TERMS OF USE
BY
ENTERING OR USING THE MYHEARTLANDCOUNTRY.COM WEBSITE (THE ''WEBSITE''),
YOU (THE ''USER'') ARE CONSENTING TO BE BOUND BY THESE TERMS OF USE. IF
YOU DO NOT AGREE TO BE SUBJECT TO ALL OF THESE TERMS OF USE, YOU ARE
ADVISED NOT TO ENTER OR USE THE WEBSITE OR HEARTLAND COUNTRY SERVICES
AVAILABLE ON THIS WEBSITE (COLLECTIVELY, THE ''SERVICES'').
1. User Information
You
certify to Heartland Country (''Heartland Country'' or
''We'') that you are not a minor, i.e. that you are at least eighteen
(18) years of age; provided, however, that a minor's parent or legal
guardian may authorize a minor to use myheartlandcountry.com under
supervision of the parent or guardian.
2. Availability
Heartland Country does not warrant that the Service will be
available 24-hours per day, 7-days per week. Heartland Country will have no liability to you for the
unavailability of the Service.
3. Proprietary Rights to Information and Data
The
information and data provided by or through the Service is protected by
international copyright laws of Heartland Country.
The User acknowledges that such information and data may contain other
proprietary information and material, and the User will respect all
such proprietary rights and take such precautions as may be reasonably
necessary to protect private, confidential and other proprietary
information and material from unauthorized use.
4. Trademarks
Heartland Country's logos and product and service names are
trademarks or service marks of Heartland Country (collectively, ''Marks'') or any of its
affiliates. The User agrees not to display or use, in any manner, any
of Heartland
Country's
Marks or copyrighted material without Heartland Country's
prior written consent. Third party trademarks, service marks, logos and
trade names appearing on any of the websites which are part of the
Service are the property of their respective owners.
5. Prohibited Uses
You
expressly agree not to use the Service in a manner that is prohibited
by any law or regulation, or to facilitate the violation of any law or
regulation.
6. Monitoring of the Service
Heartland Country may,
in its discretion, monitor the Service and the use thereof by the User
to determine compliance with these Terms of Use and to avoid, to the
extent practicable, fraudulent, unlawful or abusive use of the Service,
subject at all times to the disclaimers described in Section 8
below. Heartland Country may also intercept and disclose any content,
record, use, data or information, to the extent necessary to
protect Heartland Country's
rights and fulfill its obligations (to the extent applicable),
including without limitation, for mechanical or service quality control
or to comply with any law, regulation, or governmental request, all as
determined by Heartland Country and as permitted by applicable law.
7. Links
Heartland Country is
not responsible for the content on the Internet or World Wide Web pages
that are contained outside the Service. As a convenience to our
members, Heartland Country provides links to many resources. Heartland Country makes no representations as to the quality,
suitability, functionality or legality of any sites to which Heartland Country may provide links, and the User hereby waives any
claim the User may have against Heartland Country with respect to such sites.
8. DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NO
WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM - EXPRESSED OR
IMPLIED, STATUTORY OR OTHERWISE - INCLUDING BUT NOT LIMITED TO THE
CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE
OR USE OF THE SERVICE IS GIVEN OR ASSUMED BY HEARTLAND COUNTRY. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS,
UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED. HEARTLAND COUNTRY
MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
9. LIMITATION OF LIABILITY
IN NO EVENT
WILL HEARTLAND
COUNTRY
BE LIABLE TO ANY USER OF THE SERVICES OR OTHER PARTY AFFECTED BY THE
SERVICE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION, ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS
AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE
UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE
OF THE SERVICE, EVEN IF HEARTLAND COUNTRY
WILL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE. AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS
OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU.
10. Term & Termination
These
Terms of Use are effective upon the User's entering or using the
Website or Service and remain in effect unless changed by Heartland
Country. Heartland Country
may, at any time, terminate this Agreement and/or terminate the User's
access to any part or all of the Service without any advance notice.
Termination of these Terms and Conditions by Heartland Country will be effective on the day that Heartland Country gives notice of such termination to the
User. Heartland
Country
will be entitled to change or discontinue any or all of the Service
and/or any pricing (if any) relating to the Service at any time, or to
modify these Terms and Conditions at any time.
11. Indemnity
At Heartland Country's request, the User agrees to defend, indemnify and
to hold harmless Heartland Country,
its licensors, officers, directors and employees from any losses,
claims and liabilities (including attorney's fees) which may arise from
your use of the Service and/or material obtained from or through any
Service provided on the Website, or from your breach of these rules.
12. Notices
Notices to
the User may be made via either email or regular mail. Heartland Country
may also provide notices of changes to the Terms and Conditions or
other matters by displaying notices or links to notices generally
through the Website.
13. General
This
Agreement shall be governed by and construed in accordance with the
laws of the State of Iowa, USA, without regard to the principles of
conflict of laws. This Agreement constitutes the entire agreement
between the parties hereto with respect to the subject matter hereof.
