Terms of Service
Last Updated: 9/26/2022
These Terms of Service (“Terms”) provide detailed information about your use of our services. Please read them carefully.
Eligibility. By using our Sites, you warrant that you are 18 years of age or older and have the legal authority to enter into these Terms.
Account Creation and Communication Preferences. In order to access and use certain areas or features of our Sites, you need an account. By creating an account, you agree to receive communications from Smith Brothers Farms via email, phone, and other means. We may also send other communications – such as newsletters, special offers and surveys – via email and other means. You may opt out of receiving Smith Brothers Farms marketing and promotional emails at any time by following the instructions to unsubscribe, typically included at the bottom of the email.
Product Availability. We make every effort to deliver all the products on your order. Due to a variety of factors, we may limit or revise order quantities, make substitutions, or discontinue products at our sole discretion.
Product Ingredients and Nutritional Details. While we work to ensure that product information listed on our Sites is correct, product packaging may contain different information than that shown on our Sites and we do not warrant that descriptions are accurate, complete, reliable, current or error-free. We recommend that you always read labels, warnings, and directions before using or consuming a product, especially if you have food allergies or sensitivities.Food Safety. You are responsible for inspecting all products for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the perishable products you receive. To maintain the quality and integrity of the perishable products, we recommend that you immediately refrigerate or freeze all perishable products upon delivery. Depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for immediate and proper storage of your products prior to consumption. If you have any reason to believe that any product (perishable or otherwise) in your delivery or purchase is not suitable for consumption, contact us at firstname.lastname@example.org and discard the item. See Order Delivery & Fees section for information on delivery.
No Resale. You are not permitted to resell or otherwise use the products or services for commercial purposes.
Pricing. All prices are shown in U.S. dollars. While most products are not subject to tax, applicable taxes and other charges may apply and will be displayed in your total cost. We produce and sell many products that are "commodities", whose prices change continually. We reserve the right to change the price for any product, at any time and without notice. If a product price changes it will be updated on the Sites, and you can edit or remove those products from future deliveries at any time.
Payment. By providing a credit card, you authorize us to charge that credit card for the total amount of your orders, including any applicable taxes and other charges. We may also pre-authorize purchases to the credit card on file, at our sole discretion. If payment is not made in full in a timely manner, orders may be withheld, your weekly service may be canceled, and your account may be referred to a collection agency.
Order Delivery & Fees. Your order will be delivered on your scheduled delivery day. If your porch box is not out, or if roads or walkways to your home are not accessible, your milkman may skip your delivery, at their sole discretion.
Your order should arrive at roughly the same time each week. Inclement weather, road conditions, vehicle break-downs or other unforeseen issues may result in delivery delays. If your milkman is late, please be patient, knowing we are doing our best to make it to your home.
If your porch box is full, missing or damaged, your milkman may deliver your order in an insulated bag, or skip your deliver depending on the circumstances.
For orders over $10.00, delivery is free. For orders under $10.00, a delivery fee of $2.99 will be added to your order total. By placing an order, you agree to pay for the entire order, including the delivery fee, as applicable. We reserve the right to change the delivery fee and delivery fee threshold from time to time. We will provide notice of such changes within these Terms.
Cancellation. You may cancel your account at any time. Smith Brothers Farms may cancel your account at any time and at our sole discretion.
There are no fees or service charges to cancel your account. However, if you have unpaid invoices, you may be subject to fees associated with collection of those unpaid invoices.
At the time of cancellation, you will be required to pay all remaining invoices and balance due. If your milkman is unable to retrieve your porch box or your porch box has been damaged, you may be charged $60.00 for the cost of the porch box.
Third Parties. The Sites may utilize third parties to provide certain functionality, such as payment processing and personalization. We do not control the content, privacy policies, or practices of any third-party websites, applications, or services. We do not warrant the offerings of third-party providers or assume any responsibility or liability for their actions, services, or content.
Trademarks. “Smith Brothers Farms,” the Smith Brothers Farms logo and any other Smith Brothers Farms product or service names, logos or slogans that may appear on the Sites or products are trademarks of Smith Brothers Farms and may not be copied, imitated or used, in whole or in part, without our prior written permission.
User Conduct & Content. You agree that you are solely responsible for your conduct and content while accessing or using the Sites, and will not violate any law, contract, intellectual property or other third party right in your conduct or in content you post to the Sites. We reserve the right (but have no obligation) to remove, screen or edit user content posted on the Sites at any time and for any reason.
By uploading, posting or submitting user content to Smith Brothers Farms through the Sites or through our pages or feeds on third party social media platforms, you represent and warrant that (a) you own and control all of the rights to the user content or you have all necessary rights to post such user content, (b) you authorize Smith Brothers Farms to use such content in any manner and for any purpose whatsoever, and (c) the user content, does not violate these Terms or any applicable law or third party right.
Separate from user content posted on our Sites, you can submit questions, comments, suggestions, or other information via email, phone, messaging services or other means. Such information is non-confidential and shall become the property of Smith Brothers Farms to use for any purpose whatsoever.
NO WARRANTY. THE SITES AND SERVICES ARE PROVIDED “AS IS,” AND “AS AVAILABLE,” WITH NO WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITES, SERVICES, CONTENT, OR ELECTRONIC COMMUNICATIONS WE SEND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICES OR THE SITES WILL OPERATE WITHOUT ERROR OR INTERRUPTION, THAT THE CONTENT OF THE SITES OR ANY INFORMATION PROVIDED WILL BE COMPLETE OR ACCURATE, OR AS TO THE CONDUCT OF ANY USERS OR OTHER THIRD PARTIES.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, OR LOST PROFITS, COST OF COVER, LOSS OF DATA, LOST OPPORTUNITY OR INTERRUPTION OF BUSINESS, RESULTING FROM THE SERVICES, OPERATION OF THE SITES OR SERVICES, OR ACTIONS REGARDING THIRD PARTIES, REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING EXPRESS CONTRACT, IMPLIED CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR MISREPRESENTATION, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THE GREATER OF AMOUNTS YOU HAVE PAID US FOR PRODUCTS AND FOR ACCESS TO THE SERVICES AND $100 USD. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES, PRODUCTS, AND SERVICES IS AT YOUR SOLE RISK.
Contact Us. If you have any questions or concerns, please email us at email@example.com.