Conditions of Use

 

Last updated: May 21, 2018

 

Welcome to farmtoysandmore.com. Heartland Die-Cast & Promotions, LLC and/or its affiliates provide website features and other products and services to you when you visit or shop at farmtoysandmore.com, use Heartland Die-Cast & Promotions, LLC products or services, use Heartland Die-Cast & Promotions, LLC applications for mobile, or use software provided by Heartland Die-Cast & Promotions, LLC in connection with any of the foregoing (collectively, "Heartland Die-Cast & Promotions, LLC Services"). Heartland Die-Cast & Promotions, LLC provides the Heartland Die-Cast & Promotions, LLC Services subject to the following conditions.

 

By using Heartland Die-Cast & Promotions, LLC Services, you agree to these conditions. Please read them carefully.

 

We offer a wide range of Heartland Die-Cast & Promotions, LLC Services, and sometimes additional terms may apply. When you use an Heartland Die-Cast & Promotions, LLC Service (for example, Your Profile, Gift Cards, Heartland Die-Cast & Promotions, LLC Video, Heartland Die-Cast & Promotions, LLC devices, or Heartland Die-Cast & Promotions, LLC applications) you also will be subject to the guidelines, terms and agreements applicable to that Heartland Die-Cast & Promotions, LLC Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

 

PRIVACY

 

Please review our Privacy Notice, which also governs your use of Heartland Die-Cast & Promotions, LLC Services, to understand our practices.

 

ELECTRONIC COMMUNICATIONS

 

When you use Heartland Die-Cast & Promotions, LLC Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Heartland Die-Cast & Promotions, LLC Services, such as our Message Center, and you can retain copies of these communications for your records. 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.

 

COPYRIGHT

 

All content included in or made available through any Heartland Die-Cast & Promotions, LLC Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Heartland Die-Cast & Promotions, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Heartland Die-Cast & Promotions, LLC Service is the exclusive property of Heartland Die-Cast & Promotions, LLC and protected by U.S. and international copyright laws.

 

TRADEMARKS

 

Click here to see a non-exhaustive list of Heartland Die-Cast & Promotions, LLC trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Heartland Die-Cast & Promotions, LLC Service are trademarks or trade dress of Heartland Die-Cast & Promotions, LLC in the U.S. and other countries. Heartland Die-Cast & Promotions, LLC's trademarks and trade dress may not be used in connection with any product or service that is not Heartland Die-Cast & Promotions, LLC's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Heartland Die-Cast & Promotions, LLC. All other trademarks not owned by Heartland Die-Cast & Promotions, LLC that appear in any Heartland Die-Cast & Promotions, LLC Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Heartland Die-Cast & Promotions, LLC.

 

PATENTS

 

One or more patents owned by Heartland Die-Cast & Promotions, LLC apply to the Heartland Die-Cast & Promotions, LLC Services and to the features and services accessible via the Heartland Die-Cast & Promotions, LLC Services. Portions of the Heartland Die-Cast & Promotions, LLC Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Heartland Die-Cast & Promotions, LLC patents and applicable licensed patents.

 

LICENSE AND ACCESS

 

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Heartland Die-Cast & Promotions, LLC or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Heartland Die-Cast & Promotions, LLC Services. This license does not include any resale or commercial use of any Heartland Die-Cast & Promotions, LLC Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Heartland Die-Cast & Promotions, LLC Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Heartland Die-Cast & Promotions, LLC or its licensors, suppliers, publishers, rightsholders, or other content providers. No Heartland Die-Cast & Promotions, LLC Service, nor any part of any Heartland Die-Cast & Promotions, LLC Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Heartland Die-Cast & Promotions, LLC. 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 Heartland Die-Cast & Promotions, LLC without express written consent. You may not use any meta tags or any other "hidden text" utilizing Heartland Die-Cast & Promotions, LLC's name or trademarks without the express written consent of Heartland Die-Cast & Promotions, LLC. You may not misuse the Heartland Die-Cast & Promotions, LLC Services. You may use the Heartland Die-Cast & Promotions, LLC Services only as permitted by law. The licenses granted by Heartland Die-Cast & Promotions, LLC terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

 

You may need your own Heartland Die-Cast & Promotions, LLC account to use certain Heartland Die-Cast & Promotions, LLC Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Heartland Die-Cast & Promotions, LLC does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Heartland Die-Cast & Promotions, LLC Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Heartland Die-Cast & Promotions, LLC Household. Heartland Die-Cast & Promotions, LLC reserves the right to refuse service, terminate accounts, terminate your rights to use Heartland Die-Cast & Promotions, LLC Services, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

 

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Heartland Die-Cast & Promotions, LLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

 

If you do post content or submit material, and unless we indicate otherwise, you grant Heartland Die-Cast & Promotions, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Heartland Die-Cast & Promotions, LLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Heartland Die-Cast & Promotions, LLC for all claims resulting from content you supply. Heartland Die-Cast & Promotions, LLC has the right but not the obligation to monitor and edit or remove any activity or content. Heartland Die-Cast & Promotions, LLC takes no responsibility and assumes no liability for any content posted by you or any third party.

