TERMS AND CONDITIONS
Byron Creek Farms (the “Company”) and its affiliates are not responsible for misuse of any product sold through the site. All products sold on the Byroncreekfarms.com website (the “Site”) are produced in the United States. CBD (Cannabidiol) is extracted from industrial hemp. Cannabidiol Is the non-psychoactive part of the plant.
MADE in OREGON USA. No Chemicals added, No Nicotine.
Ingredients vary by product. Please review ingredient details on product pages for more information. Please reach out to firstname.lastname@example.org if no ingredients are available.
All products on the site are nicotine free. No product sold on the site should be used as a smoking cessation device. No product sold on byroncreekfarms.com is permitted for use for anyone under 18 years of age. Keep away from children. This product is not for use if you are pregnant or nursing. Byron Creek Farms (the “Company”) and its affiliates are not responsible for misuse of any product sold through the site.
Please be informed that all payments through this website for your purchase(s) will be processed through the following company:
Square Capital LLC.,
1455 Market Street
Suite 600, MSC 715
San Francisco, CA 94103
1455 Market Street
San Francisco, CA 94103
AGREEMENT BETWEEN USER AND BYRON CREEK FARMS
The Byroncreekfarms.com website (the “Site”) consists of various web pages operated by Byron Creek Farms (the “Company”) and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of byroncreekfarms.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. byroncreekfarms.com is an E-commerce Site that provides high quality CBD products.
Not Healthcare Advice
This site is not intended to provide medical advice, diagnosis or treatment. The products, information, services and other content provided on and through this Site, including information that may be provided on the Site directly or via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.
The information provided on this Site and Linked Sites (as defined), including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your Healthcare Professional, or any information contained on or in any product label or packaging.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet or exercise program or before adopting any treatment for a health problem. Each person is different, and the way you react to a particular product may be significantly different from the way other people react to such products. You should also consult your Healthcare Professional regarding any interactions between any medication you are currently taking and nutritional supplements.
Byron Creek Farms makes no representation regarding how the use of Byron Creek Farms will affect or alter the results of any drug test, and Byron Creek Farms takes no responsibility for the results of any test or damages incurred by you due to those results. You should consult the manufacturer, testing lab, and administrator of the test for more information regarding the effects of a CBD product on the test result.
Information and statements regarding CBD, CBD oil, CBD tinctures or any other derivative of CBD have not been evaluated by the FDA and are not intended to diagnose, treat, cure or prevent any disease. If you are pregnant, or think you may be pregnant, consult your healthcare professional before using any product sold on byroncreekfarms.com.
Using any form of hemp product does not guarantee you will pass a drug test. All full spectrum hemp products contain trace amounts naturally occurring THC the same way poppy seed bagels contain trace amounts of opiates and fruit juice contains trace amounts of alcohol from naturally occurring fermentation. It is highly unlikely to fail a drug test since hemp THC content is so low, but it is not impossible. Use caution when using any type of hemp product. If failing a drug test is detrimental to your occupation or lifestyle, do not use hemp products as they all have a small amount of risk involved.
Applicable Law; Jurisdiction; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal laws, and the laws of the State of Oregon in the United States, without regard to its choice of law provisions.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. We each agree that any arbitrator hearing a claim may not: (i) combine more than one individual’s claim or claims into a single case; (ii) order, require, participate in or facilitate production of class-wide contact information or notification of others of potential claims; or (iii) arbitrate any form of a class, collective, or representative proceeding. If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
If any provision of this Agreement is deemed illegal or unenforceable, the remainder of this Agreement shall continue to be fully valid, binding, and enforceable. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”
By agreeing to the terms of conditions herein, the purchaser of products from Byroncreekfarms.com agrees as follows:
All products purchased are for personal consumption only, and may not be used for any other prohibited purpose without the express written consent of Byron Creek Farms. Prohibited purposes shall include without limitation, purchase for resale of products to wholesalers or retail customers; purchase for testing, screening, or analysis, for the purpose of reverse engineering or acquisition of Byron Creek Farms proprietary information; purchase for the purpose of evaluating, offering or terminating credit or merchant processing services that are being provided to Byroncreekfarms.com by purchaser, its client, employee, or associate.
