Terms and Conditions

Thank you for visiting the Bushel & Row website. This document sets forth the terms and conditions that apply to your use of our website and associated services. If you do not accept these terms and conditions, do not use or access this website.

Terms of Use Agreement
Please read these Terms of Use (the “Terms”) carefully before you start to use this website, provide any information to us through this website, or request the provision of certain services through this website. The websites, including but not limited to www.bushelandrow.com (the “Site”), is owned by Bushel and Row (“B&R,” “Company,” “we,” “us,” “our”). Bushel and Row and its affiliates provide the Site to you (the “user”, “you”, and “your”, as applicable) for your personal use only and subject to your acceptance of and compliance with these Terms. These Terms are effective as of June 1, 2023. This version of the Terms replaces and supersedes any prior terms of use applicable to the Site. You may use the Site for lawful purposes only, in accordance with these Terms. You agree to abide by all applicable international, federal, state, and local laws and regulations in your use of the Site.

Binding Effect

These Terms constitute a legally binding agreement between you and Company. By using the Site, you: (1) acknowledge that you have read and understood these Terms; (2) represent that you are 18 years of age or older and of legal age to enter into a binding agreement, or, if you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Site; and (3) accept these Terms and agree that you are legally bound by them. Your use of the Site manifests your agreement to be bound by these Terms each time you access the Site. If you do not agree to any of these Terms, do not use or access the Site.

Changes to these Terms
We reserve the right, in our sole discretion, to revise these Terms at any time. Any changes to these Terms will be included in a revised version accessible through the Site. Your continued use of the Site following posting of any changes to these Terms constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms at the start of each use of the Site. If you do not agree to these revised Terms of Use, do not access or use the Site.

 

Privacy Information
By visiting or using the Site and its related services, contacting us through the Site, or making submissions to the Site, you consent to our collection and use of personal information as discussed in our Privacy Policy, which is hereby incorporated into these Terms. A copy of the Privacy Policy can be accessed here: Privacy Policy.

 

General Use and Site License
This Site and its related services are intended only for use by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this Site without the accompaniment and supervision of your parent or legal guardian. If you are a parent or legal guardian, you agree that you will monitor and supervise the use of this Site by children, minors and others under your care, and you agree to be responsible for their use of this Site. Any use of this Site by persons not of the age of majority in the jurisdiction in which they reside and without parental consent can result in immediate termination of your use of this Site and/or any affiliated services.

We grant you a limited, nonexclusive and revocable license to make use of the Site and related services, including on any mobile devices you may own. You may view, copy, download or print materials from this Site for your own personal use. In this context, “personal use” does not include posting, uploading or otherwise publishing the materials to any other site or for any commercial purpose absent our express written permission. This license does not include any rights not specifically enumerated herein. You agree to use this Site only for lawful purposes and in accordance with the terms and conditions contained herein.

Without altering the scope of the license, and except as expressly provided for in these Terms, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the Site or any of the content on the Site, including but not limited to the trademarks and copyrights of B&R and its affiliates, or to make derivative use of the Site or its contents; (b) to use the Site or any of its contents for commercial solicitation purposes; (c) to bypass any technical measures used to prevent or restrict access to any portion of the Site; (d) to reverse engineer, decompile or disassemble the Site, or to convert into human readable form any of the contents of this Site not intended to be so read, including but not limited to using or directly viewing the underlying code for the Site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; (f) to violate or attempt to violate the security of the Site, (g) to interfere with or attempt to interfere with the proper working of the Site or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm B&R or users of the Site or expose them to liability; (h) to alter or modify, or attempt to modify, any part of the Site; (i) to attempt to gain unauthorized access to any portion of the Site or any systems or networks connected to the Site through hacking, cracking, mining, phishing or any other means; or (j) to use reports, content, electronic documentation or other materials available on the Site to feed any downstream product, application or website.

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity, to stalk or harass other users of the Site, or to engage in any other activity which infringes the rights of B&R or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any systems or networks connected to the Site.

You acknowledge that your use of this Site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service, to block or prevent future access to and use of this Site, to terminate any user’s account, and to alter or delete any material submitted to the Site through the user’s account. Following termination of this license, these Terms shall still apply to the extent practicable.

