TERMS AND CONDITIONS OF USE

 

Thank you for your interest in HaygoodFarms.com, a website owned and operated by Southeast Farming Partners, LLC, a Tennessee limited liability company doing business as Haygood Farms (“Haygood Farms”, “we”, “us” or “our”). By visiting or using this website, you acknowledge that you accept and are subject to the following terms and conditions of use (these “Terms and Conditions”), as well as all applicable laws, statutes, and/or regulations. We reserve the right to revise and update these Terms and Conditions at any time without any notice. You are bound by such revisions and should therefore periodically visit this page to review the current Terms and Conditions. If you disagree with our Terms and Conditions, your sole and exclusive remedy is to discontinue using the site.

ACCESS TERMS

This website is offered and available to users who are at least eighteen (18) years of age or older and reside the United States or any of its territories or possessions. By using this website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the website.

LICENSE AND SITE ACCESS

This website has been designed to provide general information about Haygood Farms and to provide a means for you to order products. Subject to these Terms and Conditions, we grant 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 our express written consent. 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 site 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 this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use terminates the permission or license granted by Haygood Farms. You may not make any commercial use of any of the information provided on the website or make any use of the website for the benefit of another business unless explicitly permitted in writing by us in advance.

PURCHASING PRODUCTS

If you purchase products through this website, you agree that you agree that the Terms and Conditions of such purchase are as set forth in this Site. Products purchased through this website are exclusively subject to these Terms and Conditions, and we expressly reject any different or additional terms or conditions.

(a) Acceptance of Orders. We may accept or reject orders, in whole or in part, placed through this Site at our discretion. If we accept an order placed through this Site, we will ship the products ordered which are in our inventory and with respect to which we have accepted the order and will notify you by email of those products not in inventory or for which we do not accept the order.

(b) Your Compliance with Laws. By placing an order for products, you represent and warrant to us that you are authorized to purchase such products, and you will store, use and dispose of such products in compliance with all applicable laws and regulations.

(c) No Product Warranties through this Website or Samples. Any data about our products provided on this Site or otherwise, especially data concerning the possibilities of use of our products, are average data only and do not represent an express or implied warranty of any kind. WE MAKE NO EXPRESS OR IMPLIED WARRANTY ABOUT OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THROUGH THIS SITE OR THROUGH DRAWINGS, SAMPLES OR MARKETING MATERIALS WHICH MAY HAVE BEEN MADE AVAILABLE TO YOU.

(d) Accounts. To place an order through this website, you may have to set up an account. If so, you will be responsible for maintaining the confidentiality of all logon information, including the account identification and password. You will be responsible for all activities that occur under your account. You agree (a) to immediately notify us at [INSERT EMAIL] or [INSERT PHONE NUMBER] of any unauthorized use of your password or account identification or any other breach of security, and (b) that you log out of the account at the end of each session. We reserve the right to terminate an account at any time and for any reason. The information we collect in setting up and maintaining your account will be treated in compliance with our Privacy Policy set forth on this website.

(e) Inspection of Products Shipped; Acceptance. You agree to examine the products ordered through this website immediately upon receipt at the place of destination, including containers for the products. The products shall be deemed to have been accepted without any observable defects unless you notify us of any such defect or deviation within ten (10) days after receipt of the products, or in the case of hidden defects, within ten (10) days after such defect was discovered or should have been discovered. Such notification must be made by email to us at [INSERT EMAIL], and must specify the defect with reasonable detail. You will allow us an opportunity to inspect the products if we wish to do so.

(f) Returns and Refunds. We accept products within 90 days of receipt for a full refund. We will credit your refund to your account for use on future purchases. All products must be returned in the original, unmarked packaging and be in resalable condition. If returned after 90 days, we will assess a 10% restocking fee. All products returned after one year cannot be accepted. We recommend that you send the returns in a padded envelope or original shipping box, use a traceable shipment method, and insure the package for safe return to us so that you are completely protected if the shipment is lost or damaged. If you choose not to use a traceable shipping method or not to insure or not to declare the full value of the product, you will be responsible for any loss or damage to the product in transit.