Purchaser expressly agrees that violation of this policy will cause Byroncreekfarms.com to incur costs and expenses not contemplated under the terms of purchaser’s transaction. Those include without limitation bank fees, finance charges, attorney fees, accounting expenses, administrative costs, and lost revenue. Therefore Purchaser agrees to pay Byroncreekfarms.com liquidated damages in the amount of $100,000 per occurrence for any violation of the use policy. Purchaser and Byroncreekfarms.com agree that this represents a reasonable estimate of costs and expenses incurred by Byroncreekfarms.com from Purchaser’s violation of the use policy, and is fair compensation to Byroncreekfarms.com for its losses caused by Purchaser’s violation of the use policy. Acceptance of liquidated damages shall not constitute a waiver of Purchaser’s default with respect to such nonpayment by Purchaser nor prevent Byron Creek Farms from exercising any other rights and remedies available by law.
This Agreement constitutes the entire and only Agreement between Byron Creek Farms and each user of this Site with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement.
The failure of Byron Creek Farms to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement.
Visiting Byron Creek Farms or sending emails toByron Creek Farms 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.
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 Byron Creek Farms is not responsible for third party access to your account that results from theft or misappropriation of your account. Byron Creek Farms and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
Byron Creek Farms 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 byroncreekfarms.com only with permission of a parent or guardian.
Upon placing an order, we process them in the order they are received. Our goal is to ship all orders that are received by 2pm PST M-F business days only the day following any order (excludes holidays). This includes any shipments that are drop shipped by our various vendors. This policy may be delayed during peak shopping times and may delay your order 1-5 business days from being shipped. If the order is on backorder there will be a delay in your purchase, and you will be contacted by a customer service representative if your item becomes no longer available and an immediate refund will be given.
Links to third party sites/Third party services
Byroncreekfarms.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Byron Creek Farms. We are 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. Byron Creek Farms is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Byron Creek Farms of the site or any association with its operators.
Certain services made available via byroncreekfarms.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the byroncreekfarms.com domain, you hereby acknowledge and consent that Byron Creek Farms may share such information and data with any third party with whom Byron Creek Farms has a contractual relationship to provide the requested product, service or functionality on behalf of byroncreekfarms.com users and customers.
No unlawful or prohibited use/Intellectual Property
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 email addresses, without their consent; violate any applicable laws or regulations. Byron Creek Farms has no obligation to monitor the Communication Services. However, Byron Creek Farms reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Byron Creek Farms reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Byron Creek Farms 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 Byron Creek Farms sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Byron Creek Farms does not control or endorse the content, messages or information found in any Communication Service and, therefore, Byron Creek Farms 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 Byron Creek Farms spokespersons, and their views do not necessarily reflect those of Byron Creek Farms. 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 byroncreekfarms.com or posted on any Byron Creek Farms web page
Byron Creek Farms does not claim ownership of the materials you provide to byroncreekfarms.com (including feedback and suggestions) or post, upload, input or submit to any Byron Creek Farms or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Byron Creek Farms, 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. Byron Creek Farms is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Byron Creek Farms 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.
Third Party Accounts
You will be able to connect your Byron Creek Farms account to third party accounts. By connecting your Byron Creek Farms account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by SingleSeed 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 Byron Creek Farms Content accessed through byroncreekfarms.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless SingleSeed, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ 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. SingleSeed 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 SingleSeed in asserting any available defenses.
Byron Creek Farms 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 State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon 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 Byron Creek Farms as a result of this agreement or use of the Site. Byron Creek Farms performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Byron Creek Farms 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 Byron Creek Farms 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 Byron Creek Farms with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Byron Creek Farms 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
Byron Creek Farms reserves the right, in its sole discretion, to change the Terms under which byroncreekfarms.com is offered. The most current version of the Terms will supersede all previous versions. Byron Creek Farms encourages you to periodically review the Terms to stay informed of our updates.