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Sales Terms & Conditions

By placing a reservation or purchasing from us, you agree to the following:


ALL SALES FINAL

No refunds or returns of any kind will be accepted. We stand by our offerings and want buyers to be happy, but as soon as animals or products leave our hands, whatever happens to them is out of our control. There are too many risks involved with accepting returns that might have been mistreated, infected, or tampered with once off our property.

Produce & Consumables

All products are ungraded & uninspected, and we are not liable for damages or held responsible for their safety. We do not assume liability for adverse reactions to foods consumed, or items one may come into contact with while visiting our farm.


Our store offers products that contain honey, fruits, vegetables, tree nuts, milk, eggs, and wheat. While we take steps to minimize the risk of cross-contamination, we cannot guarantee that any of our products are safe to consume for people with honey, fruit, vegetable, tree nut, milk, egg, wheat, or any other allergies or sensitivities.


Our store offers canned goods that have been processed according to USDA food safety guidelines, but we cannot guarantee that contamination has not occurred. Consume at your own risk.

Poultry

First and foremost, ALL SALES FINAL - no refunds or returns of any kind will be accepted. We stand by our offerings and want buyers to be happy, but as soon as animals or products leave our hands, whatever happens to them is out of our control. There are too many risks involved with accepting returns that might have been mistreated, infected, or tampered with once off our property.


Common question: why do hatching eggs cost more than ones for eating? We test fertility weekly and sometimes even daily, which involves opening and destroying multiple eggs to check for rings. We also take the time to turn them daily to prevent the embryos from sticking to the sides, and always provide the freshest ones available for hatching. For table eggs, we do the opposite - we sell them from oldest to newest and don't pay attention to fertility or which breed laid which egg.


We are cleared to send to almost every US state. Please check this link to see if there are special regulations in your state. We would provide a VS Form 9-3 and are AI Clean.


We ship hatching eggs Monday-Tuesday after payment is received. If we see that the weather is too hot/cold or if we notice issues with hens or their fertility, we might delay shipment in order to help you get the best possible hatch rate.


Please note that we cannot guarantee hatchability - shipped eggs have a 0%-100% hatch rate, based on how they're handled in transit. Even eggs driven a few minutes in our/your car might end up being jostled too much. If transported eggs don't hatch, it does NOT mean they're not fertile or are old - it just means that they were overly stressed during travel. Transporting eggs is a gamble, which is part of why they're so much cheaper than live birds.


Depending on packaging availability and size/amount of eggs, we either use foam shippers or individually wrap each egg in bubble wrap surrounded by wood shavings. If you have a preference of shipping method, please let us know and we will do our best to accommodate.


Shipping charges are dependent on USPS prices and the cost of supplies. Right now, it looks like it will be around $25-35 for packaging & a Priority box, which comfortably fits 1-2 dozen chicken eggs. Priority Express would be about $75-100. We do not bother with fragile stickers or other labels because USPS just ignores them or purposely treats them worse.

First and foremost, ALL SALES FINAL - no refunds or returns of any kind will be accepted. We stand by our offerings and want buyers to be happy, but as soon as animals or products leave our hands, whatever happens to them is out of our control. There are too many risks involved with accepting returns that might have been mistreated, infected, or tampered with once off our property.


Due to the amount of cancellations after people have asked us to hatch or hold birds for them, a non-refundable deposit is required to reserve or hold any bird. Deposits are non-refundable for any reason UNLESS enough of your chosen breed(s) have failed to hatch, or your chosen bird(s) have passed away here in our care, or we notice something wrong with the bird(s). If that is the case, we will offer to either refund the missing count, substitute with a different bird of the same value, or hold your deposit for the next hatch. Each hatch takes 21-35 days, depending on species.


We are cleared to send to almost every US state. Please check this link to see if there are special regulations in your state. We would provide a VS Form 9-3 and are AI Clean.


We tried shipping live birds through USPS again in 2024, but it did not go well - they couldn't even deliver one state over via Priority within 4 days. We had to pay Express to get 3 Day delivery from WI to MI, and most customers are not willing to pay that much. So from now on, we're going back to local meetups or livestock transport arranged by the customer.


