Terms and Conditions

Terms & Conditions

CONDITIONS OF USE 

Humming Wings Farm provides our services to you subject to the following conditions of use (“Terms”). If you visit or shop within this website, you accept these Terms, as updated from time to time in accordance with provisions below.  Please read them carefully.

PRIVACY 

       Please review our Privacy Notice, which also governs your visit to our website, to understand our practices. 

ELECTRONIC COMMUNICATIONS 

       When you visit Humming Wings Farm 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 or by posting notices on this site. 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. 

INTELLECTUAL PROPERTY

       This website is protected by applicable copyright and other intellectual property laws, and no materials from the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission.  These protections apply to all content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software.  All trademarks and service marks on the website belong to Humming Wings Farm, except third party trademarks or service marks, which are the property of their respective owners.  Humming Wings Farm trademarks and trade dress may not be used in connection with any product or service that is not Humming Wings Farm, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Humming Wings Farm. 

LICENSE AND SITE ACCESS 

       Humming Wings Farm grants you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Humming Wings Farm. This license does not include any resale or commercial use of this website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this website 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 website or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Humming Wings Farm. 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 Humming Wings Farm and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Humming Wings Farm name or trademarks without the express written consent of Humming Wings Farm. Any unauthorized use terminates the permission or license granted by Humming Wings Farm. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Humming Wings Farm so long as the link does not portray Humming Wings Farm, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Humming Wings Farm logo or other proprietary graphic or trademark as part of the link without express written permission. 

THIRD PARTY CONTENT

       This website may contain links to third party websites and services.  Humming Wings Farm provides such links as a convenience, and does not control or endorse these websites or services.  You acknowledge and agree that Humming Wings Farm has not reviewed the content, advertising, products, services or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy or appropriateness any such content.  Humming Wings Farm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third-party websites or services.

MODIFICATION OF TERMS

       Humming Wings Farm reserves the right at any time to modify these terms and to impose new or additional terms or conditions on your use of the website, which terms will be effective immediately upon notice and incorporated into these Terms.  We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to this website or by sending an email to any address you may have provided to us.  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. 

DISCLAIMER OF WARRANTIES/ LIMITATIONS OF LIABILITY

       This website is provided “as is” and on an “as available” basis, without any warranty or condition of any kind, either express or implied.  Although Humming Wings Farm seek to maintain safe, secure, accurate and well-functioning services, we cannot guarantee the continuous operation of or access to this website and there may be at times inadvertent technical or facial errors or inaccuracies.  With regard to the use of this website, Humming Wings Farm specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage or trade.  You expressly agree that your use of this website is at your sole risk. To the fullest extent permissible by applicable law, in no event will Humming Wings Farm be liable to you for any incidental, special, consequential, direct, indirect or punitive damages, whether based on warranty, contract, tort (negligence), statute, or any other legal theory from use of this website, whether or not Humming Wings Farm has been informed of the possibility of such damage.  Some jurisdictions do not allow disclaimer of warranties or limitation of liability in certain circumstances.  You may have additional rights.

GOVERNING LAW

       These terms are governed by the laws of the State of New York, without regard to conflict of law principles.  To the extent that any lawsuit or court proceeding is permitted hereunder, you and Humming Wings Farm agree to submit to the exclusive personal jurisdiction of the state and federal courts located within Ulster County, New York, for the purpose of litigating all such disputes.

QUESTIONS

       Questions regarding our Terms & Conditions, Privacy Policy, or other policy-related material can be addressed by emailing us at: [email protected]