I. Introduction
Welcome to Homestead Market®. Homestead Market® is a division of Hefty Creek International, LLC. This Terms Of Use Agreement sets forth the Agreement between Homestead Market® and Hefty Creek International, LLC (referred to collectively as "Homestead Market®" or as "we") and each user (referred to as "you" or "user") governing the use by you of this site. Please read this Agreement carefully before using this site. By using this site, you agree to comply with the Terms Of Use. If you do not agree to the terms and conditions of this Terms Of Use Agreement, you may not access or otherwise use this site.
II. Not Healthcare Advice
The information, and other content provided on and through this site relating to wellness, dental and oral, Xylitol and similar products, including without limitation any products, information, services and other content provided on any site to which this site links (each a "Linked Site"), are provided for informational purposes only to facilitate discussions with your physician or other healthcare professionals (collectively, "Healthcare Professional") regarding treatment options.
The information provided on this site and Linked Sites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. This information is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
The statements about products on this site, and products sold through this site, have not been evaluated by the United States Food and Drug Administration. Products on this site are not intended to diagnose, treat, cure or prevent any disease. You should not use the information or products on this site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such product. You should also consult your physician or Healthcare Professional regarding any possible interactions between any medication you're currently taking and products offered on this site or any Linked Site.
Homestead Market® is not responsible for any product or service sold on or through this site or any claims of quality or performance made on or through this site, including any claims of quality or performance made on or through any Linked Site. You are advised that other sites on the Internet, including without limitation Linked Sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Homestead Market® expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any Linked Site.
III. Copyright and Trademarks
All website design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of Homestead Market® or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this website for the sole purpose of placing an order with Homestead Market® or using this website as a shopping vehicle.
Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of Homestead Market®, is strictly prohibited.
Homestead Market®, and all logos, page headers, custom graphics and icons are service marks and/or trademarks of Homestead Market® or its licensors or Affiliates. All other trademarks, service marks, product names and company names or logos that appear on this site are the property of their respective owners.
IV. No Warranty - Disclaimer
Homestead Market® is providing this site, its contents and any products ordered through this site on an "as is" basis. All instructions and endorsements, as well as any warranties, relating to products sold through this site are strictly those of the product manufacturers. Homestead Market® and its officers, directors, employees, agents, licensors, content providers and the like (together, "Affiliates") make no representations or warranties of any kind, express or implied, with respect to this site or its contents, including without limitation the products, information or services offered or sold on or through this site or any Linked Site and the uninterrupted and error-free use of this site. Homestead Market® and its Affiliates expressly disclaim all such representations and warranties, including without limitation all warranties of merchantability, accuracy, timeliness, completeness, fitness for a particular purpose and non-infringement. Homestead Market® and its Affiliates do not warrant that the site or files available on the site will be free from corrupted data, computer viruses or similar destructive or contaminating code. No oral or written statements by Homestead Market® or its Affiliates will create any warranty not expressly set forth herein. Your use of this site and any Linked Site is at your sole risk.
V. Order Acceptance
Please note that there may be certain orders that we are unable to accept or that we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
Some situations that may result in your order not being accepted or being canceled include limitations on quantities available for purchase; inaccuracies or errors in product or pricing information; product or ingredient restrictions mandated by local, state, national or international regulations; or problems identified by our credit and fraud avoidance procedures. We may also require additional verifications or information before accepting any order. We will contact you if additional information is required to accept your order or if any portion of your order is canceled.
If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
Homestead Market® strictly follows all national and international regulations regarding the sale, purchase and shipment of any product or product ingredient that is considered restricted or prohibited by any law within the United States or abroad.
