PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY CHUCKANUT PRODUCTS INC. PLATFORM.
Thank you for visiting! You are reading these Terms because you are using a Chuckanut Products website, social media platform, or one of our other products or services, all of which are part of Chuckanut’s Platform (“Platform”). You may access the Platform through a computer, mobile phone, tablet, or other technology, which we refer to here as a “Device”. Your selected carrier’s normal rates and fees apply to your Device.
These Terms create a legally binding agreement between you and Chuckanut Products Inc. and its affiliates (which we may refer to as “Chuckanut,” “we,” “our,” or “us”) regarding your use of the Platform.
- Our Terms are Subject to Change. These Terms may be updated without notice. It is your responsibility to view them. We will always have the latest Terms of Use available to view on our page, with the date that it has been modified. from time to time. Please, read through any changes, and if you don’t agree to them, immediately stop the use of the Platform. Your continued use will be deemed as an acceptance of the updated Terms of Use, except to the extent prohibited by applicable law.
- Terms of Sale. By making any purchase through our Platform, you are also agreeing to the Terms of Sale.
- Terms of Sale: at this time, we are not accepting any returns of product. All sales are final, and cannot be canceled or refunded once the order has been processed and shipped. Please understand that this is due to the products being a perishable food item. If there is an issue with the product bought DIRECTLY FROM OUR SITE please email [email protected]
- Items Not Bought Direct: any items purchased through another entity, storefront, or platform are not covered by Chuckanut Products Inc. Please handle all returns/issues with the point of purchase directly.
- Privacy Policy. Please review our Privacy Policy as well. It covers the collection and use of personal information on the Platform and applies to your use of the Platform.
Site Rules and Regulations /Eligibility.
Only those that are of legal are permitted to use the Platform, or if you have the consent of a parent or legal guardian. guardian. Age restrictions for certain platforms may vary from state to state, or other countries.
CONTENT OWNERSHIP
Aside from User Content (defined below), all of the content on our Platform – including but not limited to: images, software, text, graphics, designs, photos, videos, interactive features, articles, artwork and other content (“Content”) – is owned by Chuckanut Products Inc. or others we may license Content from, and is protected by trademark, copyright, patent and other laws. Chuckanut Products Inc. reserves all rights not expressly stated in these Terms.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Chuckanut Products Inc. Though you may access the Platform or its Content, you do not have any ownership rights or acquire a license to any trademarks, trade-names, or service marks.
- Materials that are downloaded or printed from our Platform cannot be changed, altered, or deleted when it pertains to any ownership notices.
- To the extent Chuckanut approves the download or use of Content comprised of copyrights or copyrightable works, Chuckanut grants you a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use such copyrights or copyrightable works solely for their intended purpose and solely for as long as Chuckanut makes such Content generally available to the public. You do not acquire any ownership rights in the Content (including any trademarks or other intellectual property included in the Content), and all such Content is intended for personal, non-commercial use. Chuckanut reserves the right to monitor your use and to alter or revoke this license or your access to the Content at any time and for any reason. Chuckanut reserves the right to take down any Content in violation of these terms or Chuckanut’s intellectual property rights. Chuckanut allowing you this limited use does not constitute a waiver of any of Chuckanut’s rights to the Content.
- Outside of the specific usage rights granted to you by Chuckanut in connection with the Platform, you agree not to use, copy, edit, translate, display, distribute, download, transmit, sell, create derivative works of, or in any way exploit any Content, including User Content (unless it is your own User Content that you legally post on the Platform), without Chuckanut’s prior written consent. Unauthorized use of the Content may constitute a breach of copyright, trademark or other intellectual property laws and may subject you to criminal or civil charges and penalties.
CONTENT POSTED ON THE PLATFORM
User Content License. Some areas of the Platform allow you to post comments, photos, videos, and other content, which we have referred to as “User Content.” Chuckanut Products Inc. is not responsible for “User Content” others post to the Platform. You, or whoever creates it, are the owner of the User Content posted, but once it is posted to the Platform you license it to Chuckanut as defined below:
- You denote that you have the right to post your User Content, and that you give Chuckanut Products Inc. a non-exclusive, perpetual license to use any of the User Content that you post on or in relation to the Platform. This includes any and all ideas and concepts contained in the User Content. This can be used for any purpose, including but not limited to: Displays, modifications, commercial use applications, sublicensing, or the right to translation. Chuckanut Products also reserves the right to remove any User Content at any time.