Intellectual Property Rights
Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips, text and other material, is the property of B&R or its suppliers, licensors, talent, partners or affiliates and is protected by United States and International copyright laws. Any and all content on this Site is either the property of B&R or is used by us with the permission of its owner. The compilation of this Site is the exclusive property of B&R and is protected by United States and International copyright laws. You agree that you will not take any actions inconsistent with B&R’s ownership of the Site and its content.

The trademarks, logos, and service marks displayed on this Site are owned by B&R and other third parties, and this Site’s trade dress is owned by B&R. All trademarks not owned by B&R are the property of their respective owners, and, where used by B&R, are used with permission. Nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. B&R’s trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with B&R’s ownership of, or any third party’s ownership of, the trademarks and trade dress used on this Site.

Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials on the Site, including any copyrighted or trademarked content. You may only use the materials and content on the Site as expressly permitted in these Terms and for no other purpose. Any unauthorized use of any content or materials on the Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

Your Account
Before you can make use of certain services associated with this Site, you may be required to register with the Site and create a user or employer account. Payment for Site purchases will be processed through the applicable third-party payment provider as we may designate from time to time. You acknowledge and agree that we are not responsible for these financial transactions and the security of your financial data with respect to these transactions. You acknowledge and agree that we are not responsible for any unauthorized charges or other breach of your financial information and/or security. You agree and warrant that all information you provide to us through this Site, including but not limited to any contact information and/or registration information for your account, is truthful and accurate. You further agree to maintain the accuracy of your account information and to inform us promptly of any changes to your account information, including but not limited to any changes to your email address.

You agree to accept responsibility for all activities that occur under your account. You agree not to disclose your account password to others, and you agree to notify us immediately of any unauthorized use of your account. We are neither responsible for, nor liable, for any loss or other injury that you may incur as a result of someone else using your user account or password, either with or without your knowledge.

By creating an account with the Site, you consent to receive communications from us electronically via the email address associated with your account. Although you can opt not to receive promotional messages, we retain the right to send you informational email messages about your account or administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).

You are expressly prohibited from selling, trading, or transferring your account (including but not limited to, selling, trading or transferring emails associated with such account).

Promotional Text Messaging Program Terms & Conditions

By providing your phone number and opting-in to receive text messages (“texts”) from B&R or our affiliates, you are agreeing to our promotional text messaging program terms and conditions (“Promotional Text Messaging Terms”) as set forth in this Section, in addition to all other applicable terms and agreements.

Consent to Receive Automated Texts: You acknowledge that by voluntarily providing your telephone number(s) and opting in to the messaging program, you expressly agree to receive ongoing recurring automated promotional and personalized marketing text messages (such as SMS, MMS, or successor protocols or technologies) from, or on behalf of, us that may be sent using an automatic telephone dialing system concerning the marketing and sale of our products, services, offers, promotions, and events (including, for example, cart reminders, promotional codes, sales), as well as your relationship with us, even if your mobile number is registered on any state or federal Do Not Call list, including your orders and the products and services that you have inquired about. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). You understand that consent to receive texts is not required to make any purchase from us. Message and data rates may apply. Message frequency may vary.

Duty to Notify: You verify that the mobile number provided to us through the Site is true and accurate and that you are the current subscriber or owner of any telephone number that you provide.

Opt-Out Instructions: Your consent to receive texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, reply “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to any text from us or email  info@bushelandrow.com and specify that you want to opt-out of texts. You may also text “HELP” or email us at info@bushelandrow.com for help. You acknowledge and agree to accept a final text confirming your opt-out. We may use different shortcodes for different messaging purposes, so texting “STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to one shortcode will not effectuate a stop request for all shortcodes to which you are subscribed. If you would like to stop messages from multiple shortcodes, text STOP”, “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT” to each shortcode to which you would like to unsubscribe.

Participation Requirements: By signing up to receive texts from us, you acknowledge and agree that you are eighteen (18) years or older or are of the age of majority in your jurisdiction. You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Please check your phone capabilities for specific text messaging instructions. B&R and carriers are not liable for delayed or undelivered messages.

