TERMS & CONDITIONS
Updated October 3, 2019
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) thoroughly prior to using lindbergpumpkinpatch.com (the “Website”). This Website is owned and operated by Lindberg Pumpkin Patch and its subsidiaries and affiliates (collectively, “Lindberg Pumpkin Patch,” “we,” or “us”). By accessing, browsing, or using this Website, you acknowledge that you have read, understand, and agree to be bound by and comply with the following terms and conditions of use (these “Terms”) and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use this Website.
Changes To These Terms And The Site
These Terms may be updated at any time, and all such changes are effective immediately, please see the last updated date at the top of this page. You should view these Terms often to stay informed of changes that may affect you. Your use of the Site constitutes your continuing agreement to be bound by these Terms, as they are amended from time to time. We expressly reserve the right to make any changes that we deem appropriate from time to time to the Site or to any information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, opportunities, features, services, and other materials within the Site (all such materials, and any compilation, collection, or arrangement thereof, the “Content”).
Availability, Errors and Inaccuracies
At any given time, our website may hold out-of-date or inaccurate information. We do our best to provide accurate information but cannot guarantee the accuracy or completeness of any information found on the Website. We are not liable for availability, errors, or inaccuracies in the information provided on this Website. We expressly reserve the right to correct any errors, inaccuracies, or omissions at any time without prior notice. It is advisable that you confirm the accuracy of all posted information before making any decision related to any services, products, or other matters described in this Website.
We make no representations about the suitability of the information, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Website, its servers or any email sent from us are free of viruses or other harmful components.
All contents found on lindbergpumpkinpatch.com is owned by Lindberg Pumpkin Patch, or (where applicable) lawfully licensed from third parties, all right, title, and interest in and to the Site and all of the Content. You agree to abide by all applicable copyright laws, as well as copyright notices or restrictions, and you acknowledge that use of any content from this Website without our express prior written permission is strictly prohibited.
You agree to defend and indemnify Lindberg Pumpkin Patch, and our officers, directors, employees, partners, representatives, affiliates and agents, against all claims, demands, suits, or other proceedings, and all resulting loss, damage, liability, cost, and expense (including reasonable attorneys’ fees), made by any third party arising out of: (a) content, data, or information that you submit, post to, or transmit through the Site; (b) your access to and use of the Content, the Site, and other materials, products, and services available on or through the Site and Lindberg Pumpkin Patch; (c) your violation of these Terms; (d) your violation of any rights of any third party; (e) your website; and (f) any unauthorized use of a username, password, or account number.
We reserve, and you grant to us, the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Limitation Of Damages
The use of this Site by You is at your own risk. All content on this Site is provided “as-is” and in no event shall Lindberg Pumpkin Patch be liable for any: (a)direct, indirect, punitive, incidental, exemplary, special or consequential damages arising out of, or in any use connected with, your access to, display of, or use of this Website or resource linked to, referenced, or accessed through this website; (b) viruses or other disabling devices or harmful components; (c) transmission of information to or from the Site over the Internet, even if we were advised, knew, or should have known of the possibility of such damages or costs. . In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of Lindberg Pumpkin Patch and the Contractors will be limited in accordance with these Terms to the extent permitted by law.
Without limiting any of the foregoing, if Lindberg Pumpkin Patch or any of the Contractors is found liable to you or to any third party as a result of any claims or other matters arising under or in connection with these Terms, the Site, or your use of the Site, the maximum liability for all such claims and other matters will not exceed $100 in any calendar year.
Governing Law, Severability, Dispute Resolution
These Terms will be construed and enforced in accordance with the laws of the State of Illinois.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.
Any cause of action arising under these Terms or otherwise involving this Site will be brought exclusively in a court in Boone County, Illinois.
If you would like to contact us about these Terms, please send a message using our contact form.