Terms of Service

For Sparrow Hill Farm - https://sparrowhillfarm.net

Website Terms and Conditions of Use



1. Terms



By accessing this Website, accessible from sparrowhillfarm.net, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.



2. Use License



Permission is granted to temporarily download one copy of the materials on Sparrow Hill Farm's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:




modify or copy the materials;

use the materials for any commercial purpose or for any public display;

attempt to reverse engineer any software contained on Sparrow Hill Farm's Website;

remove any copyright or other proprietary notations from the materials; or

transferring the materials to another person or "mirror" the materials on any other server.



This will let Sparrow Hill Farm to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format. These Terms of Service has been created with the help of the Terms Of Service Generator.



3. Disclaimer



All the materials on Sparrow Hill Farm’s Website are provided "as is". Sparrow Hill Farm makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, Sparrow Hill Farm does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.



4. Limitations



Sparrow Hill Farm or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on Sparrow Hill Farm’s Website, even if Sparrow Hill Farm or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.



5. Revisions and Errata



The materials appearing on Sparrow Hill Farm’s Website may include technical, typographical, or photographic errors. Sparrow Hill Farm will not promise that any of the materials in this Website are accurate, complete, or current. Sparrow Hill Farm may change the materials contained on its Website at any time without notice. Sparrow Hill Farm does not make any commitment to update the materials.



6. Links



Sparrow Hill Farm has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by Sparrow Hill Farm of the site. The use of any linked website is at the user’s own risk.



7. Site Terms of Use Modifications



Sparrow Hill Farm may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.



8. Your Privacy



Please read our Privacy Policy.



9. Governing Law



Any claim related to Sparrow Hill Farm's Website shall be governed by the laws of us without regards to its conflict of law provisions.Sparrow Hill Farm Messaging Terms & Conditions


Effective Date: January 18, 2022


This SMS message program is a service of Sparrow Hill Farm. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from Sparrow Hill Farm. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give Sparrow Hill Farm permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply.



Message frequency may vary. Sparrow Hill Farm reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Sparrow Hill Farm also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so.



Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Sparrow Hill Farm, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.



By enrolling in the Sparrow Hill Farm messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our Sparrow Hill Farm Terms of Use and Sparrow Hill Farm Privacy Policy.



Cancellation


Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that
Sparrow Hill Farm
and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Sparrow Hill Farm through any other programs you have joined until you separately unsubscribe from those programs.



Help or Support


Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.



No Warranty


TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.



Limitation of Liability


TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF Sparrow Hill Farm OR ANY PARTY ACTING ON BEHALF OF Sparrow Hill Farm BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO Sparrow Hill Farm HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF Sparrow Hill Farm HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE Sparrow Hill Farm MESSAGING PROGRAM. Sparrow Hill Farm AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.



Indemnity


To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless Sparrow Hill Farm, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from Sparrow Hill Farm or its service providers.



Dispute Resolution



General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from Sparrow Hill Farm or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Sparrow Hill Farm ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.


Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Sparrow Hill Farm to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.


Arbitrator. Any arbitration between you and Sparrow Hill Farm will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.


No Class Actions. YOU AND Sparrow Hill Farm AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sparrow Hill Farm agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and Sparrow Hill Farm are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.


No Class Actions. YOU AND Sparrow Hill Farm AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Sparrow Hill Farm agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.


Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Sparrow Hill Farm makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Sparrow Hill Farm’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Sparrow Hill Farm.


Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.



Changes to the Messaging Terms


We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from Sparrow Hill Farm after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.



Entire Agreement/Severability


These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and Sparrow Hill Farm concerning the Messaging Program.



Contact


Please contact us with any inquiries or concerns at sparrowhillfarmwi@gmail.com or write to us at: N3927 County Road J, Monroe WI 53566.