TERMS AND CONDITIONS
These Terms and Conditions (this “Agreement”) should be read carefully before using the MIDWEST NORTHERN NUT website (the “Website”).
CONDITIONS OF USE
Use of this Website and all products and services provided and/or distributed (whether via this Website or with regard to it) by Midwest-Northern, Inc. (“MIDWEST NORTHERN NUT”) are subject to this Agreement. We encourage you to review the following information carefully.
All materials contained in this Website and other content used on our Website, including but not limited to, text, graphics, logos, icons, images, audio and video clips, digital downloads, software, artwork, photographs, copyrights, trademarks and other intellectual property, whether registered or not registered, are the sole property of MIDWEST NORTHERN NUT or a licensed product of MIDWEST NORTHERN NUT (collectively, the “MIDWEST NORTHERN NUT Materials” or the “Materials”).
MIDWEST NORTHERN NUT and its licensees retain all rights to the MIDWEST NORTHERN NUT Materials, including, but not limited to all copyright, trademark and other proprietary rights, however denominated, and whether registered or unregistered. The MIDWEST NORTHERN NUT Materials shall not be used in any unauthorized manner. The use of MIDWEST NORTHERN NUT Materials is prohibited if used in connection with the sale of any product that is not MIDWEST NORTHERN NUT’s, in any manner that seeks to disparage or discredit MIDWEST NORTHERN NUT or in any manner that may cause confusion among our customers. You may browse and view the MIDWEST NORTHERN NUT Materials available on our Website, but any other use of the Materials is not permitted unless specifically authorized by MIDWEST NORTHERN NUT in writing.
Our content is protected by United States and international copyright and trademark laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this Material. Legal action will be taken against individuals or organizations that ignore this notice and MIDWEST NORTHERN NUT will seek reimbursement of all fees, including but not limited to attorneys’ fees and court costs, to enforce this notice and protect our rights and ownership of the Materials.
Third party text, photo, graphic audio and/or video material (collectively, the “Third Party Materials”), contained in or incorporated into the MIDWEST NORTHERN NUT Materials shall not be published, broadcast, rewritten for broadcast, publication or redistributed directly or indirectly in any medium. Neither these Third Party Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. No third party provider will be held liable in any way to any user, third party or to any other person who may receive information in the Third Party Materials or to any other person whatsoever, for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing or occasioned thereby.
LICENSE AND SITE ACCESS
MIDWEST NORTHERN NUT grants you (the user) a limited license to access and make personal use of this Website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of MIDWEST NORTHERN NUT.
This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of MIDWEST NORTHERN NUT. You are prohibited from using meta tags or any other hidden text utilizing MIDWEST NORTHERN NUT’s name or trademarks without the express written consent of MIDWEST NORTHERN NUT. Any unauthorized use of this Website voids the limited license granted by MIDWEST NORTHERN NUT.
CONTENT SUBMITTED BY SITE USERS
This Website may offer opportunities for you to submit materials (including but not limited to, photographs and testimonials) (collectively, the “Submitted Content”). You are solely responsible for your Submitted Content and must use the Website in a responsible manner.
You grant, represent and warrant that you have the right to grant MIDWEST NORTHERN NUT or its affiliates a nonexclusive, royalty-free, perpetual, sub-licensable and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sell and display your Submitted Content for any purpose, in whole or in part, in any form, media or technology known or hereafter developed.
MIDWEST NORTHERN NUT, its affiliates and its third-party providers (“Vendors”) may monitor, edit or screen your Submitted Content. MIDWEST NORTHERN NUT, its affiliates and its Vendors will not be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. By your submission you represent and warrant that your Submitted Content is an original work by you or that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MIDWEST NORTHERN NUT, its affiliates or Vendors for all claims resulting from content you supply.
If MIDWEST NORTHERN NUT determines, in its sole discretion and judgment, that your Submitted Content violates or may violate any of the terms of this Agreement, MIDWEST NORTHERN NUT reserves the right to (i) refuse to allow you to upload information or otherwise transmit material; (ii) remove and delete your Submitted Content; (iii) revoke your right to use this Website; and/or (iv) use any technological, legal, operational or other means available to MIDWEST NORTHERN NUT to enforce the provisions of this Agreement, including, without limitation, blocking IP addresses or deactivating your registration on this Website and the Interactive Features.
You acknowledge that MIDWEST NORTHERN NUT is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user on the Website.
