Happy Hill Farm

AGREEMENT BETWEEN USER AND Alliance Charities, Inc

The Happy Hill Farm Website is comprised of various Web pages operated by Alliance Charities, Inc.

The Happy Hill Farm Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Happy Hill Farm Website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Alliance Charities, Inc reserves the right to change the terms, conditions, and notices under which the Happy Hill Farm Website is offered, including but not limited to the charges associated with the use of the Happy Hill Farm Website.

Preferred Buyer is of legal age to enter into this Application and Agreement (the “Agreement”).
Preferred Buyer agrees and acknowledges that he or she is not an employee or agent of Alliance Charities, Inc, Inc, will not be treated as such by Alliance Charities, Inc, for federal tax purposes or any other purpose and is solely responsible for all taxes, licenses or fees that may be due as a result of his or her activities under this Agreement. Preferred Buyers shall not be treated as an employee, agent, franchisee, joint venture, partner, or owner of Alliance Charities, Inc, for federal, or state tax purposes, including with regard to the Internal Revenue Code, Social Security Act, the Federal Unemployment Act (FICA) or with regard to workman's compensation, any state employment act or any other federal, state, or local law, ordinance, rule or regulation.
Preferred Buyer understands that to qualify for rebates, Preferred Buyer must direct online customers to our Rebate Partner’s Websites
No purchase is required to become and remain a Preferred Buyer.
Preferred Buyer understands and will abide by the terms of the Terms of Use and Agreement between User and Alliance Charities, Inc.com.
Preferred Buyer understands that in order to maintain a viable marketing system and to comply with changes in applicable laws, Alliance Charities, Inc reserves the right to amend this Agreement, rebates and company literature, without prior notice, effective upon publication or transmittal of such amendment in official publication, literature, voice mail or email, as applicable. Preferred Buyer agrees to be immediately bound by such amendments. In the event of a conflict between the terms of such original documents and the amendment, the amendment will control.
Preferred Buyers have no authority to bind Alliance Charities, Inc to any obligations. To the extent permitted by law, Alliance Charities, Inc shall not be liable for and Preferred Buyer hereby releases Alliance Charities, Inc from, and waives all claims for any loss, indirect, direct, special or consequential damages or any other loss incurred or suffered by a Preferred Buyer as a result of (I) the beach by a Preferred Buyer of the Agreement and/or Terms of Use, (II) any incorrect or wrong data or information provided by a Preferred Buyer or (III) the failure to provide any information or data necessary for Alliance Charities, Inc to operate its business, including without limitation, the acceptance of a Preferred Buyer into the program or the payment of rebates. Each Preferred Buyer shall indemnify and hold harmless Alliance Charities, Inc and its affiliates and subsidiaries and their shareholders, officers and directors, employees and agents from any claim, damage liability, or expense (including attorneys’ fees and court costs) asserted or suffered by any of them by reason of arising out of the (a) Preferred Buyer’s breach of the terms and conditions of this Agreement, Terms of Use and Agreement Between User and Alliance Charities, Inc.com, (b) Preferred Buyer’s failure to comply with any applicable federal, state, provincial, local, law or regulation. Each Preferred Buyer shall operate independently so long as he or she complies with the terms of this Agreement and all federal, state and local laws.
Each Preferred Buyer shall comply with all federal, state, provincial and local taxes and regulations governing online purchases conducted by such Preferred Buyers.
Alliance Charities, Inc's trademarks service marks, trade names and copyrighted materials are proprietary and owned by and have great commercial and ethical value to Alliance Charities, Inc as a distinguishing mark or symbol. A Preferred Buyer’s use of Alliance Charities, Inc’s marks and materials must be in compliance with Alliance Charities, Inc’s written policies as amended from time to time. A Preferred Buyer is to use only promotional and advertising materials produced by Alliance Charities, Inc or approved in writing by Alliance Charities, Inc and bear its designation. Each Preferred Buyer, in consideration of the acceptance of this Agreement by Alliance Charities, Inc, grants to Alliance Charities, Inc the right to use the Preferred Buyer’s testimony, voice, photograph and/or recorded image in marketing, promotional, training or advertising videos and/or other printed or media material, in any manner, and waives any right to residual income, royalties or other compensation which might accrue from the use of such images.
Alliance Charities, Inc has the right to offset any amounts owed by Preferred Buyer to Alliance Charities, Inc (including, without limitation, the repayment of rebates, as a result of product returns).
Rebates are built upon online retail sales to the customer from Alliance Charities, Inc’s Rebate Partners. All rebates are paid to Preferred Buyers as a result of such purchases only then forwarded to Alliance Charities for distribution to participating 501(c)(3) organizations.
Each Preferred Buyer agrees that Alliance Charities, Inc has the exclusive proprietary interest in its customer lists, customer information developed by or for Alliance Charities, Inc, preferred Buyer’s lists, manufacturing procedures, formulas, source codes, product development and in all operating, financial and marketing materials, and that all such information is confidential. Preferred Buyer shall not use or disclose such information to any third party except in strict accordance with this Agreement, Terms of Use and Definitions and Agreement between User and Alliance Charities, Inc. Such confidential information is disclosed to Preferred Buyers on a “need to know” basis solely for use in each Preferred Buyer’s business with Alliance Charities, Inc. Each Preferred Buyer agrees to use his or her best efforts to keep such information confidential. During the term of and after termination of this Agreement. Preferred Buyers shall not use such information to sell products and/or services other than Alliance Charities, Inc’s products and/or services or in connection with any other business. Upon termination or non-renewal of this Agreement, Preferred Buyer immediately shall cease all use of Alliance Charities, Inc’s trademarks, service marks and proprietary and confidential information and, if requested by Alliance Charities, Inc, return all such materials in Preferred Buyer’s possession to Alliance Charities, Inc. The covenants and obligations of Preferred Buyer to protect the trade secrets and confidential information of Alliance Charities, Inc shall survive termination of this Agreement.
Each Preferred Buyer agrees to be bound by the terms and conditions of this Agreement and the laws, rules and regulations of all countries in which the Preferred Buyer offers services.
No failure of Alliance Charities, Inc to exercise any power or right under these terms or any agreement with the Preferred Buyer or to insist upon strict compliance by a Preferred Buyer with any obligation or provision, and no custom or practice of the parties at variance with the terms or any other agreement with a Preferred Buyer, shall constitute a waiver of Alliance Charities, Inc’s right to demand exact compliance therewith. Waiver by Alliance Charities, Inc of any particular default by a Preferred Buyer shall not affect or impair Alliance Charities, Inc’s right with respect to any subsequent default, nor shall it affect in any way the rights or obligations of any Preferred Buyer.
Each Preferred Buyer agrees that the remedy at law for any breach of any provision of this Agreement shall be inadequate and that, in addition to any other remedies it might have, Alliance Charities, Inc shall be entitled, without the necessity of providing actual damages, to temporary and permanent injunctive relief to prevent the breach of any provision of this Agreement, Terms and Definitions and Agreement Between User and Alliance Charities, Inc. All rights, powers and remedies given to Alliance Charities, Inc are cumulative, not exclusive, and in addition to any and all other rights and remedies provided by law.
If any provision of this Agreement and/or Terms and Definitions and/or Agreement Between User and Alliance Charities, Inc or the application of such provision to any person or circumstance shall be held to be invalid or unenforceable, the remainder of the Agreement shall remain in full force and effect and the application of any such provision to persons or circumstances other than those to which it is held invalid shall not be altered.

