NO UNLAWFUL OR PROHIBITED USE
INTELLECTUAL PROPERTY RIGHTS
White River’s name and trademarks and all related names, logos, product and service names, designs and slogans are trademarks of White River or its affiliates/subsidiaries (the “Marks”). You must not use the Marks in any manner without the prior written permission of White River or its appropriate affiliates/subsidiaries. All other names, logos, product and service names, designs and slogans on the Website are the trademarks of their respective owners.
You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage White River’s reputation (in any manner), but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by White River without our express written consent. You may not: (i) link from any website that is not owned by you; (ii) cause the Website or any portion thereof to be displayed, or appear to be displayed on any other site; or (iii) link to any other part of the Website other than the homepage.
RELIANCE ON INFORMATION POSTED
The information and/or materials presented on or through the Website (“Website Information”) are made available solely for general information purposes. We do not represent or warrant the accuracy, completeness or usefulness of Website Information. Any reliance you place on any Website Information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on any Website Information by you or by any third-party who may be informed of any Website Information.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE
PRODUCTS AND SERVICES
We may accept orders for White River products or services on the Website. While we use our best efforts to fulfill all orders, White River cannot guarantee the availability of any particular product, service or price displayed on the Website. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time. White River reserves the right to (i) change any product, service or price listed on the Website at any time without notice; (ii) limit the order quantity on any product, service and/or refuse to sell a particular product or provide services to you; and (iii) revoke any stated offer and to correct any errors, inaccuracies or omissions (including, but not limited to, after an order has been submitted and accepted). We may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We make all reasonable efforts to accurately display the attributes of our services and products.
If you believe that any material contained on the Website infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the Digital Millennium Copyright Act (“DMCA”) by sending the following information in writing to our Copyright Agent listed below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at the Website are covered by a single notification, a representative list of such works at the Website;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, such as the URL or a reasonable description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
Contact information for our Copyright Agent is as follows:
DMCA Copyright Agent
c/o White River Cooperative, Inc.
610 Church St
Loogootee, IN 47553
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE (OR ANY PORTION THEREOF) AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE AT YOUR SOLE RISK. THE WEBSITE, ANY PORTION THEREOF AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). NEITHER WHITE RIVER NOR ANY PERSON ASSOCIATED WITH WHITE RIVER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY PORTION THEREOF AND THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WHITE RIVER NOR ANYONE ASSOCIATED WITH WHITE RIVER REPRESENTS OR WARRANTS THAT THE WEBSITE, ANY PORTION THEREOF OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE (OR ANY PORTION THEREOF) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, ANY PORTION THEREOF OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, (I) IN NO EVENT WILL WHITE RIVER BE LIABLE, UNDER ANY LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER AND/OR (B) DAMAGES FOR LOSS OF PROFITS, OPPORTUNITIES, REVENUES, INVESTMENTS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES; AND (II) THE MAXIMUM CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY PORTION THEREOF (UNDER ANY LEGAL THEORY) SHALL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID WHITE RIVER THROUGH YOUR USE OF THE WEBSITE OR ANY PORTION THEREOF. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR ANY PORTION THEREOF MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold White River and its respective directors, officers, employees, and agents (“Indemnitees”) harmless against all claims, expenses, liabilities, losses, costs and damages, including, but not limited to, reasonable attorney's fees, that the Indemnitees may incur in connection with or arising out of your use of the Website (or any portion thereof).
GOVERNING LAW AND VENUE
White River Cooperative, Inc.
Attn: Website and Privacy Officer
610 Church St
Loogootee, IN 47553