Terms

Website Terms and Conditions

THIS WEBSITE OF THE WOODHAVEN GROUP, LLC (“Woodhaven”) AND ALL SOFTWARE, TOOLS, INFORMATION, PRODUCTS AND SERVICES PROVIDED THROUGH THIS WEBSITE BY WOODHAVEN (BUT EXCLUDING SOFTWARE, TOOLS, INFORMATION, PRODUCTS AND SERVICES THAT ARE MADE THE SUBJECT OF A MUTUALLY EXECUTED MASTER SERVICES AGREEMENT OR OTHER CONTRACT WITH WOODHAVEN) (COLLECTIVELY, “SERVICES”) ARE GOVERNED BY THESE TERMS AND CONDITIONS.  BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  WOODHAVEN MAY CHANGE THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING SUCH CHANGES ON THIS WEBSITE AND USING REASONABLE EFFORTS TO NOTIFY USERS OF THE CHANGE.  YOUR CONTINUED USE OR RECEIPT OF ANY SERVICES FROM WOODHAVEN, SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES TO THESE TERMS AND CONDITIONS.

1.     Use of Website.  You warrant and represent that (a) your use of this website and all Services will be conducted in full compliance with all applicable laws, regulations, ordinances and court orders, (b) you will not use this website or any Services to create, upload, download, store, publish, distribute, broadcast or otherwise disseminate any information, data or content that infringes, misappropriates or otherwise violates any third party patent, copyright, trademark, trade secret, right of privacy, right of publicity or any other intellectual property right, (c) you will not use this website or any Services to create, upload, download, store, publish, distribute, broadcast or otherwise disseminate any pornographic, offensive, libelous or slanderous information, data or content, (d) you will not use this website or any Services to create, upload, download, store, publish, distribute, broadcast or otherwise disseminate any viruses, corrupted files, malware, or any other similar software or programs that may damage or impair the operation of any computer, (e) you will not use this website or any Services in any manner which could damage, disable, overburden or otherwise impair the ability of Woodhaven to make this website or any Services available to other users or to interfere with the use and enjoyment of this website or any Services by other users, and (f) you will not attempt to gain unauthorized access to any Services, accounts or information of Woodhaven or any other users.

2.     Modification or Discontinuation of Services.   Woodhaven may modify or discontinue any or all features of this website immediately and without notice to you.  In the event that you are dissatisfied with the website, your sole and exclusive remedy will be to discontinue all use of the website.

3.     Third Parties.

a.     Third Party Software.  By using this website, or using or receiving any Services, you may be allowed or required to access and use certain third party software.  All third party software is made available to you pursuant to the terms and conditions of use of the applicable third party supplier.  You warrant and represent that your use of any such third party software will at all times conform to the terms and conditions of use of the applicable third party supplier and that your use of any such third party software will constitute acceptance of such third party's terms and conditions of use.  You acknowledge and agree that Woodhaven makes no warranties or representations regarding the performance of any third party software and that you are solely responsible for determining the suitability of any third party software for your business needs.

b.     Third Party Websites.  This website of Woodhaven may contain links to third party websites.  Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement by Woodhaven of any third party websites or any association between Woodhaven and the operators of any third party websites.  Any such third party websites are not under the control of Woodhaven, and Woodhaven is not responsible for the content of any such third party websites or any damages incurred by you as a result of your using any such third party websites.

4.     Use of Woodhaven Name and Trademarks.  Nothing contained herein shall be construed as a license to use the name or any trademark of Woodhaven, or any other trademark or name of Woodhaven’s suppliers and subcontractors.  You may not reference Woodhaven or its suppliers and subcontractors in any promotional materials or press releases without the prior written consent of Woodhaven in each and every instance which permission may be withheld or withdrawn in the sole discretion of Woodhaven.

5.     Defense and Indemnification.  You agree to defend, indemnify and hold harmless Woodhaven and its owners, employees, agents, suppliers, and subcontractors from any and all claims, liabilities, losses, costs and fees (including reasonable attorneys’ fees) which relate to, arise from or in anyway relate to your use of this website, your receipt or use of any Services or your violation of these Terms and Conditions including breach of copyright, trademark or other intellectual property rights belonging to any third party.

