Description of Service
Our Site provides information related to affiliates of Seger Holdings LLC, including Wendi’s Good Things Market and Locavores (collectively the “Content”). If we add new services, Content or features to our Site in the future, your use thereof is subject to these Terms. These Terms do not govern your use of any third party features or websites available on our Site, and we are not responsible for the availability of, any services provided by third parties. We reserve the right to modify, discontinue, or temporarily prevent access to our Site at any time. We will not be liable if we choose to exercise this right.
Our web store is hosted by Shopify, Inc., and we encourage you to also review Shopify Inc.’s Terms of Service.
You may not engage in any of the following with regard to the Site, and you agree not to use the Site to:
- violate or encourage the violation of any local, state, national, or international law or regulation;
- collect or store personal data about other users of our Site or solicit personal information from any individual;
- impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- send or promote any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined by Seger Holdings LLC in its sole discretion;
- infringe any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships;
- promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes;
- disrupt or interfere with the security or use of the Site or any websites or content linked to them;
- interfere with or damage the Site, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Site;
- attempt to use another user’s account, impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) Seger Holdings LLC or create or use a false identity;
- attempt to obtain unauthorized access to the Site or portions thereof that are restricted from general access;
- use any meta tags or any other “hidden text” utilizing Seger Holdings LLC name, trademarks, exhibition, or product names;
- attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Site;
- engage in any activity that interferes with any third party’s ability to use or enjoy the Site; or
Further, without our written consent, you may not:
- reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Content or any use of or access to the Site;
- use any high volume, automated, or electronic means (including, without limitation, robots, spiders, scripts, or other automated devices) to access the Site or monitor or copy our web pages or the content contained thereon;
- deep link to the Site for any purpose; or frame the Site, place pop-up windows over any content, or otherwise affect the display of the Site.
Disclaimer of Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SEGER HOLDINGS LLC, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “SEGER HOLDINGS LLC PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITE. OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNDER NO CIRCUMSTANCES, WILL ANY OF THE SEGER HOLDINGS LLC PARTIES BE LIABLE FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE OUR SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY OF THE SEGER HOLDINGS LLC PARTIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SEGER HOLDINGS LLC PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1542 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL SEGER HOLDINGS LLC PARTIES’ TOTAL LIABILITY TO YOU EXCEED $100.
You agree to indemnify and hold the Seger Holdings LLC parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account.
Copyright and Trademark Information
All Content, copyrights and other intellectual property rights in the Content available on our Site are owned by Seger Holdings LLC, with all rights reserved, or in some cases may be licensed to Seger Holdings LLC by third parties. This Content is protected by the intellectual property rights of Seger Holdings LLC or those owners.
Products or Services
All products and services on our site are subject to our Return Policy. We make every effort to accurately display the colors and images of the products offered on our websites. However, we cannot guarantee that the display on your computer or device will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions and prices for our products and services are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service, or to refuse any order you place with us, at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you through our websites will meet your expectations, or that any errors will be corrected.
Billing and Account Information
When you make a purchase on our website, you agree to pay, and authorize our third-party payment processor to charge using your selected payment method and payment plan, for all applicable fees and taxes that may accrue in relation to your purchase. All fees are in US Dollars and are non-refundable except as required by law (or as specified in our Return Policy). We are not responsible for charges or foreign exchange rates applied by your credit card company and/or financial institution.
You are responsible for providing current, complete, and accurate billing and contact information to us. We reserve the right to limit or refuse orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Certain programs, offers, features or services offered through the websites allow you to complete a registration process and/or setup an account or login. You agree to (1) provide true, accurate, current and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Seger Holdings LLC immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Seger Holdings LLC or any other site user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.
You may not use anyone else’s login at any time without their express written permission.
Seger Holdings LLC shall not be liable for any loss or damage arising from your failure to comply with these obligations.
User Comments, Reviews and Other Submissions
When you submit comments, feedback, suggestions, or other submissions (for example, contest entries or reviews) to us, or post such submissions to our websites, (collectively “Submissions”), you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to edit, modify, copy, publish, distribute, translate, create derivative works thereof, and otherwise use in any medium such Submissions for any purpose without restriction or compensation to your or to any third party. We are and shall be under no obligation to maintain any Submissions in confidence, or to respond to any Submissions. We may, but shall not be obligated to, in our sole discretion, post any Submission on our websites and identify you as a submitting party. We may, without notice to you, refuse or edit Submissions for any reason or no reason, including those Submissions that violate these Terms of Service, are irrelevant or inappropriate, or represent us in a negative way or in any manner not consistent with our brand and/or reputation, as determined by us in our sole discretion.
You agree that your Submissions must comply with these Terms of Service, including but not limited to Section 1 above. You are solely responsible for your Submissions and their accuracy. We take no responsibility and assume no liability for any Submissions posted or submitted by you or any third party.
Any dispute arising out of or relating in any way to your use of our Site or any products, services, or information you receive through our Site, shall be submitted to confidential, binding arbitration in Alamosa, Colorado, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
The laws of the state of Colorado and the United States govern these Terms and any claims arising out of or relating to use of the Site, without giving effect to any choice of law rules. We make no representation that our Site is appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Denver, Colorado will serve as the venue for any actions brought, or claims made, arising out of your use of our Site.
Compliance with Laws
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
Changes to These Terms
We reserve the right, at any time, to modify, alter, or update these Terms at any time without prior notice. You are encouraged to check this page regularly for changes to the Terms. Modifications will become effective immediately upon being posted to our Site, without further notice to you. Your continued use of any of our Site after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.
If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Seger Holdings LLC You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms as supplemented by any “click-through agreements,” shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Site. You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Site, constitutes the entire agreement between you and Seger Holdings LLC regarding your use of the Site, and that any other prior agreements between you and Seger Holdings LLC are superseded by these Terms. Any failure by Seger Holdings LLC to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. 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 a Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about these Terms, please feel free to contact us as follows: