Terms of Use

Terms of Use

Christmas Tree Farm Network, Inc. (collectively “CTFN” or “we” or “our”) is the owner and operator
of www.christmasmall.us (Christmas Mall) and www.christmas-tree.com (Christmas Tree Farm
Network).The Christmas Mall (“CM”) is a CTFN website that promotes Christmas tree products
and businesses. The Christmas Tree Farm Network (“CTFN”) is a CTFN website the provides
information to the consuming public regarding where to purchase Christmas trees within the
United States, Canada, and other countries. The terms of use contained herein applies to both
CM and CTFN (collectively “Websites”) and to both Customers and Users as defined below.
The CTFN Websites include all pages under the Websites’ domain uniform resource locator (URL)
and any related resources. Any access or use of CTFN Websites constitutes acceptance of the terms contained herein. Therefore, you are encouraged to read this agreement carefully before
accessing or using any of the services provided by the CTFN Websites. The CTFN Terms of Use
agreement (Agreement), contained herein, constitutes a binding and enforceable Agreement
between you and CTFN. By using our Websites you acknowledge and agree that you have fully
read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound
by this Agreement in its entirety, then you must immediately stop using our Websites.
CTFN reserves the right to change or revise this Agreement at any time by posting a notification of
changes on the homepage of our Websites. No notification of such revisions will be made known
by any other mechanism. CTFN will notify you of revision dates by posting the last revised date
preceding the first paragraph of this Agreement. The revised Agreement will take effect
immediately after it has been posted on our Websites. Your continued use of our Websites after
the posting of a notification will signify your acceptance of any such changes or revisions to this
Agreement.

Customers and Users


The term “Customers” as contained herein refers to third parties that provide CTFN content to be
displayed on our Websites. Customers may be required to agree to terms and conditions that are
in addition to this Agreement. Where such additional terms and conditions are required then this
Agreement will be incorporated by reference into the subsequent agreement. The “customer”
designation attaches irrespective of whether or not CTFN requires remuneration for displaying said
content. Where clauses between said agreements conflict, the subsequent agreement into which
this Agreement is incorporated supersedes.
The term “Users” as contained herein, refers to the consuming public that accesses or uses our
Websites via the public Internet. Users have no capacity to directly add content to our Websites.
The “user” designation attaches to any third party that gains access to our Websites via our
publicly available URLs and is a consumer of the information contained therein.

Customer Content

You, as a Customer, retain all ownership rights to content which you are a lawful owner or
licensee of (“Customer Content”) and which you make available on the CTFN Websites via
whatever mechanism that CTFN provides, excluding such items defined as Transmissions (see
below) and subject to any other rights granted to CTFN under this Agreement. However, by
submitting Customer Content to CTFN, you grant CTFN a nonexclusive, worldwide, transferable and
fully paid license to copy, crop, reproduce, reformat, translate, publicly display, excerpt (in
whole or in part) and distribute your Customer Content for any purpose, commercial or
otherwise. In addition, the license you grant includes rights that allow CTFN to create derivative
works, or incorporate your Customer Content into other works, as CTFN sees fit. The license
expires when we remove your Customer Content from our Websites. However, CTFN requires, and
you acknowledge and agree, that CTFN may retain archived copies of such content.

You represent, warrant, and guarantee that you have the full right, ability, and authority to make
available to CTFN’s Websites, by whatever mechanism CTFN provides, your Customer Content. You
further represent, warrant, and guarantee that by making available any Customer Content on
CTFN’s Websites, you are not violating any obligation owed by you to any third party, including
without limitation obligations of confidentiality, privacy, attribution or any intellectual property
rights including, but not limited to, rights related to patent, trademark, copyright, or trade secrets.

Customer Advertising

Customers provide CTFN Customer Content for the purpose of promoting their offerings (i.e. goods
or services) on CTFN’s Websites. In order to advertise on CTFN’s Websites, a Customer must agree to
all of the terms and conditions contained herein and likewise agree to pay CTFN its advertising fee,
either through CTFN’s secure online shopping cart, or by other mechanisms that CTFN makes
available. CTFN allows its customers to select from a variety of advertising options, depending on
their promotional needs and objectives.

Payment is due in U.S. dollars at the time of order placement. CTFN will bill the Customer’s credit
card for all applicable fees when due. If credit card authorizations or charge attempts are
declined, CTFN may immediately disable or cancel the Customer’s advertisement, at its sole
discretion. Likewise, the same applies if any other Customer payment option fails. The
Customer is responsible for any taxes due and will pay CTFN for the selected advertising option
without any reduction for such amounts.

