For Polyface Farm - https://polyfacefarms.com
Agreement between User and www.polyfacefarms.com
Welcome to www.polyfacefarms.com. The www.polyfacefarms.com website (the "Site") is
comprised of various web pages operated by Polyface Inc ("Polyface"). www.polyfacefarms.com
is offered to you conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein (the "Terms"). Your use of www.polyfacefarms.com constitutes
your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for
your reference.
www.polyfacefarms.com is an E-Commerce Site.
Our purpose is to provide food-conscientious consumers with access to quality grass-fed meat
and dairy products and connect them with the world-class Polyface Farm located in rural
Virginia.
Privacy
Your use of www.polyfacefarms.com is subject to Polyface's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.polyfacefarms.com or sending emails to Polyface constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise
transfer your account to any other person or entity. You acknowledge that Polyface is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Polyface and its associates reserve the right to refuse or cancel service, terminate
accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Polyface does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.polyfacefarms.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
Subscriptions can be canceled at any time, but cancelations made less than seven (7) days prior
to delivery date may not qualify for a refund. If you are not satisfied with your order, we will
provide a full refund of product costs (less shipping where applicable) as a site credit for use on
future order(s).
Links to Third Party Sites/Third Party Services
www.polyfacefarms.com may contain links to other websites ("Linked Sites"). The Linked Sites
are not under the control of Polyface and Polyface is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Polyface is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Polyface of the site or any association with
its operators.
Certain services made available via www.polyfacefarms.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.polyfacefarms.com domain, you hereby acknowledge and consent that Polyface may share
such information and data with any third party with whom Polyface has a contractual
relationship to provide the requested product, service or functionality on behalf of
www.polyfacefarms.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
www.polyfacefarms.com strictly in accordance with these terms of use. As a condition of your
use of the Site, you warrant to Polyface that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Polyface or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Polyface content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Polyface and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of Polyface or our licensors except as expressly authorized by these
Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively,
"Communication Services"). You agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the particular Communication
Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name,
material or information; upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity) unless you own or control the
rights thereto or have received all necessary consents; upload files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation of another's
computer; advertise or offer to sell or buy any goods or services for any business purpose, unless
such Communication Service specifically allows such messages; conduct or forward surveys,
contests, pyramid schemes or chain letters; download any file posted by another user of a
Communication Service that you know, or reasonably should know, cannot be legally distributed
in such manner; falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other material contained
in a file that is uploaded; restrict or inhibit any other user from using and enjoying the
Communication Services; violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service; harvest or otherwise collect information
about others, including e-mail addresses, without their consent; violate any applicable laws or
regulations.
Polyface has no obligation to monitor the Communication Services. However, Polyface reserves
the right to review materials posted to a Communication Service and to remove any materials in
its sole discretion. Polyface reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
Polyface reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in Polyface's sole discretion.
Always use caution when giving out any personally identifying information about yourself or
your children in any Communication Service. Polyface does not control or endorse the content,
messages or information found in any Communication Service and, therefore, Polyface
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized Polyface spokespersons, and their views do not necessarily reflect those of Polyface.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to www.polyfacefarms.com or Posted on Any Polyface Web Page
Polyface does not claim ownership of the materials you provide to www.polyfacefarms.com
(including feedback and suggestions) or post, upload, input or submit to any Polyface Site or our
associated services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Polyface, our affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Polyface is under no obligation to post or use any Submission you may provide and may remove
any Submission at any time in Polyface's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in
this section including, without limitation, all the rights necessary for you to provide, post,
upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Polyface from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the Polyface Content accessed
through www.polyfacefarms.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Polyface, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of
any rights of a third party, or your violation of any applicable laws, rules or regulations. Polyface
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with
Polyface in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a
single neutral arbitrator and administered by the American Arbitration Association, or a similar
arbitration service selected by the parties, in a location mutually agreed upon by the parties. The
arbitrator's award shall be final, and judgment may be entered upon it in any court having
jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of
or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs
and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to
these Terms and Conditions or any disputes arising as a result of these Terms and Conditions,
whether directly or indirectly, including Tort claims that are a result of these Terms and
Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and
enforcement of this provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration provision shall
survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Polyface agree otherwise, 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.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. POLYFACE INC AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
POLYFACE INC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. POLYFACE INC AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL POLYFACE INC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY
TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
POLYFACE INC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE SITE.
Termination/Access Restriction
Polyface reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the Commonwealth of Virginia and
you hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes
arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Polyface as a result of this agreement or use of the Site. Polyface's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of Polyface's right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the Site or information provided to or gathered
by Polyface with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the
user and Polyface with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Polyface with respect to the Site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Polyface reserves the right, in its sole discretion, to change the Terms under which
www.polyfacefarms.com is offered. The most current version of the Terms will supersede all
previous versions. Polyface encourages you to periodically review the Terms to stay informed of
our updates.
Contact Us
Polyface welcomes your questions or comments regarding the Terms:
Polyface Inc
43 Pure Meadows Ln
Swoope, Virginia 24479
Email Address:
polyfacefarms@gmail.com
Telephone number:
540-885-3590
Effective as of December 13, 2023