- Once deleted, some User content may not immediately erase from all areas of the Platform, as some areas are linked to external sites where content can be shared and saved by other individuals, unless you or the owner of the User Content has explicitly requested the deletion or blocking of such material and or personal data.
LICENSE TO USE COMMENTS, IDEAS & FEEDBACK. You understand and agree that any comments, ideas, or feedback you voluntarily send us are provided on a non-confidential basis and by doing so, you grant Chuckanut Products Inc a perpetual, license to use all comments, ideas, and feedback you may share with us. This can be used without acknowledgement, compensation or notice, for any purposes whatsoever, including, but not limited to, the development, manufacturing and marketing of products and services. This includes the creation, modification and/or improvement of products and services that we currently have, or will have available in the future.
USER CODE OF CONDUCT
- We are looking forward to your engagement with our community! Please review the following guidelines before submitting any comments, ideas, or feedback.
- Do not post any material that you are not the creator of. Only post content to the Platform that you have permission and rights required to make the post available.
- No User Content may be posted that could expose Chuckanut Products Inc, its affiliates, or other users to any type of harm. This includes, but is not limited to, anything that may damage, tamper with, disable, limit functionality, or disrupt the Platform.
- User Content containing software viruses, programs, or any other computer code are strictly prohibited. Do not modify or evade the Platform security and software technology.
- You are not allowed to use any tool that uses data mining, scrapping methods, or robots.
- At present, our Platform is a public place. Posting personal information about yourself, or others is prohibited.
- Solicitation, advertising, promotion, or commercial content is prohibited from the Platform. Do not accept payment from any third party to post this type of content to the Platform.
- Solicitation or collection of personal information from other Platform users is prohibited. You will not send or contact them with unsolicited messages or content.
- The use of automated technology to interact with the Platform, or its users is prohibited.
- Be appropriate in all interactions.To engage in this community, you will respect those involved and will not post User Content that contains links to external websites, ANYTHING ILLEGAL, anything of malicious intent, any form of harassment, discriminatory comments, hate speech, anything misleading, false information, or otherwise objectionable, or inappropriate. Any User Content that violates applicable laws is prohibited. Chuckanut Products reserves the right to monitor, prescreen, or remove any User Content-but also has no obligation to do so.
- The impersonation of another entity, business, or individual is strictly prohibited.
Thank you for abiding by these guidelines!
COPYRIGHT INFRINGEMENT
If you believe that your work has been improperly copied to the Platform, such that it constitutes infringement, please provide us with the following information: Contact information (e.g. name, phone number,) a detailed description of the work you believe is copyrighted and the infringement, what platform the infringement is located, proof that you are copyright owner or authorized to act on the copyright owner’s behalf.
Please send copywrite infringement complaints to:
Chuckanut Products Inc.
P.O. Box 848
Jefferson, OR 97352
541-926-9300
PARTNERS & THIRD PARTIES ON THE PLATFORM
Occasionally, we may link to or partner with third-party websites, social media platforms, pet programs, or video streaming (“Third Parties”). You may be taken directly to a Third Party Platform through our site, but that does not mean that Chuckanut Products Inc has control over, endorses, monitors, or filters their activities. Please review each Third Parties’ Privacy Policy, and Terms of Use before navigating their platform. Chuckanut Products Inc is in no way responsible content, policies, or activities of Third Parties. You assume full discretion and interact with Third Parties at your own risk.
IMPORTANT DISCLAIMERS
WARRANTY DISCLAIMER. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions and limitations may not apply to you.
- The Platform, Content, and the materials and products on this Platform are provided “AS IS” and “AS AVAILABLE.”
- Chuckanut Products Inc does not warrant that the Platform or products are accurate, complete, adequate, current, error-free, reliable or otherwise. CHUCKANUT PRODUCTS INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY USER CONTENT POSTED ON THE PLATFORM TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
- Chuckanut does not guarantee that the Platform is virus free, or anything that could be harmful. Although we will do our best, Chuckanut does not garuntee that the Platform will run error-free or uninterrupted.
