Terms of Service

TERMS OF USE

These terms are effective as of September 25, 2015.

These Terms of Use set important details about your relationship with Green Valley, including the rights you grant to Green Valley, restrictions on how you can use this web site, Green Valley’s liability in the event something goes wrong, and our agreement to resolve disputes via binding arbitration without resort to class action litigation.

This website or mobile application (the “Green Valley Site”) is owned and managed by Seneca Foods Corporation on its behalf and for the benefit of Green Valley and its affiliates and subsidiaries (“Green Valley”, “we” or “us”). By accessing, signing in, using, registering for, or purchasing merchandise from the Green Valley Site you agree to be bound by these terms of use (collectively, the “Terms”). Green Valley reserves the right to modify the Terms at any time without prior notice, and therefore, we recommend that you read these Terms carefully each time you use the Green Valley site. By using, signing in, registering for the Green Valley Site, or purchasing merchandise from the Green Valley Site, you accept all the provisions of these Terms.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with Green Valley may vary from these Terms.

Eligibility

The Green Valley Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Green Valley Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register, or purchase merchandise on the Green Valley Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Green Valley Site may be restricted for sale to persons of a certain age (depending on their state or jurisdiction of residence) and will require you to submit or provide valid proof of your age before purchasing or receiving such age-restricted merchandise.

Privacy

Green Valley believes strongly in the protection of the privacy of Users and our customers. Our data collection and use practices are set forth in our Privacy Policy, which we encourage you to review.

Changes to the Green Valley Site

You agree and understand that the Green Valley Site, including any and all features available via the Green Valley Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Green Valley Site implemented after your initial access to the Green Valley Site shall be subject to these Terms. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Green Valley Site by any User or on behalf of any User (all such items are collectively referred to as “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators use of the Green Valley Site.

Use of the Site/License/Services

Green Valley grants you a limited license to make personal use of the Green Valley Site. This license grant does not include: (a) any resale or commercial use of the Green Valley Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Green Valley Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Green Valley Site. Except as noted above, Users of the Green Valley Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Green Valley or any third party.

You may not use, frame or utilize framing techniques to enclose any Green Valley trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Green Valley’ express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Green Valley name, trademark, or product name without Green Valley’ express written consent.

Any unauthorized use of the Green Valley Site will terminate the permission or license granted by these Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

You acknowledge and agree that we do not control the User Content posted to the Green Valley Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Green Valley Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the Green Valley Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the Green Valley Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

The Green Valley Site does not provide medical advice. The content on the Green Valley Site is for informational purposes only and not a substitute for medical advice. Consult your physician or other health provider for advice or questions about your medical condition. If you need immediate medical attention, contact your physician or local emergency medical professionals without delay.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity to):

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the Green Valley Site, except and to the extent expressly permitted under these Terms;
  • remove any copyright, trademark or other proprietary rights notice contained in or on the Green Valley Site;
  • use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Green Valley Site;
  • collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the Green Valley Site;
  • create user accounts by automated means or under false or fraudulent pretenses;
  • create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the Green Valley Site;
  • submit to the Green Valley Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the Green Valley Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Green Valley Site, any other Web site, or any computer or other device or system, or the enjoyment of the Green Valley Site by any User;
  • use the Green Valley Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  • submit to the Green Valley Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Green Valley Site to transfer or store illegal material, including any material deemed threatening or obscene;
  • copy or store any User Content offered on the Green Valley Site other than for your personal, non-commercial use;
  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Green Valley Site or the IT infrastructure used to operate and make the Green Valley Site available;
  • use the Green Valley Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or collect or store personal data about other Users in connection with the prohibited activities described in this paragraph
  • if you are employed by Green Valley or if you have or will receive any compensation or consideration from Green Valley, including but not limited to product samples and Shop Your Way Points, directly or indirectly in exchange for any opinion, endorsement, review or critique that you post, upload or transmit to the Green Valley Site, you must clearly and conspicuously disclose the nature of your connection to Green Valley.

Privacy

Use of the Green Valley Site is also governed by our Privacy Policy, which we encourage you to review.

Ownership

As between you and us, the Green Valley Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Green Valley Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Green Valley Site are the proprietary property of Green Valley or their respective owners, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Green Valley Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Green Valley Site without the express written permission of the trademark owner.

Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE GREEN VALLEY SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE GREEN VALLEY SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE GREEN VALLEY SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE GREEN VALLEY SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GREEN VALLEY SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE GREEN VALLEY SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE GREEN VALLEY SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GREEN VALLEY SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE GREEN VALLEY SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE GREEN VALLEY SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

Green Valley reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such products and/or services in your State is restricted or prohibited. In the event of a pricing error on Green Valley.com, Green Valley reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, Green Valley reserves the right to limit quantities. In this case, only one (1) of this limited quantity item may be placed in your shopping cart. Green Valley further reserves the right to cancel multiple orders of the limited quantity item purchased by the same Green Valley.com User and/or shipped to the same delivery address.

Green Valley may display advertising prints for products sold through the Green Valley Site. Green Valley attempts to display the colors of the products shown on the Green Valley Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the computer monitor used by you.

Limitation on Liability

IN NO EVENT SHALL GREEN VALLEY OR OUR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE GREEN VALLEY SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GREEN VALLEY SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, GREEN VALLEY’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE GREEN VALLEY SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE GREEN VALLEY SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold Green Valley and our respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Green Valley Site, (ii) your use of the Green Valley Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Applicable law

By visiting Green Valley Site, you agree that the laws of the United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Green Valley Site.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Green Valley in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Green Valley Site. These Terms, which shall be deemed accepted by you upon your use of the Green Valley Site, constitute the entire agreement among you, and Green Valley regarding use of the Green Valley Site. Green Valley’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms are for convenience only and have no legal or contractual effect. These Terms include and incorporate the Privacy Policy for the Green Valley Site and any notices regarding the Green Valley Site.

Contact and Violations

Please contact us with any questions, or report any violations of these Terms. You can find contact information for Green Valley on our contact page here: http://welcometogreenvalley.com/contact