Website Terms of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE.
1. WHO WE ARE AND HOW TO CONTACT US
This website is operated by Hoffman Family Farm, LLC, a limited liability company organized in the Commonwealth of Pennsylvania. Throughout this website, the expressions "we", "us", and "our" should be construed as references to Hoffman Family Farm, LLC.
To contact us, please email us at contact@hoffmanfamilyfarm.com.
2. APPLICABILITY OF THESE TERMS OF USE
These terms and conditions ("Terms of Use") govern your access and use of hoffmanfamilyfarm.com (the "Site").
3. YOUR ACCEPTANCE OF THESE TERMS OF USE
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF USE IN THEIR ENTIRETY, THEN YOU MAY NOT USE THIS SITE.
4. OTHER TERMS THAT APPLY TO YOUR USE OF THIS SITE
These Terms of Use refer to the following additional terms and conditions, which also apply to your use of this Site: (a) our Conditions of Sale, which apply to any purchases you make through the Site; (b) our Refund Policy; and (c) our Privacy Policy.
5. CHANGES TO THESE TERMS OF USE
WE RESERVE THE RIGHT TO UPDATE, CHANGE, OR REPLACE ANY PART OF THESE TERMS OF USE BY POSTING UPDATES AND/OR CHANGES TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE PERIODICALLY FOR ANY CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF THOSE CHANGES. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU ARE FREE TO REJECT THEM, BUT IN THAT CASE YOU MAY NOT USE THIS SITE.
6. ELIGIBILITY TO USE THIS SITE
By using this Site, you represent that you are at least the age of majority in your state, or that you are the age of majority in your state of residence and you have given us your consent to allow any of your minor dependents to access and use this Site.
7. USER ACCOUNTS
7.1 Certain parts of this Site may require you to register and to provide certain information about yourself. Where you provide such information, you agree: (a) to provide true, accurate, current, and complete information about yourself; and (b) to ensure that such data is kept true, accurate, current, and complete by updating or amending your details in your user account.
7.2 If you choose, or are provided with, a username, password, or any other piece of information as part of any registration or security procedures connected with our Site or our services, then you must treat such information as confidential. You must not disclose these details to any third party. For the avoidance of doubt, the sharing of user account details, including usernames and passwords is expressly prohibited.
7.3 We reserve the right to disable any user account, at any time, if in our opinion, you have failed to comply with any of the provisions of these Terms of Use.
7.4 If you know or suspect that anyone other than you knows your user information or password, you must promptly notify us by contacting us via the contact details referred to in section 1 above.
8. CHANGES TO THIS SITE
We may update and change the Site from time to time to reflect changes to our products, our users’ needs, and our business priorities. As such, we reserve the right to alter or delete content featured on the Site without notice and without incurring any liability to you.
9. AVAILABILITY & CONDITION OF THIS SITE
9.1 We do not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free. As such, you acknowledge and agree that your use of, or inability to use, the Site is at your sole risk. You acknowledge that the Site is provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
9.2 We reserve the right to suspend, withdraw, or restrict the availability of all or any part of the Site for any reason, without notice and without incurring any liability to you.
10. ACCURACY OF THE INFORMATION
Although we make reasonable efforts to update the information on the Site, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Site is accurate, complete, or up to date.
11. NON-USER THIRD PARTY CONTENT
From time to time, we may display content, advertisements, and promotions from third parties on this Site. Such content is not endorsed, adopted by, or controlled by us, and we make no representations or warranties of any kind regarding such content, including in relation to its accuracy or completeness. You acknowledge and agree that you use such content at your own risk.
12. USER GENERATED CONTENT FEATURED ON THE SITE
12.1 The Site may include areas that allow users to post content to the Site including, but not limited to, reviews, comments, text, graphics, or other user-generated materials (collectively, "User Content"). This User Content has not been verified or approved by us. The views expressed by other users on our Site do not represent our views or values.
12.2 If you wish to complain about User Content uploaded by other users, please email us at contact@hoffmanfamilyfarm.com.
13. POSTING CONTENT TO THE SITE
13.1 Whenever you make use of a feature that allows you to upload content to our Site, you agree and undertake not to create, post, share, or store any of the following types of content on the Site: (a) any content that encourages, either express or implied, conduct that could be deemed a violation of any international, federal, state, or local law; (b) any content which is indecent, obscene, abusive, threatening, pornographic, or harassing; (c) any content that violates the proprietary rights of a third party; (d) any content that contains confidential information; (e) any content that impersonates, or misrepresents your affiliation with, any person or entity without their express permission; (f) any content that contains any viruses or other computer code, files, or programs designed to harm, inhibit the operative ability of, or destroy part/all of the Site; (g) any content that contains solicitations, including, but not limited to, any advertisements or promotional materials (other than those directly related to us); (h) any content that, in our sole judgement, is: (i) objectionable or that restricts or inhibits any other person from using or enjoying the Site; or (ii) that may expose us or others to any harm or liability of any type; or (j) any other content that otherwise breaches any international, federal, state, or local law.
13.2 You represent and warrant that any content you post on the Site complies with the standards outlined in section 13.1, and agree that you will be liable to us, and shall indemnify and hold us harmless from all claims, costs, liabilities, and expenses (including legal costs and expenses) suffered by us arising out of or in connection with any breach of this representation or warranty.
