GOLD CIRCLE FARMS WEBSITE AGREEMENT AND TERMS OF USE Acceptance of Terms: Welcome to the Gold Circle Farms Web Site (the "Site"). The following are the basic terms and conditions that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to this Website Agreement and Terms of Use (this "Agreement"), please exit the Site immediately and do not use the Site. Gold Circle Farms reserves the right to change this Agreement or terminate access to this Site at any time, with or without notice. Your use of our Site after such a change constitutes acceptance of the most current version of this Agreement. Ownership, Copyright, and Trademark Matters: This Site is owned and operated by Gold Circle Farms. Unless stated otherwise, all of the content contained on the Site (including, but not limited to, text, images, descriptions and designs) is the intellectual property of Gold Circle Farms or its subsidiaries (collectively, "Gold Circle Farms") and is intended only for use on our Site. Accordingly, Gold Circle Farms owns the copyright in all information or materials provided here unless stated otherwise. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Gold Circle Farms's copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited. The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered Trademarks of Gold Circle Farms, unless otherwise noted. Nothing in this Site should be construed as granting -- by implication, estoppel, or otherwise -- any license or right to use any Trademarks displayed on the site without the prior express written permission of Gold Circle Farms or the trademark owner. The name "Gold Circle Farms" or Gold Circle Farms' logos may not be used in any way without Gold Circle Farms' prior written consent. You may not use Gold Circle Farms' logos as a "hot" link to any other site unless the establishment of such a link is approved by Gold Circle Farms in advance and in writing. Users of this Site are permitted to download one copy of the information in this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of title or right to use the content in any improper way or for any commercial purpose whatsoever. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another person (except where the Site is designed to perform this function). Content: Any materials submitted by users of our Site, including but not limited to e-mail, product reviews, postcards, discussion submissions, and traditional mail become the sole property of Gold Circle Farms. Users are prohibited from submitting content to this Site that is, or may be, illegal, threatening, obscene, harrassing, defamatory or injurious to third parties. Gold Circle Farms will not tolerate solicitations, spamming, chain letters or software viruses on the Site. In addition, we ask that you not send us creative ideas, inventions, or similar materials. Any materials you do provide or submit to Gold Circle Farms will become the property of Gold Circle Farms, and Gold Circle Farms reserves the right to use any such material submitted as well as the right not to use that material. Content submitted by users of the site might be posted in whole or in part to the Gold Circle Farms site. Gold Circle Farms reserves the right to edit materials presented by users, but Gold Circle Farms does not necessarily monitor or refuse to publish material that may be deemed objectionable or offensive by certain individuals or entities. Product Detail: Description- Products are described as accurately and appropriately as possible in order to ensure that a customer understands the product they are ordering. Color- Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of the control of Gold Circle Farms because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product your sole remedy will be to return the product to Gold Circle Farms. Disclaimer and Limitation of Liability THE PRODUCTS AND INFORMATION YOU FIND ON THIS SITE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that Gold Circle Farms is not liable for your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and Gold Circle Farms reserves the right to remove such materials from this Site without liability. Under no circumstances, including, but not limited to, negligence, shall Gold Circle Farms be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if Gold Circle Farms or a Gold Circle Farms authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Gold Circle Farms' total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Site. Applicable Law; Contract Interpretation Gold Circle Farms' principal place of business is in California, and Gold Circle Farms operates this Site from its offices in California. The laws of the State of California apply to this Agreement, without regard to conflicts of laws principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and Gold Circle Farms relating to the subject of this Site. Indemnity You agree to defend, indemnify, and hold harmless Gold Circle Farms, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of this Site or your breach of the terms of this Agreement. Dispute Resolution Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Santa Ana, California. You expressly waive and are estopped from asserting any right to pursue any claim against Gold Circle Farms relating to this Agreement in any forum or venue located outside of Santa Ana, California, in the event of the filing of any such claim, you stipulate to the transfer of the filing to any appropriate or available forum or court in Santa Ana, California, at Gold Circle Farms' sole discretion. Other Sites The Site may provide links to other sites (i.e. advertisers, affiliate partners, strategic partners or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. Gold Circle Farms does not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review the applicable conditions of use and policies. The inclusion of a link in this Site does not imply Gold Circle Farms' endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk. Personal Information The Site is not an e-commerce site and no personal information is required to access or use the Site. Users of the Site have the option to provide personal information in several areas of the site. A user that provides personal information is implicitly "opting in" or agreeing to be contacted by Gold Circle Farms, its subsidiaries or business partners. No personally identifiable information is collected as part of the general functionality of the Site. Personal information may be required to participate in "community aspects" of the site such as "Ask the Expert" or product comments. This information might then be published to the Site, so only provide information that you are comfortable having published on the Internet.