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  • Terms of Service:

    Neverending Membership

    Neverending membership includes unlimited access to the videos contained on NeverendingHarvest.com (subject to Section 6 below). Membership is a one-time fee. Your access will start as soon as your credit card is successfully charged.
    Neverendingharvest.com by Honey Creek Farms Terms and Conditions of Use This is a contract. Please carefully read the following terms before accessing Neverendingharvest.com® (NEH) and the Neverending Harvest video library® (NEHVL). By accessing the site, which includes NEH and NEHVL, you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site. By using NEH’s service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which NEH may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.

    1. Contact information.

    Address
: PO Box 532, Oakland, IA 51560 Customer service 
email: videos@neverendingharvest.com

    Telephone: 402-819-8304 Website: www.neverendingharvest.com/help

    2. Definitions.

    “Access” or “accessing” means accessing, using, viewing the content or otherwise obtaining information on the site. “Agreement” or “terms” refers to these Terms and Conditions of Use and any subsequent modifications. “Member” refers to any person or entity that purchases or uses a membership to NEHVL. “Website” or “site” refers to the website maintained on the World Wide Web by neverendingharvest.com, available at http://www.neverendingharvest.com, and includes the NEHVL. “You” or “your” refers to the user. If you are accessing the site as an employee or agent of another, “you” or “your” refers to the user and the user’s principal. NEH refers to the site http://www.neverendingharvest.com and the business enterprise responsible for it. NEHVL refers to the Neverending Harvest video library accessed via the site http://www.neverendingharvest.com.

    3. Modification of terms.

    NEH reserves the right to modify these terms at any time. Except as otherwise stated herein, any change to these terms is effective immediately after NEH gives notice to the user. Notice can be given through email, a posting on the site or any other means by which a user may obtain notice. The user agrees to check the site periodically for changes to these terms. Any use of the site after changes have been made shall be deemed acceptance of those changed terms and/or conditions.

    4. Limited license.

    NEH hereby grants each member a limited, non-exclusive, non-sublicensable and non-transferable license to access the content and information available in the NEHVL according to the provisions contained herein and subject to the payment of the applicable membership fee and adherence to these terms. Each member may only allow his/her family members access to NEHVL.Each member agrees that the NEHVL may not be accessed by more than one person at the same time using the same username and password. If the authorized number of users purchased by the member is exceeded at any time, the accounts will be disabled and an investigation into the matter will be launched. Each member shall be authorized to access the NEHVL from any Internet connection. Although the site was tested on the most popular Internet browsers on numerous operating systems and platforms, compatibility of all mobile devices is not guaranteed.

    5. Refund policies.

    Membership fee is non-refundable (subject to warranty outlined in Section 8 below).

    6. Access to the NEHVL; modification of content.

    NEH strives to provide the NEHVL to its members on a continuous basis. To that end, NEH will take all commercially reasonable efforts to provide uninterrupted access to the NEHVL to its members; however, from time to time, members may be unable to access the NEHVL due to conditions beyond NEH’s control. Such conditions include, but are not limited to, force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system and other related reasons. In response to any unavailability of the NEHVL to its members, NEH will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money. NEH endeavors to provide the highest quality content to its members. To that end, NEH reserves the right, in its sole discretion, to change, modify or discontinue any aspect or feature of this site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this site. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the site.

    7. Prohibited conduct.

    User expressly agrees to refrain from doing, either personally or through an agent, any of the following “prohibited conduct”: (A) Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the site that in any way affects the use, enjoyment or service of the site or adversely affects NEH computers, servers or databases. (B) Capture, download, save, upload, print or otherwise retain information and content available on the site other than what is expressly allowed by these terms. (C) Permit or provide others access to the NEH using your username and password or otherwise or the name and password of another authorized user. (D) Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, create derivative works from, assign, license, transfer or adapt any of the software, information, text, graphics, source code or HTML code, or other content available on the site. (E) Remove or modify any copyright, trademark, legal notices or other proprietary notations from the content available on the site. (F) Transfer the site content to another person; “frame,” “mirror,” “in-line link” or employ similar navigational technology to the site content; or “deep link” to the site content. (G) Violate or attempt to violate NEH’s security mechanisms, access any data or server you are not authorized to access, or otherwise breach the security of the site or corrupt the site in any way. (H) Engage in any other conduct that violates the Copyright Act or other laws of the United States. (I) Use any device (such as a “web crawler” or other automatic retrieval mechanism) or other means to harvest information about other users, the site or NEH. (J) Use the site to violate a third party’s intellectual property, personality, publicity or confidentiality rights; upload, download, display, publish, perform, create derivative works from, transmit, or otherwise distribute information or content in violation of a third party’s intellectual property rights. (K) Misrepresent your identity or personal information when accessing the site; forge any TCP/IP packet header or any part of the header information in any email so that the email appears to be generated by NEH. (L) Provide any commercial hosting service with access to the site and/or the content on the site.
    To ensure that users of the site do not engage in prohibited conduct, NEH reserves the right to monitor use of the site and reserves the right to revoke or deny access to the NEHVL to any person or entity whose use of the NEHVL suggests prohibited conduct. Access of the materials available at the NEHVL beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the NEHVL and will result in revocation or denial of access to the NEHVL. The terms “normal patterns” and “abuse” shall be determined solely by NEH. You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation, the U.S. Export Administration Regulations.