13.3 We reserve the right to remove any content you post on our Site, at any time, for any reason. You are solely responsible for securing and backing up any content you upload to our Site, and we accept no liability to you in respect of the deletion or removal of such content from our Site.
13.4 We do not claim any ownership interest in your content, however, by uploading, posting or submitting content to the Site or any of our social media channels, you hereby: (a) grant us, our affiliates, and subsidiaries a non-exclusive, royalty-free, transferable, worldwide, perpetual, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your content, in whole or in part, along with your name, likeness, voice, and persona, in each case in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and non-commercial purposes; and (b) represent and warrant that: (i) you own and control all of the rights to the content or you otherwise have the lawful right to post such content and to grant us the rights outlined in section 13.4(a); (ii) the content is non-confidential and you authorize us to use such content for the purposes described in these Terms of Use; (iii) the content is accurate and not misleading or harmful in any manner; and (iv) the content, and your use and posting thereof, does not and will not violate these Terms of Use or any applicable international, federal, state, or local law or any third party rights.
14. OUR INTELLECTUAL PROPERTY RIGHTS
14.1 We are the owner or licensee of all intellectual property rights in the Site, and the materials and content published thereon. All trademarks and trade names used on the Site are proprietary to us or our licensors. We expressly reserve all rights in the Site, and the materials and content published thereon, including any rights in any trademarks and/or trade names, except as expressly provided for below.
14.2 You may print off one copy, and may download extracts of any page(s) from the Site for your personal use, and you may draw the attention of others within your organization or household to content posted on the Site. You must not, in any circumstances, modify the paper or digital copies of any materials you have printed off or have downloaded from our Site in any way (including, but not limited to, the removal of any copyright or trademarks notice(s)), and you must not use any illustrations, photographs, videos, audio sequences, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as authors of the content on our Site must always be acknowledged. If you print off, copy, or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15. PROHIBITED USES OF THE SITE
In addition to other prohibitions set forth in these Terms of Use, you are prohibited from using the Site or any content featured thereon: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local law; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of any third party; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, our social media accounts/channels, or any other websites; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, our social media accounts/channels, or any other websites. We reserve the right to terminate your use of the Site for violating any of these prohibited uses without notice and without incurring any liability to you.
16. OUR USE OF YOUR PERSONAL DATA
Your submission of personal information through the Site is governed by our Privacy Policy.
17. INDEMNIFICATION
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, HOFFMAN FAMILY FARM, LLC, AND OUR RESPECTIVE PAST, PRESENT, AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS, FROM AND AGAINST ALL ACTUAL OR ALLEGED CLAIMS, DAMAGES, AWARDS, JUDGMENTS, LOSSES, LIABILITIES, OBLIGATIONS, PENALTIES, INTEREST, FEES, EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND EXPENSES), AND COSTS (INCLUDING, WITHOUT LIMITATION, COURT COSTS, COSTS OF SETTLEMENT, AND COSTS OF PURSUING INDEMNIFICATION AND INSURANCE), OF EVERY KIND AND NATURE, WHATSOEVER, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, MATURED OR UNMATURED, OR SUSPECTED OR UNSUSPECTED, IN LAW OR EQUITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE (COLLECTIVELY, “CLAIMS”), INCLUDING, BUT NOT LIMITED TO, DAMAGES TO PROPERTY OR PERSONAL INJURY, THAT ARE CAUSED BY, ARISE OUT OF, OR ARE RELATED TO: (A) YOUR USE OR MISUE OF THIS SITE; AND (B) YOUR BREACH OF THESE TERMS OF USE. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A WRITTEN AGREEMENT BETWEEN YOU AND US.
18. LIMITATION OF LIABILITY
18.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOFFMAN FAMILY FARM, LLC, AND OUR RESPECTIVE PAST, PRESENT, AND FUTURE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, CONTRACTORS, CONSULTANTS, EQUITY HOLDERS, SUPPLIERS, VENDORS, SERVICE PROVIDERS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELATED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OFANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME, OR PROFITS, DATA LOSS, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION), IN EACH CASE ARISING OUT OF OR IN ANY WAY RELATED TO: (A) YOUR ACCESS OR USE OF THE SITE; OR (B) OTHERWISE RELATED TO THESE TERMS OF USE, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY LEGAL OR EQUITABLE CAUSE (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
18.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HOFFMAN FAMILY FARM, LLC AND RELATED PARTIES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF THE SITE EXCEED THE SUM OF $250 (TWO HUNDRED AND FIFTY DOLLARS).
19. SEVERABILITY
In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.
20. TERMINATION
20.1 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
20.2 These Terms of Use are effective unless and until terminated either by you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Site, or when you cease using our Site, whichever is earlier.
20.3 If, in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Site (or any part thereof).
21. NO WAIVER
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
22. ENTIRE AGREEMENT
These Terms of Use and any other terms, policies, or operating rules incorporated in these Terms of Use by reference shall constitute the entire agreement and understanding between you and us and governing your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us including, but not limited to, any prior versions of these Terms of Use.
23. GOVERNING LAW & JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to the conflicts of laws provisions. Any disputes arising out of or in connection with these Terms of Use shall be subject to the jurisdiction of the courts of the Commonwealth of Pennsylvania.
Effective Date: June 1, 2021| Version: 1.0