- To the fullest extent permitted by law, Chuckanut Products Inc. disclaims all warranties, express or implied, in regards to the Platform, Content, User Content and any products or services you may obtain or access through the Platform, including, but not limited to, implied warranties of title, merchantability, and non-infringement.
- To the extent applicable law does not provide otherwise, you assume full responsibility for any damages to your Device resulting from accessing the Platform.
- Please enjoy the features of the Platform, but understand that we do not guarantee any results.
TERMINATION
Chuckanut Products Inc. reserves the full right to terminate or modify any Chuckanut Platform, program, product or service at any point in time without notice.
Chuckanut Products Inc. may terminate your User Content, restrict your access, and deny services at any time for any reason without any liability to Chuckanut Products Inc, subject to applicable law.
- You understand and agree that some of your User Content, such as what is displayed in public places on the Platform, in an activity feed or in other portions of the Platform, may continue to be viewed publicly even after your account is terminated, subject to your right to have your User Content removed upon request in accordance with applicable law.
- These Terms will remain in effect even after your account is terminated or you have ceased using the Platform.
INDEMNIFICATION / LIMITATION OF LIABILITY
We want our users to enjoy the features and benefits of this Platform, but Chuckanut Products Inc. must also protect itself and its subsidiaries from any damages you may cause.
Indemnification and RELEASE. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions limitations may not apply to you. You agree to indemnify, defend, and hold harmless Chuckanut Products Inc., its affiliates, officers, directors, employees, agents, licensors and suppliers (the “Chuckanut Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Content, your use of Content, your use of the Platform, your conduct in connection with the Platform or with other Platform users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Chuckanut Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the Platform.
LIMITATION OF LIABILITY. Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions/limitations may not apply to you..] NONE OF THE CHUCKANUT PARTIES WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE PLATFORM OR THE CONDUCT OF OTHER PLATFORM USERS (WHETHER ONLINE OR OFFLINE), OR ATTENDANCE AT A CHUCKANUT PRODUCTS INC. EVENT OR CHUCKANUT PARTNER EVENTS, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PLATFORM, EVEN IF CHUCKANUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PLATFORM. YOUR ONLY REMEDY AGAINST CHUCKANUT IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY CONTENT IS TO STOP USING THE PLATFORM. IF CHUCKANUT IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR ANY CONTENT, CHUCKANUT ‘S LIABILITY SHALL NOT EXCEED US$100.00.
DISPUTES / ADDITIONAL TERMS
Choice of Law/Jurisdiction
- You agree that this Platform is a passive platform solely based in Oregon, USA, which does not give rise to personal jurisdiction over Chuckanut Products Inc. in jurisdictions other than Oregon.
- You agree that the Platform, Terms, Privacy Policy and any dispute between you and Chuckanut Products Inc. shall be governed in all respects by Oregon law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
- Except where prohibited by applicable law, and without limitation to any statutory rights for consumers, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to the Platform (including but not limited to the purchase of Chuckant products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Linn County, Oregon, USA.
- You consent to waive all defenses of “lack of personal jurisdiction” and “inconvenient forum” with respect to venue and jurisdiction in the state and federal courts of Linn County, Oregon.
- All claims shall be brought within one (1) year after the claim arises, except to the extent a longer period is required by applicable law.
Electronic Communications
- You agree to receive certain electronic communications from Chuckanut, subject to applicable law, with the use of The Platform.
- You agree that any notice, agreement, disclosure or other communication that Chuckanut, sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Right to Assign, No Waivers, Severability
- Chuckanut Products Inc. may assign its rights and duties under these Terms to any party at any time without notice to you, unless notice to you is required by applicable law. This will not affect your rights or our obligations under these Terms.
- Chuckanut’s failure to insist upon or enforce strict performance of these Terms is not a waiver of any of these Terms or Chuckanut’s rights. Users should always assume these Terms apply.
- If any provision in these Terms is held invalid or unenforceable, the remainder of these Terms shall continue to be enforceable.
Thank you for taking the time to review these Terms. Please enjoy our community!