Terms

By accessing any areas of this website, you are agreeing to these Terms of Use, our Privacy Policy, as well as other legal notices, terms and policies on this website (together referred to as “Terms of Use”), all of which are expressly incorporated herein by this reference.

Please exit this website if you do not agree to the Terms of Use or are not of legal age to visit this website.

BY ENTERING THIS WEBSITE YOU HEREBY AFFIRM AND WARRANT THAT YOU ARE TWENTY-ONE (21) YEARS OLD OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE WILL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. IF YOU USE THIS WEBSITE FROM OTHER LOCATIONS YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL APPLICABLE LOCAL LAWS.  WOODCHUCK MAKES NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THIS WEBSITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. ANY AND ALL INFORMATION CONTAINED IN THIS WEBSITE INCLUDING BUT NOT LIMITED TO INFORMATION REGARDING PRODUCTS AND SERVICES, APPLIES ONLY TO THOSE PROVIDED OR OFFERED WITHIN THE UNITED STATES.

COPYRIGHT AND TRADEMARK NOTICES

Woodchuck is the copyright owner of this website and no portion of this website, including but not limited to the text, images, audio or video, may be used in any manner, or for any purpose, without the express written permission of Woodchuck, except as provided for herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this website for your personal, non-commercial home use only, provided you do not delete or change any copyright, trademark or other proprietary notices.

By entering this website you acknowledge and agree that any name, logo, trademark, or service mark contained on this website is owned or licensed by Woodchuck and may not be used by you without prior written approval. Woodchuck will aggressively enforce its intellectual property rights to the full extent of the law. Sound, graphics, charts, text, video, information, or images of places or people are either the property of Woodchuck or used on this website with permission. Your use of any of these materials is prohibited unless specifically provided for on the website. Any unauthorized use of these materials may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy, and publicity rights.

LINKS TO THIRD PARTY WEBSITES

Any links to and from this website (the “Linked Websites”) are provided for your convenience and are not part of the Woodchuck website. The Linked Websites are not under the control of Woodchuck and Woodchuck is not responsible for, makes no guarantees, representations or warranties as to, and shall have no liability for, any electronic content delivered on any Linked Website, including, without limitation, the accuracy, subject matter, changes, updates, quality or timeliness of such electronic content.  Inclusion of any link on the Woodchuck website does not constitute an endorsement or recommendation by Woodchuck of the Linked Website or any association with its operators.

LIABILITY DISCLAIMER

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. WOODCHUCK DOES NOT WARRANT THAT ANY OF THE INFORMATION, MATERIALS OR CONTENT ON THE WEBSITE OR FUNCTIONS OF THE WEBSITE ARE ACCURATE, COMPLETE OR ERROR FREE OR FREE OF ANY VIRUS OR OTHER HARMFUL COMPONENTS OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED. WOODCHUCK SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY DEFECT IN THE ACCURACY, QUALITY, COMPLETENESS OR TIMELINESS OF THE DATA, INFORMATION OR CONTENT OF THE WEBSITE OR FOR HARM CAUSED BY A VIRUS OR OTHER HARMFUL COMPONENT ON OR DOWNLOADED FROM THIS WEBSITE.

THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, IS PROVIDED BY WOODCHUCK ON AN “AS IS” BASIS.  WOODCHUCK MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR ITS CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, WOODCHUCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.  WOODCHUCK SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO ANY USER AND/OR THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF WOODCHUCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WOODCHUCK’S MAXIMUM LIABILITY IS LIMITED TO A REFUND OF THE PURCHASE PRICE PAID FOR ANY PRODUCT PURCHASED THROUGH THIS WEBSITE.

PRIVACY NOTICE

Woodchuck recognizes and respects the importance of maintaining the privacy of our customers and website users and has established a Privacy Policy as a result. Our Privacy Policy describes what personal information we collect, why we gather it, how we gather it and what we use it for.  Please read our Privacy Policy carefully. To view our Privacy Policy click here. By accessing this website you agree to be bound by the terms of the Privacy Policy and acknowledge that while Woodchuck will take reasonable security precautions concerning electronic data and communications, it is not responsible for any harm caused by interception of such data and communications.

USER INPUT

Woodchuck does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials that you post on the website (collectively “User Content”). By posting User Content to any part of this website or sending electronic mail or other input to Woodchuck through this website, you acknowledge that such User Content, electronic mail and/or other input can be used by Woodchuck for any purpose without compensation to you. You automatically grant, and you represent and warrant that you have the right to grant, to Woodchuck an irrevocable, perpetual, royalty-free, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing.

You represent and warrant that:  (i) you own the User Content posted by you on or through this website or otherwise have the right to grant the licenses set forth above, and (ii) the posting of your User Content on or through this website does not violate the privacy rights, publicity rights, moral rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any User Content posted by you.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you warrant to Woodchuck that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices.You may not use this website in any manner which could damage, disable, overburden, or impair this website or interfere with any other party’s use and enjoyment of this website.You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Woodchuck website.

TERMINATION OF USE

Woodchuck reserves the right, in its sole discretion, to terminate or suspend your access to this website and the related services or any portion thereof at, without notice, at any time for any conduct that Woodchuck, in its sole discretion, believes is in violation of any applicable law or is harmful to the interest of Woodchuck, another user, a third-party provider, merchant, sponsor or service provider.

APPLICABLE LAW

This agreement is governed by the laws of the State of Vermont and you hereby consent to the exclusive jurisdiction and venue of courts located in Vermont  in all disputes arising out of or relating to this website, the services provided through this website or to these Terms of Use.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Woodchuck as a result of this agreement or use of this website. Woodchuck’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Woodchuck’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Woodchuck with respect to such use.

ACKNOWLEDGMENT

Unless otherwise specified herein, the Terms of Use constitute the entire agreement between the user and Woodchuck with respect this website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Woodchuck with respect to this website.  If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. By accessing this website, you agree to be bound by these terms of use.

MODIFICATION OF THESE TERMS OF USE

Woodchuck reserves the right to change these Terms of Use at any time, for any reason and without notice or obligation by updating this page and such revisions shall become effective immediately upon posting. By entering this website you acknowledge and agree that you shall be bound by any such revisions. We suggest periodically visiting this page to review these Terms of Use.