Buyer is responsible for arranging transportation of all live animals. A $1 per day boarding fee will apply if a purchased animal is not picked up at the arranged-upon time. We are willing to meet within a half hour of Mishicot, Wisconsin, for free. We'd be happy to make further deliveries with a delivery charge of $1 per mile for the round trip. That is about the price of gas for our truck. We've also worked with a few livestock transporters. Click here for our favorites. They are not cheap, but take excellent care of the critters in their care.

We personally do not vaccinate our birds, but we do offer the optional Marek's vaccine to buyers of chicks. We do not administer it by default and our parent stock are not vaccinated. It costs an additional $75 per hatch (the vial is around $35, shipping to us is around $35, and injection supplies are around $5). If we receive multiple orders for vaccinated chicks, we try to group those hatches together and spread the cost between buyers, meaning that we would be able to partially refund the vaccine cost.


Our sponsors and advisors with decades of experience VERY strongly encourage the Marek's vaccine because the disease is absolutely devastating and basically unavoidable, especially if birds regularly travel to shows or if owners attend sale barns or swap meets.


There are a couple downsides to the Marek's vaccine which have caused us to decline using it in our flocks. One is that the specific vaccine we have access to has been around since the 70s and is only about 60% effective against some strains of the disease. The second issue is the way ALL current Marek's vaccines work - they are all "leaky," which means that they do not prevent a chicken from being infected with the disease; they only keep tumor formation and other symptoms from popping up. So if Marek's does invade a person's vaccinated flock, they might never know about it and become super spreaders, because the vaccine only prevents symptoms, not the actual disease itself. That's the main reason we don't use it - we want to make sure our birds don't have any hidden illnesses that could be passed on to our customers.


We do have access to a few other vaccines and are willing to administer them upon request. Buyer would need to pay the full nonrefundable balance up front.

Since even day-old chicks of autosexing breeds can be guessed wrong 10-20% of the time and we definitely aren't brave enough to vent sex because it kills about 10% of babies even when performed by trained experts, we cannot guarantee gender accuracy and are unable to refund, replace, or take back the animal if we're wrong. Some (we’re looking at you, Ameraucanas) might take a few months to confirm, and one (Tufted Romans) we still can't figure out without DNA sexing or watching an egg actually leave their body. 


If you end up with an unwanted male and don't want to process him yourselves, we recommend contacting any Amish, Hispanic, or Asian communities that might be near you, or even possibly large reptile or raptor owners or rescues. There are a lot of rooster rescues out there who will let them live out their days, as well.

Due to the nature of our offerings, we cannot guarantee health or viability of any animals once they leave our property, and all sales are final. We are part of the National Poultry Improvement Plan and annually test for Pullorum-Typhoid and Avian Influenza. In order to maintain our NPIP status and for the biosecurity of our flocks, we do not allow visits to our poultry areas or allow purchasers to select birds from our brooders, but we will gladly take photos/videos upon request. We maintain mostly closed flocks, with the exception of occasional new birds brought in from other NPIP farms to minimize inbreeding. These are strictly quarantined for 1-2 months after purchase.


We do not have access to an avian vet who can draw blood for us, so we do not regularly test for other diseases unless a bird has died of unexplained causes. If we suspect an illness, we send samples to the University of Wisconsin's accredited lab for testing. We last submitted a bird October 2022. She came back clear of AI and the necropsy showed egg yolk peritonitis from e-coli and a small amount of coccidia. In March 2022, another bird was submitted and cleared of AI and Mycoplasma. She had bronchitis due to staph. We would be happy to provide copies of the reports.

All of our animals are from the very best lines we could find, with many exhibition winners in their gene pool, and we do our best to adhere to the Standard of Perfection laid out by the American Poultry Association and/or specific breed clubs. This does NOT guarantee that our animals or any of their offspring will be show quality or win awards. About 1 in 100 birds that hatch for even elite Master Breeders would be considered exhibition quality. That's just how the lottery of genetics works. In order to be fully transparent, we have listed flaws that we've noticed and are working towards correcting in the pages for each breed we raise.