LINKS TO THIRD PARTY SITES

The Happy Hill Farm Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of Alliance Charities, Inc or Happy Hill Farm and neither are responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Alliance Charities, Inc and Happy Hill Farm are not responsible for webcasting or any other form of transmission received from any Linked Site. Happy Hill Farm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Alliance Charities, Inc or Happy Hill Farm of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Happy Hill Farm Website, you warrant to Happy Hill Farm that you will not use the Happy Hill Farm Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Happy Hill Farm Website in any manner which could damage, disable, overburden, or impair the Happy Hill Farm Website or interfere with any other party's use and enjoyment of the Happy Hill Farm Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Alliance Charities, Inc Websites.

USE OF COMMUNICATION SERVICES

The Happy Hill Farm Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

Niether Alliance Charities, Inc nor Happy Hill Farm has any obligation to monitor the Communication Services. However, both Alliance Charities, Inc and Happy Hill Farm reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Alliance Charities, Inc reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Alliance Charities, Inc reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Alliance Charities, Inc's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Neither Alliance Charities, Inc nor Happy Hill Farm control or endorse the content, messages or information found in any Communication Service and, therefore, Alliance Charities, Inc and Happy Hill Farm specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Alliance Charities, Inc or Happy Hill Farm spokespersons, and their views do not necessarily reflect those of Alliance Charities, Inc or Happy Hill Farm.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Happy Hill Farm OR POSTED AT ANY Alliance Charities, Inc WEBSITE

Happy Hill Farm does not claim ownership of the materials you provide to Happy Hill Farm (including feedback and suggestions) or post, upload, input or submit to any Alliance Charities, Inc Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Alliance Charities, Inc and Happy Hill Farm, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Neither Alliance Charities, Inc nor Happy Hill Farm is under any obligation to post or use any Submission you may provide and may remove any Submission at any time in Alliance Charities, Inc's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Happy Hill Farm Website MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Alliance Charities, Inc AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Happy Hill Farm Website AT ANY TIME. ADVICE RECEIVED VIA THE Happy Hill Farm Website SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Happy Hill Farm AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Happy Hill Farm Website FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Happy Hill Farm AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Alliance Charities, Inc, Happy Hill Farm AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Happy Hill Farm Website, WITH THE DELAY OR INABILITY TO USE THE Happy Hill Farm Website OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Happy Hill Farm Website, OR OTHERWISE ARISING OUT OF THE USE OF THE Happy Hill Farm Website, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Happy Hill Farm OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Happy Hill Farm Website, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Happy Hill Farm Website.

SERVICE CONTACT : info@alliancecharities.com

TERMINATION/ACCESS RESTRICTION

Alliance Charities, Inc reserves the right, in its sole discretion, to terminate your access to the Happy Hill Farm Website and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Happy Hill Farm Website. Use of the Happy Hill Farm Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Happy Hill Farm as a result of this agreement or use of the Happy Hill Farm Website. Alliance Charities, Inc's and Happy Hill Farm's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Alliance Charities, Inc's and Happy Hill Farm's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Happy Hill Farm Website or information provided to or gathered by Alliance Charities, Inc with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Alliance Charities, Inc with respect to the Happy Hill Farm Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Alliance Charities, Inc with respect to the Happy Hill Farm Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Happy Hill Farm Website are: Copyright 2008 by Alliance Charities, Inc and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.