| This Site and the materials within it are ©
2008 Red Hill General Store, Inc.
Use License
Red Hill General Store, Inc. ("Earthway Outlet") grants you permission
to view this Site and to print individual pages from this Site for
your own personal, noncommercial use, provided that you agree to
and accept without modification the notices, terms and conditions
set forth in this agreement. You may not modify, copy (except as
set forth in the preceding sentence), distribute, transmit, display,
perform, reproduce, publish, license, create derivative works from,
transfer or sell any information, material, software, products or
services from this Site.
Your use of this Site constitutes your agreement and acceptance
without modification of the notices, terms and conditions set forth
herein. In addition, as a condition of your use of this Site, you
represent and warrant to Earthway Outlet that you will not use this
Site for any purpose that is unlawful, immoral or prohibited by
these terms, conditions and notices. If you do not agree and accept
without modification the notices, terms and conditions set forth
herein, do not use this Site. Other than this agreement and agreements
between you and Earthway Outlet relating to the sale of products
or services to you through this Site, Earthway Outlet will not enter
into any agreement with you or obligation to you through this Site
and no attempt to create such an agreement or obligation will be
effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used
and displayed on this Site are registered and unregistered trademarks
of Red Hill General Store, Inc. and others. Nothing on this Site
should be construed as granting, by implication, estoppel or otherwise,
any license or right to use any trademark displayed on the Site,
without the prior written permission of the trademark owner. Red
Hill General Store, Inc. aggressively enforces its intellectual
property rights to the fullest extent of the law. The name of Earthway
Outlet, The Earthway Outlet logo or the other Earthway Outlet formatives
may not be used in any way, including in advertising or publicity
pertaining to distribution of materials on this Site, without prior,
written permission from Red Hill General Store, Inc.. Red Hill General
Store, Inc. prohibits use of The Earthway Outlet logo as part of
a link to or from any site unless establishment of such a link is
approved in advance by Red Hill General Store, Inc. in writing.
Fair use of Red Hill General Store, Inc. Trademarks requires proper
acknowledgment. Other product and company names mentioned in this
Site may be the Trademarks of their respective owners.
Product Orders
While we will use our best efforts to fulfill all orders, Earthway
Outlet cannot guarantee the availability of any particular product
displayed on this Site. Earthway Outlet reserves the right to discontinue
the sale of any product listed on this Site at any time without
notice.
The prices displayed on this Site are quoted in U.S. dollars and
are valid and effective only within the United States, and such
prices do not include shipping and handling or sales taxes, if applicable,
which will be added to your total invoice price. You are responsible
for the payment of any shipping and handling charges and state and
local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that
any content is accurate or complete, including price information
and product specifications. If we discover price errors, they will
be corrected on our systems, and the corrected price will apply
to your order. Earthway Outlet reserves the right to revoke any
stated offer and to correct any errors, inaccuracies or omissions
(including after an order has been submitted and accepted).
The receipt of an e-mail order confirmation does not constitute
the acceptance of an order or a confirmation of an offer to sell.
Earthway Outlet reserves the right, without prior notification,
to limit the order quantity on any item and/or refuse service to
any customer. Verification of information may be required prior
to the acceptance of any order.
Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties
other than Red Hill General Store, Inc. or Earthway Outlet. Such
links are provided for your reference only. Earthway Outlet does
not control outside Sites and is not responsible for their content.
Earthway Outlet's inclusion of links to an outside Site does not
imply any endorsement of the material on the Site or, unless expressly
disclosed otherwise, any sponsorship, affiliation or association
with its owner, operator or sponsor, nor does Earthway Outlet's
inclusion of the links imply that Earthway Outlet is authorized
to use any trade name, trademark, logo, legal or official seal or
copyrighted symbol that may be reflected in the linked Site.
No warranties; Exclusion of liability
Earthway Outlet and Red Hill General Store, Inc. Make no representation
about the suitability of the materials on this site for any purpose.
All such materials are provided "as is" without warranty of any
kind, express or implied. Earthway Outlet and Red Hill General Store,
Inc. Specifically disclaim all warranties and conditions of any
kind, including all implied warranties and conditions of merchantability,
fitness for a particular purpose, title and -non-infringement. Neither
Earthway Outlet nor Red Hill General Store, Inc. Shall have any
liability or responsibility for any errors or omissions in the content
of this site, for your action or inaction in connection with this
site or for any damage to your computer or data or any other damage
you may incur in connection with this site. Your use of this site
is at your own risk. In no event shall either the Earthway Outlet,
its affiliates or agents be liable for any direct, indirect, punitive,
incidental, special or consequential damages arising out of or in
any way connected with the use of this site, the materials in this
site, the delay or inability to use this site or otherwise arising
in connection with this site, whether based on contract, tort, strict
liability or otherwise, even if advised of the possibility of any
such damages.
Some states and/or jurisdictions do not allow the exclusion or limitation
of incidental or consequential damages, so the above exclusion may
not apply to you.
In no event shall Earthway Outlet be liable for costs of procurement
of substitute goods by anyone nor will it be liable for indirect,
special, incidental, consequential, or other damages arising out
of the purchase, use or performance of the Product, and whether
or not it has been advised of the possibility of such damages. The
foregoing allocation of risk is reflected in the price of the Product.
Contacting Us
If you have any questions about this agreement, please call us at
1-800-251-8824, fax us at 276-728-5885,
log on to www.earthway-outlet.com/contact.htm, or write us at:
Earthway Outlet
1035 Sylvatus Highway
Hillsville, Va. 24343
Although Earthway Outlet will in most circumstances be able to receive
your e-mail or other information provided through this Site (including,
without limitation, service requests and other submissions), Earthway
Outlet does not guarantee that it will receive all such e-mail or
other information timely and accurately and shall not be legally
obligated to read, act on or respond to any such e-mail or other
information. Be aware that Internet e-mail typically is not secure.
General
You agree that Earthway Outlet may at any time and without notice
change the terms, conditions and notices under which this Site is
offered.
You agree that no joint venture, partnership, employment or agency
relationship exists between you and Earthway Outlet as a result
of this agreement or your use of this Site.
Earthway Outlet's performance of this agreement is subject to existing
laws and legal process and nothing contained in this agreement is
in derogation of Earthway Outlet's right to comply with law enforcement
requests or requirements relating to your use of this Site or information
provided to or gathered by Earthway Outlet with respect to such
use.
This agreement, the privacy and security statement, and terms of
sale constitute the entire agreement between you and Red Hill General
Store, Inc. with respect to this site. This agreement supersedes
all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Earthway Outlet with
respect to this Site. No modification of this agreement shall be
effective unless it is authored by Red Hill General Store, Inc.
or unless it is physically signed by a Red Hill General Store, Inc.
officer. Any alleged waiver of any breach of this agreement shall
not be deemed to be a waiver of any future breach. A printed version
of this agreement and/or of any notice given by Earthway Outlet
or Red Hill General Store, Inc. in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement or your use of this Site to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained by Earthway Outlet or Red Hill
General Store, Inc. in printed form.
Copyright © 2008 Red Hill General Store, Inc.
All Rights Reserved. January 1, 2008.
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