VI. Order Returns
Please see our Returns Policy for details or feel free to contact us:
| Email: | contact@homesteadmarket.com |
| Phone: | 1-888-234-1906 (toll free) or 608-527-4242 (outside the USA) |
| Fax: | 608-527-4136 |
| Address: | Homestead Market W6303 Hefty Road Monticello, WI 53570 USA |
VII. Prices & Currency
The prices displayed on this Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order. International shipment rates vary based on total package weight and final destination. Pricing does not include duties, insurance costs, tariffs, value-added taxes, and similar or other charges. If assessed, these charges are the responsibility of the package recipient, who will be billed for them by the local Customs office.
VIII. Pricing or Typographical Errors
We work hard to provide accurate product and pricing information. However, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Homestead Market® has the right, at our sole discretion, to refuse or cancel any orders placed for that item. If an item is incorrectly priced, we will either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.
IX. Quantity Limits and Items for Resale
Homestead Market® reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer e-mail and/or billing address provided should such limits be applied. Homestead Market® also reserves the right to prohibit sales to dealers.
X. Limitation of Liability
HOMESTEAD MARKET® AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES, (III) FOR ANY DEFECTIVE PRODUCTS, (IV) FOR ANY INCORRECT OR INACCURATE INFORMATION, (V) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (VI) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY LINKED SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF THE USER ADVISES HOMESTEAD Market® OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOMESTEAD Market® AND THE USER. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Notwithstanding the foregoing, the sole and entire maximum liability of Homestead Market® and its Affiliates for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Homestead Market® on this site.
You agree to indemnify, defend and hold harmless Homestead Market® and its Affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys' fees, resulting or arising from or relating to your use of or conduct on this site, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to this site.
XI. Site Usage/Termination of Usage
You agree to be responsible for all charges resulting from the use of your account on this site, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence and notifying Homestead Market®.
You agree to use this site only for lawful purposes, and that you are responsible for your use of and communications on the site. You agree not to post on or transmit through this site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including without limitation any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this site in any manner that interferes with its normal operation or with any other user's use and enjoyment of the site. You agree not to reproduce, modify, distribute, replicate, commercially exploit or create derivative works of any portion of the site or material thereon.
You further agree that you will not access our website by any means except through the interface provided by Homestead Market® for access to the site. You agree that you will not access this site from any territory where its contents are illegal, and that you, and not Homestead Market® and its Affiliates, are responsible for compliance with applicable local laws.
These terms are effective unless and until terminated by either you or Homestead Market®. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Homestead Market® also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the site, if in Homestead Market's sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Homestead Market® or its Affiliates.
XII. Changes to Terms of Use Agreement
This information was last updated on the date set forth at the beginning of this Agreement. Homestead Market® may, in its sole discretion, amend this Terms of Use Agreement from time to time. Please check this Agreement area periodically for changes. Use of this site after any modification confirms that you consent to this Agreement as modified.
XIII. Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without regard to choice of law rules. By using this site you agree to submit to personal jurisdiction in the State of Wisconsin and further agree that any cause of action arising from or relating to the use of this site or this Agreement shall be brought exclusively in Federal or State Courts for Green County, Wisconsin.
At the sole discretion of Homestead Market®, any claim, dispute or controversy arising or concerning this site and/or this agreement shall be decided by binding arbitration with the Rules of the American Arbitration Association and any such arbitration proceeding brought and held in Green County, Wisconsin, USA. The decisions of the arbitrators shall be conclusive upon all parties involved and judgment upon any award of the arbitrator by any court having competent jurisdiction. This provision shall be specifically enforced by a court of competent jurisdiction.
XIV. Miscellaneous
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term "including" shall be deemed to be followed by the words "without limitation."
The failure of Homestead Market® or its Affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The "No Warranty - Disclaimer" and "Limitation of Liability" provisions of this Agreement are for the benefit of Homestead Market® and its Affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
XV. Entire Agreement
This Agreement constitutes the entire and only Agreement between Homestead Market® and each user of this site with respect to the subject matter of this Agreement and supercedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. You agree to review this Agreement prior to your use of this site and your use of this site shall be deemed acceptance of and assent to this Agreement by you.