TERMS
AND CONDITIONS
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access
to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree to these
terms and conditions, please do not use this website.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Inka Crops. The collective
work includes works that are licensed to Inka Crops. Copyright 2004, Boneless
Design. ALL RIGHTS RESERVED. Permission is granted to electronically copy
and print hard copy portions of this site for the sole purpose of placing
an order with Inka Crops or purchasing Inka Corn, Inka Chips or Inka Peanuts
products. You may display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or print portions
of the material from the different areas of the site solely for your own
non-commercial use, or to place an order with Inka Crops or to purchase
Inka Corn, Inka Chips or Inka Peanuts products. Any other use, including
but not limited to the reproduction, distribution, display or transmission
of the content of this site is strictly prohibited, unless authorized by
Inka Crops. You further agree not to change or delete any proprietary notices
from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Inka Crops used in the site
(including but not limited to the Inka Crops name, the "Inka Corn" brand,
the "Inka Chips" brand, the "Inka Peanuts" brand and
all of their related logos and designs) are trademarks or registered trademarks
of Inka Crops.
Warranty
Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law, Inka Crops disclaims
all warranties, express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular purpose and non-infringement.
Inka Crops does not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that the defects will be corrected,
or that this site or the server that makes the site available are free of viruses
or other harmful components. Inka Crops does not make any warranties or representations
regarding the use of the materials in this site in terms of their correctness,
accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some
states do not permit limitations or exclusions on warranties, so the above
limitations may not apply to you.
Limitation
of Liability
Inka Crops shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site
or the performance of the products, even if Inka Crops has been advised of
the possibility of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical
Errors
In the event that a Inka Crops product is mistakenly listed at an incorrect
price, Inka Crops reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Inka Crops reserves the right to
refuse or cancel any such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already been charged
for the purchase and your order is cancelled, Inka Crops shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Inka Crops without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous,
shall survive any termination.
Notice
Inka Crops may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided
to Inka Crops.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the international
sale of goods. Specifically, this Agreement shall be subject to California's
chapter on "Sales". You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or relating
to this site (including but not limited to the purchase of Inka Crops products)
shall be in the state or federal courts located in Sacramento, California.
Any cause of action or claim you may have with respect to the site (including
but not limited to the purchase of Inka Crops products) must be commenced
within one (1) year after the claim or cause of action arises. Inka Crops'
failure to insist upon or enforce strict performance of any provision of
these terms and conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Inka Crops may assign
its rights and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or
by use of obscene or abusive language, is strictly forbidden. Impersonation
of others, including a Inka Crops or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site
any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights
of any party or which may otherwise give rise to liability or violate any
law. You may not upload commercial content on the site or use the site
to solicit others to join or become members of any other commercial online
service or other organization.
Participation
Disclaimer
Inka Crops does not and cannot review all communications and materials posted
to, or created by users accessing the site, and is not in any manner responsible
for the content of these communications and materials. You acknowledge that
by providing you with the ability to view and distribute user-generated content
on the site, Inka Crops is merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating to any contents
or activities on the site. However, Inka Crops reserves the right to block
or remove communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation
of a copyright, trademark or other intellectual property right of another or
(d) offensive or otherwise unacceptable to Inka Crops at its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Inka Crops, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the
site using your Internet account.
Third-Party
Links
In an attempt to provide increased value to our visitors, Inka Crops may link
to sites operated by third parties. However, even if the third party is affiliated
with Inka Crops, Inka Crops S.A. has no control over these linked sites, all
of which have separate privacy and data collection practices, independent of
Inka Crops. These linked sites are only for your convenience and therefore
you access them at your own risk. Nonetheless, Inka Crops seeks to protect
the integrity of its web site and the links placed upon it and therefore requests
any feedback on not only its own site, but for sites it links to as well (including
if a specific link does not work).
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