These terms and conditions outline the rules and regulations for the use of Thimbleberry Mountain Farm’s Website.
Welcome to thimbleberrymountainfarm.com. The website is operated by Thimbleberry Mountain Farm.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Thimbleberry Mountain Farm’s website if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.
User-Created Content
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
You hereby grant to Thimbleberry Mountain Farm a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Ordering
By completing and submitting an electronic order form, you are making an offer to purchase goods which, if accepted by us, will become a binding contract between two parties (you and Thimbleberry Mountain Farm). Please note that the products ordered will not be sent until we have received an authorization from your payment card issuer. We do not bear responsibility for any delay in receiving such authorization, and your order will not be accepted if payment is not authorized.
We do not bear responsibility to accept your order, especially in -and not limited to- the following cases:
- If we do not have the products in stock.
- If your payment is not authorized.
- If upon review, we discover an error on our website regarding the price or any other details regarding the products you wished to order.
We reserve the right to refuse any order.
In the event that an error is made by the customer when ordering, Thimbleberry Mountain Farm do not bear responsibility for such error. We will do our best to resolve any issues with customers as long as such issues are brought before us prior to shipping. Changes cannot be made to an order once shipped.
Modification of Pricing
The price you pay is the price of the products indicated at the time you place your order. Discounts or price changes reflected on our website at a later date are not retroactive. All discounts are offered at the discretion of Thimbleberry Mountain Farm and may be revoked at any time.
Subscriptions
In the event that an item in your subscription order is out of stock, Thimbleberry Mountain Farm will take steps to contact you to fulfill the out-of-stock item with a replacement item of the same product style. Failure to respond will cause partial shipping of your subscription box, and the remaining items will be fulfilled once back in stock.
Website Content Ownership and Use
The website and its contents, which include text, graphics, photographs, illustrations, audio, data, code, video, trademarks, taglines, slogans, trade names and any other materials made accessible through the website (collectively, the “Materials”), are owned or controlled by Thimbleberry Mountain Farm or the party otherwise credited as the owner of such Materials. Your use of the website does not grant you ownership of the website or any of the Materials. Expect as expressly stated herein, none of the Materials may be copied, distributed, downloaded, reproduced, republished or transmitted in any form or by any means without prior written permission of authorized personnel of Thimbleberry Mountain Farm. You may not use data-mining, bots or any other techniques to extract information from the website.
Website Errors
We strive to ensure that the information we provide on our website is accurate, complete, and current. However, there may be occurrences when information about a product contains inaccurate or incomplete data, including data about our product ingredients and product availability. Thimbleberry Mountain Farm makes no guarantee that information on the website is error-free, complete or current. We reserve the right to correct and/or update the content on the website at any time without notice.
Third Party Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Disclaimer of Warranty, Release of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
The content on the website is provided for informational purposes only. We do not provide medical advice regarding the diagnosis, prevention, mitigation or treatment of any condition, circumstances or disease, nor do we recommend or endorse any specific tests, physicals, products, opinions, or any other information that may be mentioned on the website. The website content is not intended to be a substitute for professional medical advice regarding the diagnosis, prevention, mitigation or treatment of any condition. Never disregard professional medical advice, or delay in seeking such advice, on account of something have you have read on the website. If you think you may have a medical emergency, call 911 and your doctor immediately.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall Thimbleberry Mountain Farm, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Thimbleberry Mountain Farm and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Severability
In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Contact Information
If you have any queries regarding any of our terms, please contact us.
Effective date July 1, 2022
