Please read these Terms and Conditions carefully before using our Services as they set forth legal rights and obligations. If you cannot agree to these Terms and Conditions, you must discontinue use of this Website and our Services.
Model Farm LLC’s Website and Services are available to users who are 21 years of age or older (“Legal Age”). Usage of our Services by persons under the Legal Age shall be deemed unauthorized and a violation of these Terms and Conditions.
ACCEPTANCE OF TERMS AND CONDITIONS
By using our Services, accessing the website, downloading an asset and/ or making (or attempting to make) a purchase from us, you agree to be bound by these Terms and Conditions.
We reserve the right to refuse service to anyone for any reason at any time.
The Services offered are available to users who are 21 years of age or older.
By using the Services, you represent and warrant that you are at least 21 years old.
You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and Conditions and to perform your obligations hereunder, and nothing contained in these Terms and Conditions or in the performance of such obligations will place you in breach of any other contract or obligation.
- PURCHASES THROUGH THE SERVICE
Transactions Involving Alcohol
Alcoholic Beverages may only be purchased by consumers who are 21 years of age in jurisdictions that permit such purchase and are otherwise legally permitted to purchase, possess and consume alcoholic beverages.
Purchasers (or any persons attempting to purchase Alcoholic Beverages) expressly represent and warrant that you are of Legal Age and understand you will be required to (1) confirm you are of Legal Age at checkout; and (2) provide government-issued photo identification to the delivery person upon delivery of your purchase. Valid forms of identification include but are not limited to: (i) a valid motor vehicle operator’s license, (ii) a passport issued by the U.S. or by a foreign government, or (iii) a valid identification card issued to a member of the Armed Forces that includes a date of birth and a picture, showing your Legal Age.
By utilizing this Service from MF, the purchaser is representing that they are acting in a fashion compliant with their local and state laws regarding the purchase, transportation, and delivery of Alcoholic Beverages. The purchaser represents that they have obtained any required permission, paid any required fees, is working through properly licensed intermediaries where required, are legally entitled to take possession in the quantities ordered in said jurisdiction.
- MODIFICATIONS TO THE SERVICES AND PRICES
We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) or change the prices of our products without notice at any time. We shall not be liable for any modification, price change, suspension, or discontinuance of the Services.
- INTELLECTUAL PROPERTY RIGHTS
All content on the Services (including, but not limited, text, designs, graphics, logos, icons, images, downloads, interfaces, information, code and software, and the and may be protected by copyright, trademark, and other applicable laws.
Your access to and use of the Services does not grant you any license or right to use any trademark, logo, or service mark displayed on the Services except as expressly authorized herein. MF retains full and complete title to, and reserves all rights in the material on the Services, including all associated intellectual property rights.
All Website Data used on the Services is the property of MF and protected by United States and international copyright laws. Subject to these Terms and Conditions, MF hereby grants you a limited, revocable, non-exclusive, non-sublicensable, non-assignable license to use the Services and/or Approved Content as set forth herein and for your informational purposes. This license does not include any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Services;
All rights not expressly granted herein are reserved. You agree to abide by all additional restrictions displayed on the Services, as they may be updated from time to time.
- ERRORS, INACCURACIES AND OMISSIONS
On occasion there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated.
- DISCLAIMER OF WARRANTIES
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, APPROVED CONTENT, OR OTHER MATERIAL DOWNLOADED, PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICES (INCLUDING APPROVED CONTENT), AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) ARE 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.
IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO CASE SHALL MF, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICES 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 SERVICES, APPROVED CONTENT, OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, APPROVED CONTENT, 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 SERVICES, APPROVED CONTENT, OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR PERSONAL INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.
UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT MF IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO MF IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF MF FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY MF’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY MF’S FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MF AND YOU.
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.
To the fullest extent allowed by applicable law, you agree to indemnify, defend and hold harmless MF, its 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 you and/or any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference or your violation of any law or the rights of a third-party. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide reasonable notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). You and your company (if applicable) shall have the option to undertake and conduct the defense of any such Claim. You and your company (if applicable) shall keep MF fully apprised of all developments in such action and shall not enter into any settlement or admit liability or fault without MF’s full prior written approval; and at the request and sole expense of you and your company (if applicable), MF agrees to reasonably assist and cooperate with you and your company in any such action.
This provision does not require you to indemnify MF for any unconscionable commercial practice by MF or for negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact by MF. You agree that the provisions in this section will survive any termination of your account, these Terms and Conditions or your access to the Services, including the purchase of any items on the Services.
If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate by deactivating your account or ceasing to use our Services. We are also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms and Conditions. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms and Conditions.
Even after your right to use the Services is terminated, these Terms and Conditions will remain enforceable.
Provisions that, by their nature, should survive termination of these Terms and Conditions shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, and any terms regarding ownership or intellectual property rights.
Electronic Communications. You agree to receive communications from MF or our subsidiaries, affiliates, partners, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees. You agree to retain copies of these communications (such as emails, texts, or other messages on the Services) for your records. You agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that MF provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in written form.
Force Majeure. MF shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, pandemics, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim (except for enforcing the Indemnification provision above) arising out of or related to the Terms and Conditions and/or Services must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Governing Law and Jurisdiction
The Agreement will be governed by California law, without regard to its conflicts of laws principles. FOR ANY CLAIM BROUGHT BY ANY PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN CALIFORNIA.
Notice. Where MF requires that you provide an email address, you are responsible for providing MF with your most current email address. In the event that the last email address you provided to MF is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms and Conditions, MF’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to MF at the following address: MF, PO BOX 371, Yorklyn, DE 19736. The notice must also be sent via email to: email@example.com. Such notice shall be deemed given when received by MF by letter delivered at the above address postal address and email address.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. These Terms and Conditions and any policies or operating rules posted by us through the Services (including but not limited updates posted via pop-up on the Services) constitute the entire agreement and understanding between you and us and govern your use of the Services, 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 the Terms and Conditions). These Terms and Conditions shall not be modified by any of: (i) course of performance between the parties; (ii) course of conduct or dealing between the parties; or (iii) applicable trade practice.
Waiver. The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
Severability. In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- CHANGES TO TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions. The most current version of the Terms and Conditions will be posted on the Services and it is your responsibility to check our website periodically for changes. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means such as email. Your continued use of the Services following the effective date of any changes to these Terms and Conditions constitutes acceptance of those changes. If you do not agree to the new Terms and Conditions, you may not use the Services.
- CONTACT INFORMATION
If you have any questions or concerns with respect to these Terms and Conditions or the Services, or to report any violations of these Terms, please contact us at firstname.lastname@example.org.