    8. Limited warranties.

    NEH warrants that the software that allows users to access the NEHVL (“software”), if operated as directed, will substantially achieve the functionality described on the site. NEH provides no warranty that a member’s hardware, software, telecommunications equipment and/or Internet service is compatible or sufficient to access the site. NEH also warrants that the media containing the software, if provided by NEH, is free from defects in material on the date the user acquired the software. NEH's sole liability for any breach of this warranty shall be, in its sole and absolute discretion: (A) to replace the defective media or software; (B) to advise the user how to achieve substantially the same functionality with the software as described; or (C) if the above remedies are impracticable, to refund the membership fee paid for access to the NEHVL. The user must inform NEH of any problem with the software within five (5) calendar days of discovering the problem or NEH will not be obligated to honor this warranty. NEH will use commercially reasonable efforts to repair, replace or refund the software pursuant to the foregoing warranty within sixty (60) calendar days of being notified. If any modifications are made to the software by the user during the warranty period; if the medium or software is subjected to accident, abuse or improper use; or if the user violates the terms of this agreement, then this warranty shall immediately terminate. This warranty shall not apply if the software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the software was designed to be used as described. Although NEH has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

    9. Disclaimers and limitation of liability.

    User accesses this site at his/her own risk. The site is provided on an “as is, as available” basis without warranty of any kind (beyond the warranties set forth in Section 8), expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. NEH does not warrant any particular result from use of the software or site. NEH does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure. Under no circumstances and under no legal theory (tort, contract or otherwise) shall NEH or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your use of this site is at your sole risk; any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount NEH received from the member for a membership to access the NEHVL and for any loss of data that results from the downloading of any such content, including damages resulting from computer viruses. In no event will NEH be liable for any damages in excess of the amount NEH received from the member for a membership to access the NEHVL, even if NEH shall have been informed of the possibility of such damages or for any claim by any other party. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of NEH, computer virus or other similar item, telecommunications errors, or unauthorized access to or use of user information through theft or any other means. NEH is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site. No dealer, agent or employee of NEH is authorized to make any modifications, extension or additions to these limited warranties or disclaimers. NEH disclaims all warranties and shall have no liability for damages in excess of the amount NEH received from the member arising from or related to any support services for your use of the site. The laws of your jurisdiction may prohibit or modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

    10. Copyrights, trademarks and other proprietary rights.

    NEH or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the site, its color combinations, layout, all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the site is copyrighted, trademarked, or otherwise protected and owned or licensed by NEH. Except as expressly stated on the site or in these terms, nothing that you read or see on the site or in the NEHVL may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of NEH, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of NEH intellectual property except as set forth in Section 4. If you submit any unsolicited intellectual property, idea, copyrightable material, invention, discovery, improvement, trade secret or know-how to NEH, you may forfeit your intellectual property rights and moral rights contained in such communication or material.

    11. Indemnification.

    User agrees to defend, indemnify and otherwise hold harmless NEH and its officers, directors, agents, employees, shareholders, successors and assigns from and against any cause of action or claim, including court costs, expenses and attorney fees, related to or arising from user’s prohibited conduct or other improper or illegal use of the site or breach of these terms.

    12. Security; authorized use.

    Users are prohibited from violating or attempting to violate the security of the site. NEH has the right but not the obligation to investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. NEH may suspend your access while it conducts an investigation. Users are required to enter a username and password to access the NEHVL. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the site. You are responsible for maintaining the secrecy of your username and password. You represent and warrant that you are the person on whose behalf you claim to accept these terms, or, if you are entering into these terms on behalf of a person or entity, you represent and warrant that you have the power and authority to enter into these terms and bind the person or entity. You also represent and warrant that you are an adult who is legally able to enter into these terms. You may not use the account, username or password of someone else at any time. You agree to notify NEH immediately of any unauthorized use or loss of your account, username, password and/or credit card information. You also agree to notify NEH immediately if you are aware of or suspect other unauthorized use of the site and/or the site content. NEH will not be liable for any loss that you incur as a result of someone else using your username and password with or without your knowledge. You may be held liable for any losses incurred by NEH, its affiliates, officers, directors, employees, consultants, agents or representatives due to someone else’s use of your account, username or password. NEH will never ask you for your password. If you need a new username and/or password, NEH will generate a new username and password automatically through its computers and send it to your email or postal address.

    13. Termination of agreement.

    In addition to NEH’S other rights, it may terminate this agreement at any time and at its sole and absolute discretion. NEH may also terminate access to the NEHVL or cancel memberships to the NEHVL without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement or engaged in conduct that NEH deems inappropriate. In the event of termination of this agreement, the provisions in this section and the provisions found in sections 2, 5, 6, 8, 9, 10, 11, 12, 13, 14 and 15 shall survive in perpetuity.

    14. Privacy policy.

    NEH values your trust. In order to honor that trust, all NEH employees are required to adhere to ethical standards in gathering, using and safeguarding any information you provide. For more information, review the NEH Privacy Policy, the terms of which are incorporated into this agreement as if set forth in full.

    15. Miscellaneous.

    These terms constitute the entire agreement between NEH and the user regarding the subject matter hereof. Any previous agreement, whether oral or written, between NEH and the user dealing with the subject matter hereof is superseded. These terms may only be modified or amended in writing. If any portion of these terms is determined to be unenforceable for any reason, such portion will be deemed severed, and the remaining terms and conditions shall continue in full force and effect. Upon user’s breach or threatened breach of these terms, NEH may pursue any legal or equitable remedy available, including, but not limited to, direct, consequential and punitive damages and injunctive relief. NEH remedies are cumulative and not exclusive. Failure of NEH to exercise any remedy or enforce any portion of this agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. By accessing the site, user signs for and accepts this shortening of the statutes of limitations. NEH makes no representation that the content of the site is appropriate or available for use in all locations. NEH operates this site from the United States and makes no representation that the site complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this site. You may not assign your rights or delegate your duties under these terms. The parties agree that no third party is an intended beneficiary of these terms. NEH cannot provide notifications via post, only email.
    2014 FBI Warning
    EFFECTIVE DATE: Aug. 1, 2015