General
Welcome to New Harvest Organics' website. In the interest of continuing
to build trust with our customers we want you to understand that through
use of our website you are deemed to agree to the terms set forth below
as of the date of such use. If you do not want to be subject to these
terms please do not use our website. New Harvest Organics may
periodically change these terms and you should review them often. These
Terms of Use were last updated on July 10, 2006.WE WILL MAKE A
REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT NEW
HARVEST ORGANICS ON THIS WEBSITE; HOWEVER, YOU SHOULD NOT ASSUME THAT
THE INFORMATION PROVIDED HERE IS ALWAYS UP TO DATE OR THAT THIS WEBSITE
CONTAINS ALL RELEVANT INFORMATION. IF YOU ARE MAKING AN INVESTMENT OR
OTHER IMPORTANT DECISION, PLEASE CONSULT OTHER APPROPRIATE SOURCES,
INCLUDING NEW HARVEST ORGANICS'S SECURITIES AND EXCHANGE COMMISSION
FILINGS.
Information Exchange
As part of your use of this website, we may obtain certain information
about you which we will hold in confidence according to these Terms of
Use and our Privacy Policy; please click here to read our Privacy Policy
describing how we will and will not use information. By using
information you submit when you visit this website, New Harvest Organics
may send you emails or other communications on various topics such as
news related to organic standards, information on specific products and
information about our Company.
Provided that New Harvest Organics will not use your information in a
way that identifies you personally (unless required by law), please
understand that information submitted to or gathered by New Harvest
Organics via this website, may be treated as non-confidential. You agree
that all such information may be used by New Harvest Organics for any
purpose without compensation to you.
With regard to the content of any submissions you make to New Harvest
Organics through this website, you agree to remain solely responsible,
and agree not to submit materials that are unlawful, defamatory, abusive
or obscene. You also agree that you will not submit anything to this
website that will violate any right of a third party, including
copyright, trademark, privacy or other personal or proprietary rights.
Copyright and Trademark
New Harvest Organics grants you a non-exclusive, non-transferable,
limited license to view this website, and to download and/or print
insignificant portions of materials retrieved from this website
provided: (1) it is used only for informational, non-commercial
purposes; and (2) you do not remove or obscure the copyright notice or
other notices. Except for this grant, no part of this website may be
reproduced, republished, copied, transmitted, or distributed in any form
without our written consent. Please understand that the above grant does
not include any linked website.
Unless otherwise noted on this website, all right, title and interest
(including all copyrights, trademarks and other intellectual property
rights) in this website belongs to New Harvest Organics, one of its
affiliates, or to another party that has licensed their material to New
Harvest Organics. The names, images, pictures, logos and icons
identifying New Harvest Organics' products and services are proprietary
marks of New Harvest Organics and/or its subsidiaries or affiliates.
Except as expressly provided above, nothing on this website shall be
construed as conferring any license or right under copyright, trademark
or other intellectual property rights.
Through use of this website, you agree to indemnify and hold New
Harvest Organics harmless for any and all unauthorized uses you may make
of any material on this website. You acknowledge the unauthorized use of
this website's contents could cause irreparable harm to New Harvest
Organics and in the event of your unauthorized use, New Harvest Organics
will be entitled to an injunction in addition to its other rights.
Health Information
All materials related to health information are provided for educational
purposes only. Furthermore, some of this content comes from third
parties and unless specifically stated, New Harvest Organics does not
vouch for the correctness of such information. You should always consult
a physician regarding the applicability of any opinions or
recommendations with respect to any symptoms or medical condition.
Links
For your convenience, New Harvest Organics provides links to third party
websites and we want you to understand that New Harvest Organics does
not assume any responsibility for the: (1) content of, (2) technology
implemented by, or (3) privacy practices of these third party websites.
You should review the privacy policy and terms of use for each of these
websites to make sure they are acceptable to you. The link to a third
party website provided on this website does not imply endorsement of or
responsibility for such linked website by New Harvest Organics and we
are not responsible for any information you submit to them.
