When you visit the Fog Hollow Orchards website, use the Fog Hollow Orchards shopping cart, or conduct any activity on or related to the Fog Hollow Orchards website, you agree and accept the terms and conditions of the Fog Hollow Orchards website. Please review the terms and conditions carefully, and contact us if you have any questions.
PRIVACY POLICY
Please review the Fog Hollow Orchards Privacy Policy on the Fog Hollow Orchards website. The Privacy Policy is incorporated herein by reference as if set forth in full. The Fog Hollow Orchards Privacy Policy also governs use and activities related to or conducted on the Fog Hollow Orchards website.
SHIPPING/RETURNS POLICY
Please review the Fog Hollow Orchards Shipping/Return policy on the Fog Hollow Orchards website. The Shipping/Return policy is incorporated herein by reference as if set forth in full. The Fog Hollow Orchards Shipping/Return policy also governs use and activities related to or conducted on the Fog Hollow Orchards website.
ACCOUNTS/PASSWORDS
You may be required to enter a password or set up an account to purchase items from the Fog Hollow Orchards website. If you use the Fog Hollow Orchards website, it is your responsibility to maintain the confidentiality of your password and account information. It is also your responsibility to restrict access to your computer and your browser. Fog Hollow Orchards shall not be held liable for any activity that occurs under your account or password.
COOKIES
Cookies are text files stored on your computer when you visit certain websites or web pages. Cookies record your preferences by storing information on your computer so that it may be retrieved again. They allow a particular web site to recognize you when you visit again.
Fog Hollow Orchards uses cookies to remember you when you return to the Fog Hollow Orchards website. Fog Hollow Orchards also uses cookies to keep track of the items in your shopping cart. In order to use the shopping cart and the Fog Hollow Orchards website, you must accept these cookies.
LINKS
Fog Hollow Orchards is not responsible for the content of any site that may be linked to or from www.fogholloworchards.com or the Fog Hollow Orchards website. Links are solely provided for your convenience. If you access a site that may be linked to or from the Fog Hollow Orchards website, you do so at your own risk and are subject to the terms and conditions, including the privacy and security terms and conditions, of the linked site.
INTELLECTUAL PROPERTY RIGHTS
The Fog Hollow Orchards website contains information, including but not limited to, graphics, text, photographs, logos, information, data, software and other material that is protected intellectual property (hereinafter, "Content"). The Content protections may include, but are not limited to, copyright, trade secret, trade dress, patent, trademarks, proprietary rights. These protections and rights are valid and protected in all existing forms and in all forms hereinafter developed or implemented.
You may not alter, remove, modify, supplement, add to, transmit, enhance, delete, nullify, recreate, publish, transfer, sell, or participate in the transfer or sale of, create derivative works from, or in any way exploit or otherwise tamper with the Content in whole or in part.
You may not use any meta tags or other "hidden text" utilizing our name or our Content without our express, written consent.
The intellectual property contained on the Fog Hollow Orchards website is protected by United States and international copyright laws.
COPYRIGHT
All content on the Fog Hollow Orchards website, including, but not limited to, graphics, photographs, logos, images, text, data compilations, digital downloads, page headers, scripts, icons, software, video clips, audio clips, fonts, product descriptions, layout designs and Content is the property of Fog Hollow Orchards or its service or content suppliers.
TRADEMARKS
All trademarks that appear on this site, that are not owned by Fog Hollow Orchards, are the property of their respective owners.
RISK OF LOSS
The risk of loss and title to the item(s) you, your agent or assigns, purchase from Fog Hollow Orchards passes to you upon our delivery of the item(s) to a common carrier.
USE OF THE FOG HOLLOW ORCHARDS WEBSITE BY CHILDREN
Fog Hollow Orchards does not sell products for purchase to persons under the age of 18. The Fog Hollow Orchards website is not intended for, or directed to, persons under the age of 18. By purchasing products from the Fog Hollow Orchards website, you warrant and represent that you are at least 18 years of age. Persons under the age of 18 may use the Fog Hollow Orchards website only with the supervision and approval of a parent or legal guardian.