CTFN reserves the right to modify the pricing of its advertising options at any time. However, any
such modifications are only applicable to future advertisements and are never applied
retroactively. A Customer has the option of canceling its advertising at any time. However, CTFN
does not provide refunds once the selected advertising option has been billed. That is,
cancellation has no effect on an amount already billed to the Customer. After cancellation, all
Customer Content may be deleted by CTFN. CTFN accepts no liability for such deletions.

Limited License

All content on our Websites, including designs, text, graphics, pictures, video, information,
applications, software, music, sound and other files, and their selection and arrangement (the
"Information"), are the proprietary property of CTFN, its Customers or its licensors with all rights
reserved. If you are in compliance with this Agreement, then you are granted a limited license to
use and access our Websites and the Information, and to download and print a copy of any
portion of the Information for non-commercial use, provided that you keep all copyright or other
proprietary notices intact.

As pertaining to all the Information, except for Customer Content, you may not make available,
in any form and by any mechanism, said Information on any public or private website or
incorporate the Information in any other database or compilation. Any use of the Information,
other than as set forth herein, is strictly prohibited. This limited license allows you to use the
Information only for lawful uses in accordance with the foregoing and does not allow you to sell
the Information, use the Information for commercial use, or use any type of data mining, robots,
or similar data gathering or extraction methods on our Websites.
Absent prior written consent from CTFN, you may not copy or imitate any elements of our
Websites, including but not limited to, graphics, digital images, logos, sounds, images, and
buttons protected by trade dress and other laws. Absent prior written consent from CTFN, you may
not use framing, metatags, or hidden text techniques in association with the CTFN logo, trademark
or other copyrighted or proprietary information. Unless expressly stated in this Agreement,
nothing herein shall be construed as conferring any license to intellectual property rights, in any
form and by any mechanism. The CTFN limited license is revocable at any time without notice,
with or without cause.

Restricted Rights

CTFN grants you only RESTRICTED RIGHTS regarding use of the Information on our Websites.
Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in
subparagraph (c)(1) (ii) of The Rights in Technical Data and Commercial Computer Software
clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is
Christmas Tree Farm Network, Inc., 202 NE Lake View Ct., Ankeny, IA 50021.

Transmissions

You acknowledge that transmissions by you to and from our Websites (“Transmissions”), are
non-confidential, and that others may read and/or intercept such Transmissions. Transmissions
may take the form of questions, comments, suggestions, ideas, feedback, notes, messages, e-
mails, postings, letters, or other written materials about our Websites provided by you to CTFN. CTFN
has the right, but not the obligation, at its sole discretion, to review any Transmissions using our
Websites and to edit or delete any Transmissions that violate any part of this Agreement. You
hereby consent to CTFN’s collection and use of such Transmissions in accordance with CTFN's then
current Privacy Policy and acknowledge that submitting Transmissions to our Websites creates
no financial or fiduciary relationship between you and CTFN.
By using our Websites, you thereby assign all right, title, and interest, including the copyright
therein, in all Transmissions, to CTFN. Accordingly, CTFN shall own all intellectual property rights in
the Transmissions and shall be entitled to unrestricted use of the Transmissions for any purpose,
commercial or otherwise, without acknowledgment, compensation, or liability to you. By
submitting such Transmissions to our Websites, you irrevocably waive all "moral rights" in such
Transmissions.

Indemnification

You agree to defend, indemnify, and hold CTFN, its parents, subsidiaries, affiliates, officers and
employees, its suppliers and their respective affiliates and agents harmless from all claims,
liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or
relating to your use of our Websites, including but not limited to: (1) your submission to our
Websites of any Transmission; (2) your alleged breach of this Agreement; or (3) your
infringement of any intellectual property or other right of any person or entity.
Limitations of Liability
IN NO EVENT SHALL CTFN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR
INABILITY TO USE OUR WEBSITES; OR FOR THE LOSS OF PROFITS OR DAMAGES
THAT MAY RESULT FROM THEFT, DELAYS, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, FAILURE OF PERFORMANCE,
DESTRUCTION OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN
CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE); OR
OTHERWISE, EVEN IF CTFN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF
IMPLIED WARRANTIES OR EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH CASES, THE ABOVE
LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. TO THAT EXTENT, CTFN'S
TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION
SHALL NOT BE GREATER THAN THE TOTALITY OF PAYMENTS MADE BY YOU TO
CTFN IN EXCHANGE FOR ALLOWING YOU TO DISPLAY CUSTOMER CONTENT ON
OUR WEBSITES OR ALLOWING YOU TO ACCESS AND USE OUR WEBSITES.