Cautionary Statement Pursuant to the Private Securities Litigation
Reform Act of 1995
Statements of New Harvest Organics’ expectations for new stores,
capital spending, sales growth, earnings performance and similar
financial and operating measures found in the press releases,
interviews, presentations, reports, and other materials found on this
site constitute "forward-looking statements" as defined in the Private
Securities Litigation Reform Act of 1995. Such statements are based on
the currently available operating, financial and competitive information
as of the date of such statements and are subject to various risks and
uncertainties that could cause actual results to differ materially from
New Harvest Organics’ historical experience and its stated expectations.
These risks and uncertainties include, but are not limited to, general
business conditions, the timely development and opening of new stores,
the impact of competition, fluctuations in and the overall condition of
the U.S. economy, stability of costs and availability of products, New
Harvest Organics' ability to attract, train and retain highly-qualified
team members, unanticipated weather conditions, the impact of
competition and regulatory and litigation matters, and other factors
which are often beyond the control of New Harvest Organics. Undue
reliance should not be placed on such forward-looking statements, as
such statements speak only as of the date on which they are made.
Additional information regarding these and other risks is contained in
New Harvest Organics’s periodic filings with the Securities and Exchange
Commission.
DISCLAIMER AND LIMIT OF LIABILITY
THIS WEBSITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND NEW
HARVEST ORGANICS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
(INCLUDING ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) TO YOU CONNECTED
WITH USE OF THIS WEBSITE, INCLUDING ITS CONTENT AND REGARDLESS OF ANY
NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means New Harvest
Organics, Inc., its subsidiaries and affiliates, and any officer,
director, employee, subcontractor, agent, successor, or assign of any of
them.
New Harvest Organics does not guarantee that the functions contained
on this website will be uninterrupted or error-free, that this website
or its server will be free of viruses or other harmful components, or
that defects will be corrected even if New Harvest Organics is aware of
them.
Please understand that New Harvest Organics disclaims all
responsibility for any loss, injury, claim, liability, or damage of any
kind resulting from, arising out of, or in any way related to: (1) any
errors in or omissions from this website, including but not limited to
technical inaccuracies and typographical errors; (2) any third party
websites or content therein directly or indirectly accessed through
links in this website; (3) the unavailability of this website or any
portion of this website; (4) your use of this website; or (5) your use
of any equipment or software in connection with this website.
Children
Parent should always supervise their children while online. New Harvest
Organics's website is not designed nor intended to collect personal
information from children under the age of thirteen. So that we may
comply with the Children's Online Privacy Protection Act, we ask that
children under the age of thirteen not provide any personal information
on this website.
Jurisdictional
Use of this website shall be governed by and construed in accordance
with the laws of the State of Arizona, United States of America, as they
apply to agreements made and solely performed in Arizona. Disputes
arising based on this website or in any way related to this website
shall be exclusively subject to the jurisdiction of the Federal Courts
of the United States of America and/or the State Courts of Arizona, and
jurisdiction therefore shall be solely in Texas.
New Harvest Organics makes no representation that materials in this
website are appropriate or available for use in other locations. If you
access this website from outside the United States, please understand
that this website may contain references and/or links to products and
services that are not available or are prohibited in your country.
ENTIRE AGREEMENT
These Terms of Use incorporate by reference any notices contained on
this website and constitute the entire agreement with respect to your
access to and use of this website. If any provision of these Terms of
Use is unlawful, void or unenforceable, then that provision shall be
deemed severable from these Terms of Use and shall not affect the
validity and enforceability of the remaining terms.
Privacy & Security
For an explanation of New Harvest Organics' practices and policies
related to the collection, use and storage of online information
supplied directly or indirectly by you as a result of your use of New
Harvest Organics' website, please read our Privacy Policy. By accessing
this website, you are consenting to our information collection and use
practices described in these Terms of Use and our Privacy Policy.
|