Welcome to the Behling Orchards online website. Behling Orchards and its affiliates provide their services to you subject to the following conditions. If you visit or shop at any Behling Orchards website including but not limited to, http://behlingorchards.com or any affiliated website, you accept these conditions. Please read them carefully.
PRIVACY
Please review our Privacy Statement, which also governs your visit to Behling Orchards, to understand our policies and practices.
ELECTRONIC COMMUNICATIONS
When you visit the Behling Orchards website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Behling Orchards or its content suppliers and protected by United States and international copyright laws unless otherwise noted. The compilation of all content on this site is the exclusive property of the Behling Orchards and protected by U.S. and international copyright laws. All software used on this site is the property of Behling Orchards or its software providers and protected by United States and international copyright laws.
TRADEMARKS
Behling Orchards trademarks may not be used in connection with any product or service that is not Behling Orchards, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Behling Orchards. All other trademarks not owned by Behling Orchards or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Behling Orchards or its subsidiaries.
LICENSE AND SITE ACCESS
Behling Orchards grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Behling Orchards. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Behling Orchards. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Behling Orchards and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Behling Orchards name or trademarks without the express written consent of Behling Orchards. Any unauthorized use terminates the permission or license granted by Behling Orchards. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Behling Orchards so long as the link does not portray Behling Orchards, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Behling Orchards logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Behling Orchards does sell products to children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Behling Orchards only with involvement of a parent or guardian. Behling Orchards and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Behling Orchards are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Behling Orchards and its affiliates attempt to be as accurate as possible. However, Behling Orchards does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Behling Orchards itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY Behling Orchards ON AN “AS IS” AND “AS AVAILABLE” BASIS. Behling Orchards MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Behling Orchards DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Behling Orchards DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Behling Orchards ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Behling Orchards WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting the Behling Orchards website, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Behling Orchards or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to Behling Orchards or to products you purchase through Behling Orchards shall be submitted to confidential arbitration in Mexico, New York, except that, to the extent you have in any manner violated or threatened to violate Behling Orchards’ intellectual property rights, Behling Orchards may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Behling Orchards. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.