Lovelight Herb Farm
Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (“Site”).
This Agreement (the “Agreement”) is an agreement between you and Lovelight Herb Farm (“LHF”) that states the terms and conditions under which you may use the Site and receive the LHF service, which includes processing and delivery of product orders. Your use of the LHF Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the LHF Service.
If you have any questions about this Agreement or the Site please email lovelightherbs@gmail.com.
Access to the LHF Service
Access.
You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the LHF Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder. You acknowledge that from time to time the LHF Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which LHF may undertake from time to time; or (iii) causes beyond the control of LHF or which are not reasonably foreseeable by LHF.
User Names and Passwords.
Access to customer specific order information through the LHF Service is accomplished through the use of a user name and a password that you will create in the registration process. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the LHF Service with your password. You agree to notify LHF promptly of any unauthorized use of your password and you will remain liable for any use of the LHF Service until you notify LHF of the unauthorized use of your password.
Your Account.
You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the LHF Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the My Account area on the Site or contact our Customer Service department. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to LHF, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. LHF’s secure server encrypts your credit card information so that it cannot be read as the information travels over the Internet. When our registration or order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card number prior to transmission over the Internet using secure socket layer (SSL) encryption technology. This technology works best when the Site is viewed using Microsoft’s Internet Explorer or Mozilla Firefox.
Corrections.
If you would like to update or correct information previously provided to us through registration, please send an e-mail with your new information to lovelightherbs@gmail.com or you can update your account information yourself by going to My Account on the Site.
Privacy Policy.
Please review our Privacy Policy, which also governs your visit to the Site and use of the LHF Service, to understand our practices.
Acceptable Use Policy.
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the LHF Service, which includes, without limitation, use of the LHF Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the LHF Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by LHF to be in conflict with the spirit or intent of this Agreement.
Warranty Disclaimer; Limitation of Liability; Indemnification.
YOU EXPRESSLY AGREE THAT USE OF THE LHF SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE LHF SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LHF DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE LHF SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE LHF SERVICE; LHF DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. LHF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE LHF SERVICES. LHF DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER LHF NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, “LHF PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE LHF SERVICE, OR THE INTERNET. LHF’S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE LHF SERVICE AND TO TERMINATE THIS AGREEMENT. LHF RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The material in the Site is provided for lawful purposes only. LHF controls and operates this Site from its headquarters in Elmira, Or., USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.
You agree to defend, indemnify, and hold LHF Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
Termination.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. LHF may suspend or terminate this Agreement or the LHF Service or remove or disable access to any portion of the LHF Service at any time for any reason with or without notice to you. You may terminate this Agreement and your LHF Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. LHF reserves the right to collect fees and charges incurred before you cancel your LHF Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
LHF Service
Ordering through the Site.
Orders that are placed at the Site may take as long as two weeks to arrive at your location. Orders are generally processed within 24 hours and shipped within three days.
Price and Availability.
LHF believes in offering the best product at the best price. Although our goal is to fulfill 100% of each order, from time to time products may be unavailable due to market conditions beyond our control. We reserve the right to limit your order or the quantity of a particular product that you may order. If we are unable to fulfill your entire order we will make every reasonable effort to communicate changes in quantity and price. Once you complete checkout, your price is guaranteed. When substitutions are allowed the price for the substituted items will be the price charged. We will not charge the original item price for the substituted item. We will make decisions with customer’s value in mind. For instance we will not substitute an on sale item with an item that is not on sale.
Delivery of Products.
LHF uses the United States Postal Service (USPS) for the delivery of all orders. Please allow a minimum of two weeks for delivery
Payment.
At the time you place your order with LHF using your credit card a funds authorization is placed on your card. This is a pending transaction against your account. This pending transaction will remain until your order is either completed or cancelled. When the order is picked up/delivered the corrected balance due to LHF will be captured from the available funds pending against your credit card. All credit cards are verified against certain portions of the credit card owner’s address and check code. If a customer disputes a transaction through the credit card company and that transaction results in a chargeback to LHF, we will file a lawsuit within the jurisdiction of the transaction to recover court fees, chargeback transaction fee, original transaction amount, and damages in relation to the mark on our credit score. Any disputes concerning your credit card transaction must first be addressed to LHF customer service to avoid chargeback situations. Customers may pay by check or money order. When using the web site the option is given to pay by check instead of a credit card. When we receive a check for your order we will deposit the check into our account. Your order cannot be processed until your check has cleared the bank, which may take up to 10 working days. In order to have your order processed, we must receive your check at least 7 working days before the order due date. In the event that a check is returned to us, a $10 additional fee will apply to the next order, and we will make attempts to recover any bank charges or other costs using various means.
License and Proprietary Rights
Copyright and Ownership.
All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, LHF. Consent is granted to view, electronically copy, and print in hard copy portions of this Site for the sole purpose of placing an order with LHF for your use. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of LHF is strictly prohibited. You acknowledge that LHF and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. LHF reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from LHF.
Trademarks.
“LHF,” all LHF logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of LHF or otherwise proprietary to LHF and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the LHF Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the LHF Service.
Miscellaneous
Notices.
LHF may give notice to you of a change in this Agreement, a change in the LHF Fee Schedule, and any other matter through a general posting on the LHF Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to LHF by electronic mail at lovelightherbs@gmail.com or by conventional mail to:
Lovelight Herb Farm
25987 Jeans Rd
Veneta, OR 97487
Entire Agreement.
This Agreement and the Privacy Policy referred to herein represent your entire agreement with LHF regarding the use of the LHF Service and the Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, LHF, and LHF Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of Oregon without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with LHF or relating in any way to your use of the LHF Service or the Site resides in the federal and state courts of Alaska and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Alaska in connection with any such dispute, including any claim involving LHF Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.
Third-Party Beneficiaries.
The provisions of this Agreement are for the benefit of LHF Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your LHF Service.
Amendment.
LHF may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on November 13, 2017.