(g) Purchase Price. The purchase price for the products is as set forth on our website at the time you place the order and must be paid in the currency indicated on our website. The purchase prices quoted are exclusive of any and all (i) taxes, including without limitation value added tax, sales tax, use tax, or other similar tax, and (ii) packaging, handling, freight and insurance for those products ordered. You are solely responsible for paying all such taxes and charges, and we may add such charges to the purchase price. Any price increase or any change in these Terms and Conditions posted on our website after you have placed an order shall not apply to such order.

(h) Force Majeure. We shall not be liable for any damage as a result of any delay or failure to deliver products due to any cause beyond our reasonable control, including, without limitation, any act of God, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, riot, act of terror, delay in transportation, or inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay the date of delivery shall be extended for a period equal to the time lost because of the delay.

PRIVACY

Haygood Farms’ Privacy Policy, a link to which is on this website, is a part of these Terms and Conditions and you should read our Privacy Policy. If you do not accept our Privacy Policy, you do not accept our Terms and Conditions and you should discontinue using this website.

ELECTRONIC COMMUNICATIONS

When you visit HaygoodFarms.com 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 website. 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, including all materials, compilations, and content, such as designs, text, illustrations, photographs, logos, videos, and images, is the intellectual property of Haygood Farms, or its content suppliers, and constitutes proprietary materials, copyrighted materials, trademarks, patents, and/or trade dress. You agree to comply with all copyright laws worldwide in your use of this website and to prevent any unauthorized copying of any of the materials. We do not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information. The trademarks, logos, and service marks displayed on the website (“Marks”) are the property of Haygood Farms. You are prohibited from using any Marks. It is our policy to enforce our intellectual property rights to the fullest extent permitted under law. The use or misuse of these trademarks, copyrights, patents, or other materials, is expressly prohibited and may be in violation of copyright law, trademark law, patent law, communications regulations and statutes, and other laws, statutes and/or regulations. All worldwide rights, titles, and interests are reserved.

LINKS TO OTHER WEBSITES

Links to third party websites on this website are provided solely as a convenience to you. If you use these links, you will leave this website. We do not control and are not responsible for any of these third-party websites or their content. The link to any other website does not imply our endorsement of such website, its content, or its website-owner, or that we are a sponsor of, or affiliated or associated with such a website. If you leave this website to access any of the third-party sites linked to this website, you do so entirely at your own risk and should consult that website’s terms and conditions.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO PRODUCTS DISPLAYED. HAYGOOD FARMS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE EXTENT PERMITTED BY APPLICABLE LAWS. HAYGOOD FARMS DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THE SITE. HAYGOOD FARMS FURTHER DISCLAIMS, WITHOUT LIMITATION, ANY AND ALL RESPONSIBILITY FOR ANY THIRD-PARTY SITES. Any representation or warranty about any product you may order through this website shall solely be the printed representations and warranties, if any, delivered with the product.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HAYGOOD FARMS, ITS DIRECTORS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR INABILITY TO USE, THIS SITE OR ANY INFORMATION CONTAINED AT THE SITE OR ANY LINKED SITES OR PRODUCTS PURCHASED THROUGH THE SITE. IN PARTICULAR, WE SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER AN ACTION ALLEGING SUCH DAMAGES IS BROUGHT IN CONTRACT, NEGLIGENCE, OR TORT.

GOVERNING LAW

These Terms and Conditions and any purchase of products through the website are governed by, and construed in accordance with, the laws of the state of Tennessee without giving effect to any principles of conflicts of law. You agree that any action in law or equity arising out of or relating to these terms or the use of this Site shall be filed only in the state or federal courts located in Chattanooga, Tennessee, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. You hereby irrevocably consent to the personal jurisdiction of such courts. You waive any objection based on forum non conveniens or any objection to venue of any such action.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to HaygoodFarms.com. We reserve the right to make changes to our site, policies, and these Terms and Conditions 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.