Termination of Texts: We may suspend or terminate your receipt of texts if we believe, in our sole discretion, you are in breach of these Terms. Your receipt of texts from us is also subject to termination if your mobile telephone service terminates or lapses. We also reserve the right to modify or discontinue, temporarily or permanently, all or any part of our text services, with or without notice.

Indemnification: In addition to the general indemnity obligations otherwise set forth in these Terms, you agree to indemnify us for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, including claims relating to your voluntary provision of a telephone number that is not owned by you. You agree to indemnify, defend and hold us harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees).

Submission of Content and User Activity
From time to time, we may make available on this Site certain services, features or sections that allow users to post or upload materials to the Site and/or to our servers. You understand that all information, communications, data, text, software, music, sound, photographs, graphics, videos, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not B&R, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Site or any associated services.

We also provide you services, features, and/or sections that allow users to post or upload links to materials, content, information, communications, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials posted on other websites and domains publicly transmitted (“Non-User Content”).

You represent and warrant that you own or otherwise control all the rights to any Content that you upload, transmit or otherwise make available through the Site; that use of the Content you provide does not violate the intellectual property rights or any other rights of any third parties, and that use of the Content you provide will not cause injury to any person or entity. In line with, and without limiting, the foregoing, you specifically agree that you will not (a) provide any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity; (b) provide any Content that is defamatory, false or libelous, or that contains unlawful, harmful, threatening, harassing, discriminatory, abusive, profane, pornographic or obscene material; (c) provide any Content that you do not have a right to provide under law or under a contractual or fiduciary relationship; (d) provide any Content that contains software viruses or other harmful devices; or (e) impersonate any other person or entity or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you provide. You agree that you will indemnify B&R or its affiliates for all claims resulting from or related to Content you post or submit.

When you post or submit Content to the Site, you hereby expressly grant to B&R a royalty-free, perpetual, non-exclusive, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, exploit, sublicense or otherwise distribute and display the Content and any ideas, concepts, know-how or techniques contained therein for any reason and in any manner it chooses, alone or as a part of other works, in any form, medium or technology now known or later developed, without restriction and without compensation of any kind to you, and you waive all moral rights in all such Content. For informational purposes, we note that the uses to which we may put the information or Content you provide include, but are not limited to, reproduction and use in any and all media whether now known or hereafter devised; publication of the Content or a derivative thereof for promotional, marketing and advertising purposes; and use in the development and manufacture of products.

You understand that by using the Site, you may be exposed to Content and Non-User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Site.

The opinions expressed in postings or other Content or Non-User Content on this Site are not necessarily those of B&R or its advertisers, sponsors, affiliated or related entities. We make no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the Site. We do not represent or guarantee the truthfulness, accuracy, or reliability of any Content or Non-User Content or determine whether the Content or Non-User Content violates the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.

We are not obligated to regularly review, monitor, delete or edit the Content or Non-User Content of the Site as submitted by users. However, we reserve the right to do so at any time in its sole discretion, for any reason or no reason, and to edit or delete any posting or submission, in whole or in part, with or without notice. We are not responsible or liable for damages of any kind arising from any Content or Non-User Content, or from our alteration or deletion of any Content or Non-User Content, even when we are advised of the possibility of such damages.

You acknowledge, consent and agree that B&R may access, preserve and disclose your account information and any Content you submit if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of B&R, its affiliates, personnel, other users and the public.

Site Promotions
We are not responsible for typographical or other errors or omissions regarding products, services prices or other information provided on this Site. All product and/or service sales and promotions are subject to these Terms, in addition to any other terms that may apply. Promotional offers and prices are available for a limited time as specified on the Site. Prices, promotions and availability are subject to change without prior notice.

Links to Third Party Sites
The Site may contain links to third-party websites or other resources, which we may have no direct control and all of which may have their own set of rules and guidelines for usage of their sites and services. B&R does not endorse, and we shall not be responsible or liable for, any content, advertising, products, or other materials on or available from such sites or resources.

For your protection, please refer to the terms of service and privacy policies of those respective websites. You acknowledge, understand, and agree that B&R 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 use of, or reliance on, any such content, goods, or services available on such other websites. B&R shall not be liable for any errors or delays in the content, goods, or services available on such other websites, or for any actions taken or not taken in reliance thereon. The links are provided “as is” and use of such links is at your own risk.

