Terms and Conditions
Welcome to the Dulcinea.com web site. These Terms and Conditions govern your use of the Dulcinea.com site and all sub-pages (collectively, the “Web site”). This Web site has been designed to provide general information about Dulcinea Farms, LLC, and its Dulcinea Farms™-brand products and services. You may use this Web site, provided you comply with these Terms and Conditions. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT CLICK ON THE “I AGREE” BUTTON AND PLEASE DO NOT USE THE WEB SITE. PLEASE PRINT OUT A COPY OF THESE TERMS AND CONDITIONS NOW AND KEEP AN ARCHIVAL COPY FOR YOUR RECORDS.
Your Acceptance of These Terms and Conditions
Please take a few minutes to carefully review these Terms and Conditions. By accessing and using this Web site you agree to follow and be bound by these Terms and Conditions. If you do not agree to follow and be bound by these Terms and Conditions, you may not access, use or download materials from this Web site, and please exit the Web site now.
These Terms and Conditions May Change
Dulcinea Farms reserves the right to update or modify these Terms and Conditions at any time. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we will cause you to encounter another “I Agree” button when we change these Terms and Conditions, and you must again click on “I Agree” to use the Web site.
Copyright Notice and Limited License
Everything you see and hear on this Web site and its sub-pages (the “Content”), including, for example, all of the text, photographs, illustrations, graphics, audio clips, video clips, and audio-video clips, is protected under United States law and applicable international copyright laws and treaty provisions. The copyrights in the Content are owned by Dulcinea Farms or by one of its affiliates, or by third parties who have licensed their materials to Dulcinea Farms. The entire Content of this site is protected as a collective work under United States law and applicable international copyright laws and treaties, and Dulcinea Farms owns the copyright in both certain of the Content itself and in the selection, coordination, arrangement and enhancement of the Content.
You are granted a nonexclusive, revocable, limited, nonsublicensable license under copyright to download, store one archival copy of, print, and copy selected portions of the Content of this site, provided you:
- only use the Content you download for your personal, noncommercial use ;
- you do not publish or post any part of the Content on any other Internet site;
- you do not publish or broadcast any part of the Content in or on any other media;
- you do not modify or alter the Content in any way or delete or modify any copyright or trademark notices or notices of confidentiality.
Except as expressly stated above, you may not copy, download, print, publish, display, perform, distribute, transmit, transfer, translate, modify, add to, update, compile, abridge or in any other way transform or adapt all or any part of the Content of this site without first obtaining written permission from Dulcinea Farms.
Except as expressly stated above, no right, title or interest in the downloaded Content is transferred to you when you download Content from this site. Except for the limited, non-exclusive license expressly granted above, nothing contained in these Terms and Conditions or on this Web site shall be construed as conferring a license, be it by implication, estoppel or otherwise, or any other right under any copyright, trademark, patent, or other intellectual property right of Dulcinea Farms, its affiliates, or any third party.
All of the trademarks, service marks and logos displayed on this Web site (the “Trademark(s)”) are registered or common law trademarks of Dulcinea Farms, one of its affiliates, or third parties who have licensed their Trademarks to Dulcinea Farms or one of its affiliates.
Except as expressly stated in these Terms and Conditions, you may not reproduce, display or otherwise use any Trademark without first obtaining Dulcinea Farms’ written permission.
Dulcinea Farms welcomes your comments and feedback regarding this Web site. All information and materials submitted to Dulcinea Farms through this Web site, such as any information, comments, feedback, ideas, questions, designs, data or the like (collectively, the “Materials”), will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, do not send us any Materials that you do not wish to assign to us, including, without limitation, any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
By submitting Materials to Dulcinea Farms through this Web site and in consideration of Dulcinea Farms’ providing the Web site to you as a means of your communicating with Dulcinea Farms, you assign to Dulcinea Farms, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the Materials you submit. Dulcinea Farms will be entitled to use any Materials you submit through this Web site, and any ideas, concepts, know-how or techniques contained in any such Materials, for any purpose whatsoever, included but not limited to developing, manufacturing and marketing products using such Materials without restriction and without compensating you in any way.
You are responsible for the Materials you submit through this Web site, including, without limitation, their truthfulness and accuracy. You shall indemnify, defend and hold Dulcinea Farms, and their affiliates, officers, directors, employees, and attorneys (the “Indemnified Parties”) harmless from and against any claim or allegation that any use by the Indemnified Parties of any Materials violates the intellectual property or other rights of any third party(ies).
Some of the information, articles and other materials available through this site are provided to Dulcinea Farms by third-parties, including third-party news and stock quotation services. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. Dulcinea Farms does not endorse these materials or the vendors who supply them to us, nor does Dulcinea Farms warrant or represent that these materials are current, accurate, complete or reliable. Dulcinea Farms accepts no responsibility for any use to which third party information is put.
Links to Other Web sites
This site contains hyperlinks to web sites that are not operated by Dulcinea Farms. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party web sites or any association with their operators. Dulcinea Farms does not control these web sites and is not responsible for their contents. You access and use these web sites solely at your own risk.