DISCLAIMER

YOU ACKNOWLEDGE THAT OUR WEBSITES AND THE INFORMATION THEREIN
ARE PROVIDED ON AN "AS IS" BASIS AND THAT CTFN MAKES NO
REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING
OUR WEBSITES OR THE INFORMATION. CTFN DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY
USING, OR ATTEMPTING TO USE, OUR WEBSITES, YOU EXPRESSLY
ACKNOWLEDGE THE FOLLOWING: (1) THE INFORMATION COULD INCLUDE
TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2) CTFN DOES NOT
REPRESENT OR WARRANT THE TIMELINESS, RELIABILITY, COMPLETENESS, OR
ACCURACY OF THE INFORMATION; AND (3) CTFN DOES NOT REPRESENT OR
WARRANT THAT THIS WEBSITE OR ANY RELATED SERVERS ARE FREE OF
ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING CONTENT.
CTFN MAY PERIODICALLY CHANGE ANY CONTENT/INFORMATION ON OUR
WEBSITES. CTFN RESERVES THE RIGHT TO IMPLEMENT SUCH CHANGES AT ANY
TIME WITHOUT NOTICE TO YOU, OTHER THAN THAT WHICH IS SET FORTH IN
THIS AGREEMENT. UNLESS SPECIFICALLY INDICATED IN WRITING TO THE
CONTRARY, NO REFERENCE ON OUR WEBSITES TO ANY PRODUCTS, SERVICES,
PROCESSES, OR OTHER INFORMATION BY TRADE NAME, TRADEMARK,
MANUFACTURER, SUPPLIER, OR OTHERWISE, SHALL CONSTITUTE OR IMPLY CTFN'S
ENDORSEMENT OR SPONSORSHIP THEREOF.

Links

Our Websites includes hypertext links to other websites over which CTFN has no control. CTFN
makes no representations of any kind regarding the content on such websites or the content on
any website linked to such websites or to any changes or modifications made thereto. You
hereby acknowledge that by using any such hypertext links, you irrevocably waive any and all
claims against CTFN regarding such websites and must adhere to the usage and privacy policies
governing such sites. CTFN’s usage of links does not imply our endorsement, or sponsorship, of
any such websites.

Copyright

CTFN respects the intellectual property rights of others and requires CTFN’s Customers to do
likewise. Therefore, CTFN prohibits its Customers from making available, in whatever form and by
whatever mechanism, content on our Websites that infringes upon any party’s intellectual
property rights. CTFN has the right to terminate the display of any infringing Customer Content and
will take steps to do so immediately upon proper notification and in compliance with applicable
law.

Specifically, CTFN will strictly comply with the requirements of the Digital Millenium Copyright
Act, Title 17, United States Code Section 512(c)(2) (“DMCA”). If you believe your copyright
has been violated by any content on this Website then you may send a written notification of
such infringement to our Designated Agent as set forth below.

Copyright Infringement Notification

CTFN has designated an agent to the U.S. Copyright Office to receive notifications of alleged
copyright infringement relating to our Websites. You must submit all such notifications, in a
manner consistent with the DMCA, to CTFN’s Designated Agent. Likewise, if you believe that
your copyrighted content has been erroneously removed from our Websites, you must send a
counter notification to CTFN’s Designated Agent in a similar DMCA compliant manner.

Send all DMCA compliant notifications to:



Trademark

All trademarks used on our Websites are the property of their respective owners and may not be
used without permission therefrom. Whether or not specifically designated as such, CTFN, Christmas Tree Farm Network, Inc., and all other colors, graphics, logos, sounds, images, icons and buttons displayed on
our Websites are trademarks of CTFN and/or its affiliates or Customers. Absent prior written
consent from CTFN, you may not copy, imitate, or use any portion of these marks.

Data Collection

Your Transmissions are subject to CTFN’s Privacy Policy. By using or accessing our Websites you
agree to review the CTFN Privacy Policy and to be bound by its terms and conditions. From time to
time CTFN may change its Privacy Policy without notice to you, other than that provided for in the
Policy. Your continued use of our Websites, after the posting of any changes to said Policy, shall
constitute your agreement and acceptance of such changes.