PROTECTING YOUR ACCOUNT
APPLICABLE TO SALES OF PRODUCTS AND SERVICES; CUSTOMER SERVICE CONTACT INFORMATION
This Website allows you to order products and merchandise (together, the “Merchandise”). ALL PURCHASES ARE SUBJECT TO PRODUCT AVAILABILITY. MIDWEST NORTHERN NUT EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: (I) THE ACTIVITIES OF ANY VENDOR, (II) THE MERCHANDISE OFFERED, (III) YOUR ACCESS OR INABILITY TO ACCESS THE MIDWEST NORTHERN NUT MERCHANDISE OR ANY PRODUCT OR SERVICE THEREIN, OR (IV) YOUR PURCHASE OR USE OF ANY MERCHANDISE.
A. Price Modifications; Merchandise and Services Availability
MIDWEST NORTHERN NUT reserves the right to modify the price of any Merchandise, at any time and may discontinue certain Merchandise at any time in MIDWEST NORTHERN NUT’s sole discretion.
The price or availability of an item cannot be confirmed until your order is placed.
The sale of Merchandise offered via this Website is subject to transmission limitations of the Internet and, as applicable, third party payor services or contract limitations.
B. Purchasing; Price; Payment
This Website may contain links to other sites and resources. Such links do not constitute an endorsement by MIDWEST NORTHERN NUT of any such third party website or content. MIDWEST NORTHERN NUT is not responsible for the availability of these third party resources or their contents.
DISCLAIMER OF WARRANTIES
MIDWEST NORTHERN NUT disclaims, to the fullest extent of the law, any responsibility for any damages resulting from downloading or accessing any information or material on the Internet through the Website. MIDWEST NORTHERN NUT, to the fullest extent of the law, disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed on or linked to by the Website. MIDWEST NORTHERN NUT, to the fullest extent of the law, disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material.
THE WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE ORGANIZATION AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE ORGANIZATION AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE WEBSITE. THE ORGANIZATION AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
You expressly agree that your use of the Website is at your own risk.
MIDWEST NORTHERN NUT does not and cannot warrant that this site, our servers, or email communications affiliated with the use of this Website, are free from viruses.
LIMITATION OF LIABILITY
MIDWEST NORTHERN NUT will not be responsible for any damages of any kind resulting from use of this Website, including but not limited to direct, indirect, incidental, punitive and consequential damages.
A. NOTWITHSTANDING ANY TERM IN THIS AGREEMENT OR ANY ACT OR FAILURE TO ACT BY MIDWEST NORTHERN NUT OR ITS VENDORS, YOU ARE EXCLUSIVELY LIABLE FOR ANY AND ALL SUBMITTED CONTENT YOU TRANSMIT VIA THIS WEBSITE.
B. IN NO EVENT SHALL MIDWEST NORTHERN NUT BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO PURCHASE MERCHANDISE.
C. IN NO EVENT SHALL MIDWEST NORTHERN NUT OR ANY VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MIDWEST NORTHERN NUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MIDWEST NORTHERN NUT, IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE.
D. IN NO EVENT SHALL MIDWEST NORTHERN NUT BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THIS WEBSITE, INCLUDING THE AVAILABILITY OF ANY FEATURE OR FUNCTIONALITY.
REDEMPTION OF FREE PRODUCT AND COUPON OFFERS
From time to time, MIDWEST NORTHERN NUT offers its clients special offers and discount codes to be used in conjunction with this Website. These offers are frequently disseminated via this Website and through email to those who have registered for our email database. They are sometimes posted on the Website’s home page (www.mnnut.com) or announced by other means of communication in conjunction with the promotion of the MIDWEST NORTHERN NUT product collection, including radio and TV broadcasts, Internet forums and various online websites.
We encourage our clients to redeem these special offers, but we respectfully ask that you not exploit them. MIDWEST NORTHERN NUT, at its sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If MIDWEST NORTHERN NUT discovers that you successfully circumvent the software safeguards of this Website in order to receive several free products with your order, then MIDWEST NORTHERN NUT (at its sole discretion) will remove any extraneous free product from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order. Please…play fair.
You hereby agree to indemnify and hold MIDWEST NORTHERN NUT and its directors, officers, shareholders, employees, attorneys, agents and other representatives harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (i) your use of this Website, (ii) the Merchandise purchased via this Website; or (iii) any alleged breach of this Agreement by you.
CHOICE OF LAW; JURISDICTION; ATTORNEYS’ FEES
By visiting the Website, you agree that the laws of the state of MINNESOTA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and MIDWEST NORTHERN NUT. Any court of competent jurisdiction sitting within Hennepin County, Minnesota will have exclusive jurisdiction and be the sole venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. MIDWEST NORTHERN NUT will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
By using this Website you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use this Website.
CHANGES IN POLICY
MIDWEST NORTHERN NUT reserves the right to modify, alter, delete and update these policies at any time we see fit. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions. Your use of this Website after such amendment is posted on this Website will constitute acceptance of such amendment by you.