We cannot guarantee that your birds will lay a certain color. There is a spectrum of approved colors for each breed, and each bird lays a slightly different egg. Color, shape, and size vary through each season and even from day to day.

Livestock

First and foremost, ALL SALES FINAL - no refunds or returns of any kind will be accepted. We stand by our offerings and want buyers to be happy, but as soon as animals or products leave our hands, whatever happens to them is out of our control. There are too many risks involved with accepting returns that might have been mistreated, infected, or tampered with once off our property.


Priority is given to Performance herds. In addition, for each intact 2024 kid, we are offering to pay the original buyer $50 for the first awarded milk star, linear appraisal, and/or sanctioned show award that the goat receives in the original buyer’s care, for a possible total of $150 per Oberhasli or $100 per Mini Nubian (Mini Nubians unfortunately aren’t eligible for Linear Appraisal).


We reserve the right to sell animals to what we feel are the best homes based on management and care. Deposits will be refunded if we choose to cancel a sale.


We reserve the right to collect up to 30 straws from any intact buck that we sell, at any time during his life, for the cost of collection.


On or before the day of pick up, we request cash, Venmo, or Zelle for the balance due. Balances due must be paid in full before the animal leaves the farm. No personal checks will be accepted. If absolutely necessary, we will accept certified or cashier's checks.

We offer two lists: a paid reservation list which gives buyers first choice (after us), and then a free interest waitlist that we send notices to as animals become available before we share them with the public.


Being added to our paid reservation list or free waitlist gives you options AFTER we have retained any kids. We reserve the right to retain any kid bred by our farm at any time, at our discretion.


Please contact us if you would like to be added to one of our lists.


If you would like to reserve an animal, we require a non-refundable $100 deposit. Must be 18 years or older to place a deposit. When making a deposit, please tell us what you are hoping for - gender, a specific breeding, etc.


Deposits are non-refundable for any reason UNLESS we are unable to meet the specifications listed when a deposit is made. If we are unable to meet the specs, at your request, we can either refund your deposit, apply it to a different animal, or hold it for the next year. If an animal meeting your specs is available and you decide that you do not want that one for any reason, your deposit is forfeited.


PayPal Friends & Family, Venmo, and Zelle are our preferred method of payment for deposits, but we also accept cash, as well as certified or cashier's checks. Sorry, no personal checks.


We reserve the right to sell animals to what we feel are the best homes based on management and care. Deposits will be refunded if we choose to cancel a sale.

Buyer is responsible for pick-up/transportation. If any vet exams or certificates are required to cross state lines, buyer will pay for those before they take place.


If goat kids are not picked up before 10 weeks of age, a $3/day boarding fee will apply. If an animal is not picked up by the arranged date, buyer will forfeit their deposit and the animal will be the sole property of JK Herd It All to retain or sell, unless other arrangements are made. View recommended transport options here.


On or before the day of pick up, we request cash, Venmo, or Zelle for the balance due. Balances due must be paid in full before the animal leaves the farm. No personal checks will be accepted. If absolutely necessary, we will accept certified or cashier's checks.


Please remember that as soon as an animal or product leave our hands, whatever happens to them is out of our control and we cannot be held liable for them. There are too many risks involved with accepting returns that might have been mistreated, infected, or tampered with once off our property.

All of our goats have originated from clean-tested herds and have themselves tested CAE-free, but because we brought in a few new herd members recently, all kids will be bottle fed and kept on a separate pasture for the next few years. This helps to prevent the spread of undiagnosed disease.


If you would prefer a dam-raised kid, we would be happy to recommend some of our friends!


If kept on a bottle, most kids are ready to head to their new home by 4-5 weeks. If not picked up by 10 weeks, a $3/day boarding fee will apply.


All kids will be disbudded unless buyer pays full price within 5 days of birth - there is a very short window to safely disbud, and horned dairy goats are unfortunately difficult to find homes for.