6.     Disclaimer of Warranties.  THIS WEBSITE AND ALL SERVICES PROVIDED TO YOU BY WOODHAVEN AND ITS SUPPLIERS AND SUBCONTRACTORS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT WOODHAVEN DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE RECEIPT OR USE OF THIS WEBSITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.  WOODHAVEN HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

7.     Disclaimer of Consequential Damages and Limitations of Liability.  WOODHAVEN AND ITS SUPPLIERS AND SUBCONTRACTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR COVER DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WOODHAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WOODHAVEN AND ITS SUPPLIERS AND SUBCONTRACTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS WEBSITE, THE USE OR INABILITY TO USE ANY SERVICES, THE PROVISION OR FAILURE TO PROVIDE ANY SERVICES, ANY LOSS OF PROFITS, ANY LOSS OF INFORMATION, DATA OR CONTENT, OR ANY LOSS OF GOODWILL.  IN THE EVENT THAT YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS WEBSITE OR THE APPLICABLE SERVICES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8.     Survival.  Provisions contained in these Terms and Conditions relating to use of trademarks, proprietary rights, disclaimer of warranties, limitation of liability, indemnification, choice of law, exclusive jurisdiction and attorneys’ fees shall survive the expiration or termination of Services.

9.     Assignment.  You may not assign any of your rights or obligations under these Terms and Conditions, or make commercial use of any part of this website or Services, without the prior written consent of Woodhaven, which may be withheld in the sole discretion of Woodhaven.

10.  Proprietary Rights.  Woodhaven and its suppliers and subcontractors are the sole owners of all rights, title and interest in and to the Services provided to you by Woodhaven.  Nothing contained in these Terms and Conditions shall be construed to assign, transfer or convey to you any right, title or interest in or to any Services, or any patent, copyright, trademark, trade secret or other intellectual property right of Woodhaven or its suppliers and subcontractors.

11.  Copyright Infringement Notification.  To file a copyright infringement notification with us, send a written communication to our designated agent, R. Douglas Smith, President, 4560 Windledge Circle, Zionsville, Indiana 47077, Phone: 317.716.2232, E-mail: dougsmith@woodhavengroup.com, that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):

a.     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b.     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

c.     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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.

d.     Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

e.     A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f.      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

12.  Choice of Law and Exclusive Jurisdiction.  These Terms and Conditions shall be interpreted under the laws of the State of Indiana without reference to its conflict of laws rules.  You acknowledge and agree that any cause of action or litigation involving this website, any Services, these Terms and Conditions, or any claims arising hereunder, shall be filed exclusively in federal or state court in Marion County, Indiana and you hereby irrevocably consent to the jurisdiction of any court in Marion County, Indiana.

13.  Attorneys’ Fees.  In the event that it becomes necessary for Woodhaven to institute any action at law and/or in equity against you to secure or protect its rights under these Terms and Conditions, Woodhaven shall be entitled to recover on any judgment entered therein in its favor such reasonable attorneys’ fees as may be allowed by the court, together with such court costs and damages as provided by law.

14.  No Waiver.  The failure to enforce or to require the performance at any time of any provision of these Terms and Conditions shall not affect either the validity of these Terms and Conditions or the right of Woodhaven to subsequently enforce these Terms and Conditions.

15.  Headings.  Any section headings or captions appearing in these Terms and Conditions are included solely for convenience of reference and shall not be construed or interpreted to affect the meaning or interpretation of these Terms and Conditions.

16.  Severability.  In the event that any provision of these Terms and Conditions is deemed unenforceable by a court or administrative agency of proper jurisdiction, the balance of these Terms and Conditions shall continue in full force and effect, and the unenforceable provision(s) shall be deemed replaced by a provision(s) that carries out the intent of the parties to the maximum extent enforceable.

17.  Entire Agreement and Understanding.  These Terms and Conditions are the complete and exclusive statement of the agreement and understanding between Woodhaven and you.  You acknowledge and agree that the terms and conditions contained therein supersede all proposals, prior agreements, oral or written representations, and all other communications between you and Woodhaven relating to this website, the Services and the subject matter of these Terms and Conditions.

We had a great experience working with the Woodhaven Group. They have a great team that made launching our new website painless and worth the investment, what a great value!!! As a family run business it was nice to be treated like family. And the service after the sale is great.

Matt Chandler Chandler's Farm

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Hey I thought you would like to know that our website is doing what we hoped. We have had 3 different customers come to the farm and buy plants today that have mentioned that they found us from our website. We are getting calls almost everyday. We could not have done with out all of you. Thanks again!

Randy and Linda Stout- Stouts Melody Acres

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I have been so impressed with the creation of my new website by the Woodhaven Group. The team of staff worked together seamlessly to build the website I had envisioned for our small farm business. They are so easy to work with and do everything they can to make it easier for you to promote your business.

Wendy Feller, Silver Valley Farm

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"Since the website launched 3 months ago, I have seen tree sales increase 30%. As you know it is a very effective marketing tool. You guys did a great job and are very easy to work with. I thank you and the entire team!

Dustin Hostetler Hostetler Farms

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