CTFN does not knowingly collect personally identifiable information (or information of any other
kind) directly from anyone under the age of 18, with or without parental consent. If you have a
good faith belief that CTFN has inadvertently collected such information, please contact CTFN at
contact
CTFN will take immediate steps to remove such information from our
Websites, databases and any other data stores under CTFN control.

If CTFN proposes to use personally identifiable information (PII) other than as defined in our
Privacy Policy, we will provide you an effective means of opting out of said PII use.

Site Monitoring

You acknowledge that you are solely responsible for all of your activities in relationship to our
Websites, including the contents of all Transmissions and the consequences thereof. You agree
to indemnify, defend, and hold CTFN harmless from any liability arising from your use of our
Websites. While CTFN respects your privacy, your hereby acknowledge that this agreement creates
no reasonable expectation of privacy in any Transmissions. CTFN may, but is under no obligation
to, use blocking and/or filtering software and other monitoring devices to prevent the
dissemination of unsolicited electronic communications (SPAM). You may not use our Websites
in association with such SPAM, any computer viruses, or any other potentially damaging
computer code. CTFN will prosecute violations to the fullest extent allowed by law and reserves the
right to take additional action regarding any such activity or conduct. Such additional action may
include recovery of costs and expenses associated with identifying offenders and preventing their
access to our Websites as well as loss of profits, damages, court costs, and attorney fees
associated with the repair of any damaged property.

Governing Law

This is the entire Agreement between you and CTFN relating to your use of our Websites. The laws
of the State of Iowa, United States of America, shall govern this Agreement, or any subsequent
agreement into which this Agreement is incorporated, and the CTFN Privacy Policy,
notwithstanding any principles of conflicts of law. You agree that any action at law or in equity
arising out of or relating to this Agreement or the CTFN Privacy Policy, or any subsequent
agreement between you and CTFN that incorporates this Agreement, other than those disputes or
claims subject to arbitration as enumerated below, shall be filed only in state or federal court
located in the State of Iowa, in a venue most proximate to Ankeny, IA. You hereby irrevocably
and unconditionally consent and submit to the exclusive jurisdiction of such action.

Arbitration

Any claim or controversy arising among or between the parties hereto pertaining to our
Websites, or any claim or controversy arising out of, or with respect to, any matter contained in
this Agreement, or in any subsequent agreement into which this Agreement is incorporated, or
any differences as to the interpretation or performance of any of the provisions of this Agreement
or subsequent agreement, other than those wherein either party has infringed or threatened to
infringe the other party’s intellectual property rights, shall be settled by arbitration in the State of
Iowa, and such arbitration shall be before three arbitrators of the American Arbitration
Association (the “AAA”) under its then prevailing rules.
Intellectual property rights, as defined herein, include patent, copyright, trademark or trade
secrets. You and CTFN jointly acknowledge that arbitration is not an adequate remedy at law for
actual or threatened infringement of either party’s intellectual property rights or wherein the
claim or controversy arises out of your violation of CTFN’s Customer Content restrictions. If either
of the aforementioned potentialities occurs then it is agreed that injunctive relief or other
appropriate relief may be sought.
In any arbitration involving this Agreement, or in any subsequent agreement into which this
Agreement is incorporated, the arbitrators shall not make any award which will alter, change,
cancel or rescind any provision of this Agreement or subsequent agreement, and their award
shall be consistent with the provisions of this Agreement or subsequent agreement. Any such
arbitration must be commenced no later than three (3) years from the date such claim or
controversy arose, or such claim shall be deemed to have been waived. The award of the
arbitrators shall be final and binding and judgment may be entered thereon in any court of
competent jurisdiction.

Termination

Either you or CTFN may terminate this Agreement at any time. You may terminate this Agreement
by destroying all materials obtained from our Websites. CTFN may terminate this Agreement
immediately, without notice for any reason, or no reason, and reserves the right to block or
prevent your future access to our Websites. Should CTFN decide to terminate this Agreement it will
delete any Customer Content you have submitted to our Websites. Where Customers have
entered into an additional agreement with CTFN, that agreement’s termination clause is controlling.

Severability

If any portion of this Agreement, or any subsequent agreement into which this Agreement is
incorporated, and of the CTFN Privacy Policy is determined by a court of competent jurisdiction to
be unlawful, void, or unenforceable, that portion will be deemed severable and will not affect the
validity and enforceability of any remaining provisions hereof.

Definitions and Constructions

Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other
similar terms are deemed to include the term "without limitation" immediately thereafter.

 

 

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