 

INTELLECTUAL PROPERTY COMPLAINTS

 

Heartland Die-Cast & Promotions, LLC respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

 

RISK OF LOSS

 

All purchases of physical items from Heartland Die-Cast & Promotions, LLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

RETURNS, REFUNDS AND TITLE

 

Heartland Die-Cast & Promotions, LLC does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Heartland Die-Cast & Promotions, LLC does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .

 

PRODUCT DESCRIPTIONS

 

Heartland Die-Cast & Promotions, LLC attempts to be as accurate as possible. However, Heartland Die-Cast & Promotions, LLC does not warrant that product descriptions or other content of any Heartland Die-Cast & Promotions, LLC Service is accurate, complete, reliable, current, or error-free. If a product offered by Heartland Die-Cast & Promotions, LLC itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

 

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Heartland Die-Cast & Promotions, LLC and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Heartland Die-Cast & Promotions, LLC.

 

With respect to items sold by Heartland Die-Cast & Promotions, LLC, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Heartland Die-Cast & Promotions, LLC is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

 

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

 

APP PERMISSIONS

 

When you use apps created by Heartland Die-Cast & Promotions, LLC, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .

 

SANCTIONS AND EXPORT POLICY

 

You may not use any Heartland Die-Cast & Promotions, LLC Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Heartland Die-Cast & Promotions, LLC Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Heartland Die-Cast & Promotions, LLC Software), technology, and services.

 

OTHER BUSINESSES

 

Parties other than Heartland Die-Cast & Promotions, LLC operate stores, provide services or software, or sell product lines through the Heartland Die-Cast & Promotions, LLC Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Heartland Die-Cast & Promotions, LLC. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Heartland Die-Cast & Promotions, LLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

 

THE HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICES ARE PROVIDED BY HEARTLAND DIE-CAST & PROMOTIONS, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HEARTLAND DIE-CAST & PROMOTIONS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICES IS AT YOUR SOLE RISK.

 

TO THE FULL EXTENT PERMISSIBLE BY LAW, HEARTLAND DIE-CAST & PROMOTIONS, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HEARTLAND DIE-CAST & PROMOTIONS, LLC DOES NOT WARRANT THAT THE HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICES, HEARTLAND DIE-CAST & PROMOTIONS, LLC'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM HEARTLAND DIE-CAST & PROMOTIONS, LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, HEARTLAND DIE-CAST & PROMOTIONS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HEARTLAND DIE-CAST & PROMOTIONS, LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DISPUTES

 

Any dispute or claim relating in any way to your use of any Heartland Die-Cast & Promotions, LLC Service, or to any products or services sold or distributed by Heartland Die-Cast & Promotions, LLC or through Heartland Die-Cast & Promotions, LLC.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

 

By using any Heartland Die-Cast & Promotions, LLC Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Kentucky, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Heartland Die-Cast & Promotions, LLC.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

 

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Heartland Die-Cast & Promotions, LLC Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. 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.

 

OUR ADDRESS

 

Heartland Die-Cast & Promotions, LLC.com, Inc.

 

P.O. Box 508

 

Georgetown, KY 40324

 

https://www.farmtoysandmore.com

 

ADDITIONAL HEARTLAND DIE-CAST & PROMOTIONS, LLC SOFTWARE TERMS

 

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Heartland Die-Cast & Promotions, LLC Services (the "Heartland Die-Cast & Promotions, LLC Software").

 

  1. Use of the Heartland Die-Cast & Promotions, LLC Software. You may use Heartland Die-Cast & Promotions, LLC Software solely for purposes of enabling you to use the Heartland Die-Cast & Promotions, LLC Services as provided by Heartland Die-Cast & Promotions, LLC, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Heartland Die-Cast & Promotions, LLC Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Heartland Die-Cast & Promotions, LLC Software in whole or in part. All software used in any Heartland Die-Cast & Promotions, LLC Service is the property of Heartland Die-Cast & Promotions, LLC or its software suppliers and is protected by United States and international copyright laws.

  2. Use of Third Party Services. When you use the Heartland Die-Cast & Promotions, LLC Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Heartland Die-Cast & Promotions, LLC Software, whether in whole or in part.

  4. Updates. We may offer automatic or manual updates to the Heartland Die-Cast & Promotions, LLC Software at any time and without notice to you.

  5. Government End Users. If you are a U.S. Government end user, we are licensing the Heartland Die-Cast & Promotions, LLC Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Heartland Die-Cast & Promotions, LLC Software are the same as the rights we grant to all others under these Conditions of Use.

  6. Conflicts. In the event of any conflict between these Conditions of Use and any other Heartland Die-Cast & Promotions, LLC or third-party terms applicable to any portion of Heartland Die-Cast & Promotions, LLC Software, such as open-source license terms, such other terms will control as to that portion of the Heartland Die-Cast & Promotions, LLC Software and to the extent of the conflict.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

 

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

 

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

 

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

 

Copyright Agent

 

Farmtoysandmore.com Legal Department

 

P.O. Box 508

 

Georgetown, WA 40324

 

Written claims concerning copyright infringement must include the following information:

 

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.