Moreover, if you link to the Web site from another site and that site, the “referring page,” contains content that is, in Dulcinea Farms’ sole discretion, objectionable in any way, you agree to remove that link from the referring page on Dulcinea Farms’ request.
Any information contained or referenced in this Web site is suitable only and is not to be construed other than as an introduction to Dulcinea Farms and its products and services. For specific advice and instructions related to our products and services, please contact Dulcinea Farms directly. Persons intending to use a crop protection or seed product must read and follow the label accompanying that product and comply with all applicable laws and regulations relating to the use of that product. Before using any crop protection product, be sure that it is registered for use in your country.
Because different countries around the world have different laws and regulatory requirements, some products are available in some countries and not in others. This site contains references or cross references to Dulcinea Farms products, programs and services that may not be available or announced in your country. These references do not imply that Dulcinea Farms intends to announce such products, programs or services in your country. Consult your local Dulcinea Farms sales representative or contact Dulcinea Farms if you have questions about which products, programs and services may be available to you.
Right to Alter Web site
DULCINEA FARMS RESERVES THE RIGHT TO ALTER THE CONTENT AND FUNCTIONALITY OF THIS WEB SITE IN ANY WAY, OR TO LIMIT ACCESS TO THIS WEB SITE, OR TO SHUT DOWN THIS WEB SITE, AT ANY TIME, FOR ANY REASON, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
Not An Offer or Invitation to Invest
The information on this Web site does not constitute and shall not be deemed as an offer or invitation to invest or otherwise deal in shares or other securities of Dulcinea Farms. Nor is any such offer or invitation being made or solicited. Share prices, and income from those shares, may go up or down at any time, and potential investors should be aware that past performance is not necessarily an indication of future performance. Potential investors should seek independent financial advise prior to any investment decision.
Our Web site may contain forward-looking statements – i.e., statements not of historical fact, including statements about our beliefs and expectations. These statements are based on current plans, estimates and projections, and therefore readers should not place undue reliance on them. These statements involve inherent risks and uncertainties, many of which are outside of Dulcinea Farms control. In our filings with the U.S. Securities and Exchange Commission, we have identified certain factors that may cause actual results to differ materially from those contained in these forward-looking statements. Forward-looking statements speak only as of the date they are made, and we undertake no obligation to update any of them in light of new information or future events.
DISCLAIMER OF WARRANTIES
THIS WEB SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, DULCINEA FARMS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, DULCINEA FARMS DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. DULCINEA FARMS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. ALTHOUGH DULCINEA FARMS HAS MADE AND WILL CONTINUE TO MAKE GREAT EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION, INFORMATION PUBLISHED ON THIS WEB SITE MAY BE INCOMPLETE OR OUTDATED AND MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. DULCINEA FARMS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING THIS WEB SITE OR ANY INFORMATION PUBLISHED ON THIS WEB SITE.
LIMITATION OF LIABILITY
YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL DULCINEA FARMS, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OF, USE OF OR INABILITY TO USE THIS WEB SITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEB SITE. WITHOUT LIMITING THE FOREGOING, DULCINEA FARMS SHALL NOT BE LIABLE IN ANY WAY FOR POSSIBLE ERRORS OR OMISSIONS IN THE CONTENTS OF THIS SITE; THIS APPLIES IN PARTICULAR TO ANY REFERENCES TO PRODUCTS AND SERVICES SUPPLIED BY DULCINEA FARMS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF DULCINEA FARMS OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SOME COUNTRIES OR SOME POLITICAL SUBDIVISIONS OF CERTAIN COUNTRIES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DULCINEA FARMS AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) US DOLLARS.
This Agreement constitutes the entire agreement between you and Dulcinea Farms with respect to your access to and/or use of this Web site.
The Terms and Conditions set forth above are effective as of the date and time in your location when you click on the “I Agree” button.
Digital Millennium Copyright Act Provisions
Dulcinea Farms’ designated agent for receipt of notices under the Digital Millennium Copyright Act (“DMCA”) is Michael Malloy at e-mail address firstname.lastname@example.org and fax number 949-429-1201.
Please also check the Copyright Office website at http://www.copyright.gov/onlinesp/list/d_agents.html for a listing of the current Dulcinea Farms’ DMCA designated agent. Dulcinea Farms will suspend access to the Web site for, and suspend access to any Content submitted from, any user that repeatedly infringes third party copyrights or other third party intellectual property or other rights.
Venue and Choice of Law
By clicking on the “I Agree” button, you consent to the jurisdiction of and exclusive venue within the state or federal courts located within the state of Idaho for any disputes arising out of or related to your use of the Web site or to these Terms and Conditions. The laws of the state of Idaho, USA, without regard to its conflicts of laws provisions shall govern the interpretation and construction of these Terms and Conditions and shall be the governing law for any dispute arising out of or related thereto.
When you click on “I Agree,” you are agreeing to receive e-mail communications from Dulcinea Farms, to the extent you provide us with your e-mail address. If you do not wish to receive e-mail communications from us, please click here to opt out: (link coming soon)