DISCLAIMERS/LIMITATION OF LIABILITY
The Fog Hollow Orchards website operates and is provided on an AS IS basis WITHOUT LIABILITY of any kind. The Fog Hollow Orchards website also operates and is provided on an AS AVAILABLE basis. Neither Fog Hollow Orchards, nor its employees, officers, directors, shareholders, assigns, third-party content providers or distributors (hereinafter, "Fog Hollow Orchards Associates") warrants that the use of the Fog Hollow Orchards website will be error free or uninterrupted. You agree that you are using the Fog Hollow Orchards website at your own risk.
FOG HOLLOW ORCHARDS, TO THE EXTENT ALLOWED BY APPLICABLE LAW, DOES NOT EXTEND WARRANTIES OF ANY KIND, NEITHER EXPRESS NOR IMPLIED, ORAL OR WRITTEN WITH RESPECT TO THE FOG HOLLOW ORCHARDS WEBSITE, THE OPERATION OF THE FOG HOLLOW ORCHARDS WEBSITE, THE CONTENT OR MATERIALS ON THE FOG HOLLOW ORCHARDS WEBSITE, OR TO PRODUCTS THAT APPEAR ON THE FOG HOLLOW ORCHARDS WEBSITE OR THAT ARE SOLD BY Fog Hollow Orchards. FOG HOLLOW ORCHARDS DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THIS WEBSITE, THE PRODUCTS THAT APPEAR ON THIS WEBSITE AND/OR THE PRODUCTS THAT ARE SOLD BY FOG HOLLOW ORCHARDS.
Neither Fog Hollow Orchards nor Fog Hollow Orchards Associates warrant that the Fog Hollow Orchards website, the server for the Fog Hollow Orchards website, electronic communications derived from the Fog Hollow Orchards website or from the server from the Fog Hollow Orchards website, are free from viruses or other harmful components. Neither Fog Hollow Orchards nor Fog Hollow Orchards Associates shall be liable for damages of any kind that may arise from the use of the Fog Hollow Orchards website.
NEITHER FOG HOLLOW ORCHARDS NOR FOG HOLLOW ORCHARDS ASSOCIATES SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL ARISING FROM THE FOG HOLLOW ORCHARDS WEBSITE, THE USE OF THE FOG HOLLOW ORCHARDS WEBSITE OR PRODUCTS PURCHASED FROM FOG HOLLOW ORCHARDS OR FROM THE FOG HOLLOW ORCHARDS WEBSITE.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE STATE LAW.
FORCE MAJEURE
Force Majeure shall mean any event or condition not reasonably foreseeable which prevents, in whole or material part, the performance by Fog Hollow Orchards of its obligations hereunder or which renders the performance of such obligations so difficult or costly as to make such performance commercially unreasonable. Without limiting the foregoing, the following shall include, but is not limited to, conditions of Force Majeure: acts of State or governmental action, orders, legislation, regulations, restrictions, priorities or rationing, riots, disturbance, war (declared or undeclared), strikes, lockouts, slowdowns, prolonged shortages of energy supplies or raw materials, interruption of transportation, embargo, prohibition of import or export of the products for sale by Fog Hollow Orchards or on the Fog Hollow Orchards website, epidemics, fire, flood, hurricane, typhoon, earthquake, lightening and/or explosion.
PLURAL/SINGULAR USE
In the policies, terms and conditions set forth on the Fog Hollow Orchards website, the singular includes the plural and the plural includes the singular.
SEVERABILITY
If any of the policies, conditions or terms on the Fog Hollow Orchards website are found to be unenforceable, void, invalid or are nullified, such policy, condition or term shall be deemed severable and shall not affect the validity and/or enforceability of the remaining policies, terms and/or conditions.
GOVERNING LAW
By visiting, using or purchasing products from the Fog Hollow Orchards website, you agree that the laws of the state of Oregon, without regard to conflict of laws principals, controls. These laws, without regard to conflict of laws principals, also govern any dispute that may arise between you and Fog Hollow Orchards.