This Agreement shall not be released, discharged, changed or modified
in any manner, except by instruments signed by duly authorized officers
or representatives of each of the parties thereto.
14. Other Heartland
Country Legal documents
In addition
to these Terms of Use, it is important that you read Heartland Country's Privacy Policy.
OUR PRIVACY POLICY
Heartland
Country respects the privacy of our customers. The purpose of this
privacy statement is to provide you with information concerning our
services, the types of information we are provided or obtain ourselves
through visits to or use of our Website, how we use that information.
Our goal in handling information provided to us in connection with the
processing of transactions on our Website is to comply with applicable
data privacy laws and to offer users of our Website notice, choice,
consent, security, data integrity, access and enforcement with regard
to personal information provided to us by individuals in conjunction
with those transactions.
How
we use the information we collect.
Depending
on the nature of the services provided by Heartland Country
we may receive personal information directly from you. The personal
information may include but is not limited to your name, mailing
address, phone number, and other information required to provide you
with the product requested.
Heartland
Country also employs other companies to provide services
to
it in connection with your transaction. We may use companies to process
credit card payments, deliver packages, send mail, analyze data,
provide marketing aid and assistance, provide customer service, and
otherwise provide services to us to enable us to serve you and enhance
our services. These organizations may have access to personal
information as required to permit them to perform their obligations to
us. We require these organizations to undertake to protect personal
information and to only use it in accordance with applicable laws and
for the purposes for which they are specifically engaged.
Some of the ways in which we will use the personal information provided
us include:
to take, process or deliver your order, process or obtain payment or
notify you of the status of your order;
to provide it to industry and credit related organizations for
security, credit or fraud prevention purposes;
to provide you with announcements and other product offerings;
to send you, with your consent, newsletters or promotional emails or
undertake other promotional activities.
We
may also provide links from our Website to third party websites who may
provide services to you directly or on our behalf. THE PRIVACY POLICIES
OF THESE THIRD PARTY SITES MAY BE DIFFERENT FROM OUR PRIVACY POLICIES
AND WILL GOVERN ANY TRANSACTIONS UNDERTAKEN ON THAT SITE. We urge you
to review the privacy policy of any site to which you are linked.
By submitting your order to us you consent to the use of your personal
information as set forth above.
Will
Heartland Country Give Me Notice of Requests for My Information
Made By Law Enforcement or Governmental Agencies?
No.
Heartland Country may be required to respond to subpoenas, court
orders or be asked to respond to other legitimate requests for your
personal information from appropriate law enforcement or governmental
authorities. In such situations, we will release personally
identifiable information to third parties and organizations when we
believe it is appropriate for us to do so in order to comply with the
law or to protect against fraud. We will also release such information:
to
cooperate with law enforcement or other governmental investigations
(without necessarily requiring the law enforcement or government agency
requesting the information to formally serve us with a subpoena),
to comply with all valid court orders or subpoenas,
to protect our legal rights and those of our users; and/or
when we believe it is needed for fraud protection and/or credit risk
reduction.
Heartland Country also reserves the right to
report to
such entities any activities that we believe to be unlawful. Any report
made to under this paragraph will be made without prior notice to you.
In
the event Heartland Country merges with another entity, is
acquired by another entity, or enters into a business combination with
another entity, Heartland Country may be required to disclose and
some or all of your personally identifiable information to that entity
to continue serving you.
How
do we protect customer information?
Customers
who buy through the Heartland Country website are shopping on a
secure server which encrypts all of a customer's personal information.
This makes it difficult, if not impossible, for a third party to access
or use your personal information in an unauthorized manner.
Heartland
Country has developed its service with security as a top
priority. We use firewalls to prevent access to information in our
system and Secure Socket Layers ("SSL") to encrypt your personal
information and protect it from disclosure, destruction, modification
or use.
What
About Cookies?
"Cookies"
are a data analysis technique that uses information stored on your
browser. Heartland Country cookies are used to identify a
customer, not to identify specific customer traits. If you do not want
cookies in your browser, you may set your browser to reject cookies or
to notify you when a website attempts to place a cookie in your browser.
Non-Personally
Identifiable Information
We
may also collect other information which does not in and of itself
identify a specific individual. This information includes IP addresses,
search terms, domain names and browser types. We use this information
to track usage and other patterns on our web site.
Information
Sharing
Heartland
Country does not sell, trade or rent personal information
to
anyone. We will not use or share your personally identifiable
information with others except those individuals or entities which we
have engaged to provide services to you, for those purposes set forth
above or with your consent.
Changes
to this privacy policy
Heartland
Country may amend this policy from time-to-time. We
suggest
you visit this web site periodically to determine whether or not any
such changes have been made.
Contact
Information
If
you have questions or comments or would like to contact us concerning
our privacy statement, please contact us online at the following
address:
info@myheartlandcountry.com
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