 

Disclaimer of Warranties; Indemnification; Resolution of Disputes
B&R provides this Site and the associated goods and services in connection with one or more affiliated companies and third-party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify B&R, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.

Disclaimer of Warranties:

THE SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. INFORMATION ACCESSIBLE THROUGH THE SITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND FOR YOUR CONVENIENCE. YOUR USE OF AND RELIANCE ON THE SITE AND ANY CONTENT AVAILABLE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, AND OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING, USAGE, OR TRADE. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS ON THE SITE.

COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. COMPANY further MAKES NO REPRESENTATIONS OR WARRANTIES THAT your use of the SITE will be continuous, uninterrupted, error-free, virus-free, or that the Site will meet your requirements. Company further makes no representations or warranties that communications between you and Company, or another user of the Site, will be secure from interference, virus-free, or free of other harmful components.

THE SITE IS CONTROLLED, OPERATED, AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS. Any offer for any service or product made is void where prohibited.

Limitations of Liability:

NEITHER COMPANY NOR ANY OF COMPANY’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO: (1) PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT; (2) ATTORNEYS’ FEES; OR (3) ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 

WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF, OR INABILITY TO USE, THE SITE, OR FROM YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON COMPANY’S COMPUTERS AND/OR SERVERS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND THAT YOU ALLEGE ARISE OUT OF OR ARE RELATED TO YOUR USE OF COMPANY’S SITE AND ASSOCIATED SERVICES.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF COMPANY, OR ITS PARENT, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS—WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY—ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT YOU PAID TO COMPANY TO ACCESS THE SITE WITHIN THE PRECEDING THREE (3) MONTHS.

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 LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification and Remedies:

You agree to indemnify, defend, and hold harmless Company and its employees, subsidiaries, affiliates, agents, representatives, distributors, and licensors, from and against any claim, judgment, demand, damages, cost, expenses, and liabilities, including reasonable attorneys’ fees, which may arise from or be related to: (a) your use of the Site; (b) Content you post or submit to the Site; (c) your participation in our promotional text messaging program; or (d) your breach of any provision of these Terms or any warranty provided hereunder. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

You agree that if you are dissatisfied with the Site or any services offered in connection with the Site, do not agree with any part of these Terms, or have any other dispute or claim with or against Company with respect to these Terms or the Site, your sole and exclusive remedy is to discontinue using the Site.

Choice of Law and Venue

This Site is created and maintained by B&R in the State of West Virginia. You agree that the laws of the State of West Virginia, without giving effect to any principles of conflicts of laws, will govern these Terms and any dispute of any sort that may arise between you and B&R or its affiliates.

Regardless of where you access this Site, you agree that any action or proceeding arising out of these Terms or your use of the Site and/or services, whether at law or in equity, must be brought in the state or federal courts located in Boone County, West Virginia and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts.

You further agree to file any cause of action with respect to these Terms within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.

General Information
These Terms, including any documents referenced herein, represents the entire understanding between you and Company regarding your relationship with Company, use of the Site, and participation in our promotional text messaging program and supersedes all other agreements, express or implied, written or oral, between you and Company. These Terms shall not be modified except as provided for herein or in writing, signed by an authorized representative of Company.

If any provision of these Terms is determined to be invalid or unenforceable for any reason whatsoever, the remainder of these Terms shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of these Terms. Company’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under these Terms. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms. Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.

You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms reflect a fair and reasonable allocation of risk between you and Company, and is not the result of fraud, duress, or undue influence exercised upon you by any person or entity. Any rights not expressly granted herein are reserved.

The provisions of these Terms that by their sense and context are intended to survive the performance of the Terms shall survive termination of these Terms, including provisions relating to: disclaimer of warranties, licensing, ownership, damage limitations, venue, jurisdiction, and indemnification.

 

Contact Information/Notices
Where required, we may give notice to you by a general posting in the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to us by electronic mail or by conventional mail to the address below. If you have any questions or suggestions regarding these Terms, please contact us at:

Bushel & Row
1889 Daniel Boone Pkwy
Foster, West Virginia 25081
+1 304.369.4361

Email: info@bushelandrow.com