Please note that disbudding can result in scurs, especially in bucks. We have it done by a vet with decades of goat experience, but it still happens sometimes. Many our goats brought in from top herds around the country have ended up with scurs, too. It's just a thing to live with.


Wethers and Pet Only goats will be sold without registry papers.

We are dedicated to maintaining our herds and land as naturally as possible, but have come to terms with the fact that Wisconsin is not a natural environment for goats, and they sometimes need help thriving here.


After struggling with both Clostridium and Pneumonia in 2023 and then Pneumonia again in 2024, we have decided to vaccinate our goats for both. We feel that an annual shot and squirt up the nose are a lot less detrimental than both of these very common infections and weeks of painful, often ineffective treatments.


We realize that this is a very personal choice, so we only vaccinate our keepers and not goats that we've listed for sale, unless requested. Kids will inherit some immunity from their dams and will be able to be vaccinated upon arrival at your farm. If you would like us to vaccinate a kid, we would be more than happy to do it for you, but only upon request.

Buyer has the option at the time of pick up to refuse the animal if they feel that the animal is not healthy. We cannot warrant the health status of an animal after it leaves our property. All sales are final. Taking an animal off our property implies that you have read and agreed to the sales agreement and are satisfied with the condition of the animal.


Stress can be rough on them and they can go downhill quickly. Something like shipping fever can infect and kill a kid within a few hours. Therefore, unfortunately, we can offer no warranties or guarantees on the health & viability of an animal. However, we do make one exception: if an animal sold for breeding stock (not wethered and not pet only) is found by a licensed veterinarian to have a genetic condition preventing use in breeding, we will refund or replace that animal. Cosmetic conditions that might negatively affect the quality of the animals or their offspring do not apply; only conditions that prevent successful mating and raising of kids; such as hermaphroditism, freemartinism, or extra teats or orifices (which is very rare in dairy goats).


Our goat herd is tested annually for CAE, CL, and Johne's. If any other tests are requested, we are happy to administer them if the purchaser pays.


We treat our goats holistically with products from Molly's Herbals, Fir Meadows, and Land of Havillah whenever possible. If something dangerous pops up and herbal treatments are not working, we will call our vet and use Western medicine as needed.

All of our animals are from the very best lines we could find, with many milk award and exhibition winners in their gene pool. This does NOT guarantee that our animals or any of their offspring will be show quality or win awards, or have amazing milk production or udders. That's just how the lottery of genetics works. In order to be fully transparent, we have listed flaws that we've noticed and are working towards correcting in each of our animals.

Site Usage Terms and Conditions

TERMS OF SITE USE

Last updated July 10, 2023

TABLE OF CONTENTS
1. AGREEMENT TO TERMS

2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PROHIBITED ACTIVITIES
5. USER GENERATED CONTRIBUTIONS
6. CONTRIBUTION LICENSE
7. SUBMISSIONS
8. SITE MANAGEMENT
9. TERM AND TERMINATION
10. MODIFICATIONS AND INTERRUPTIONS
11. GOVERNING LAW
12. DISPUTE RESOLUTION
13. CORRECTIONS
14. DISCLAIMER
15. LIMITATIONS OF LIABILITY
16. INDEMNIFICATION
17. USER DATA
18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
19. MISCELLANEOUS

20. CONTACT US

1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and __________ (“
Company,” “we,” “us,” or “our”), concerning your access to and use of the __________ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Site so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

4. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:

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5. USER GENERATED CONTRIBUTIONS
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Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

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7. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. Furthermore, this site is protected by reCAPTCHA and the Google
Privacy Policy and Terms of Service apply.

8. SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

9. TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

10. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

11. GOVERNING LAW
These Terms shall be governed by and defined following the laws of __________. __________ and yourself irrevocably consent that the courts of __________ shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

12. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, of arbitration shall be __________. The language of the proceedings shall be __________. The governing law of the contract shall be the substantive law of __________.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

13. CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

14. DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

15. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR __________. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

17. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

18. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

19. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

20. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
jk@herditall.net