Terms & Conditions
Little Wren Farm Website
Terms and Conditions
Revised: April 8, 2021
Access and use of this website (“Website”) is granted by Little Wren Farm (also referred to herein as “we”, “us”, “our”) subject to these Terms and Conditions (“Terms”) all parts and sub-parts of which are specifically incorporated by reference here. Visitors, viewers, users, subscribers, members, affiliates, customers, or any entity accessing or using the Website, collectively referred to herein as “Visitors”, (also referred to herein as “you”, “your”) are parties (“Parties”) to the Terms. Headings of parts and sub-parts of the Terms are for convenience and organization only; headings shall not affect the meaning of any provisions of the Terms.
If Visitors have questions or concerns, Little Wren Farm can be contacted by at: info(at)littlewren(dot)farm. (This email address is spelled out here to minimize the chance that bots will harvest the email address for unintended use. To use the Little Wren Farm email address, simply replace “(at)” and “(dot)” with the referenced symbols, “@” and “.”) You may also contact us by mail at: Little Wren Farm, P.O. Box 1483, Northampton, MA 01060.
All communications made or notices given pursuant to the Terms shall be in the English language.
When purchasing a physical good, Visitors agree to provide Little Wren Farm with a valid email and shipping address, as well as valid billing information. Little Wren Farm reserves the right to reject or cancel an order for any reason, including errors or omissions in the information that Visitors provide to us. If an order is canceled after payment has been processed, Little Wren Farm will issue a refund in the amount of the purchase price. Little Wren Farm also may request additional information prior to confirming a sale and reserves the right cancel or to place any additional restrictions on the sale of any of products. Prices are subject to change. For questions, concerns, or disputes, Visitors agree to contact Little Wren Farm in a timely manner at the email address provided above.
Little Wren Farm does not take returns, but will, at its discretion, allow for the refund or replacement of defective products within 14 days from the date of delivery. After 14 days, all sales are final. Visitors agree to contact Little Wren Farm in a timely manner at the email address provided above.
INTELLECTUAL PROPERTY RIGHTS
All content on the Website, including but not limited to, all written text, sound and video recordings, images (including pictures and graphics), datasets, trademarks, service marks, trade names, and the selection and arrangement of these elements, is either the intellectual property of Little Wren Farm or is being used with permission of the holder of the copyright.
Visitors are granted limited license only for purposes of viewing the content on this Website. No other use is allowed without the prior written consent of Little Wren Farm, which may be denied in its sole discretion. Requests for permission from Little Wren Farm should be addressed to the email address provided above.
Visitors are specifically restricted from:
- Publishing any Website content in any other media without the prior written consent of Little Wren Farm;
- Downloading, copying, printing, displaying or using any Website content unless (i) a clearly identified download link is provided; (ii) explicit permission for copying, printing, displaying or use of specific content is given on the website; or (iii) prior written consent is obtained from Little Wren Farm;
- Selling, sublicensing and/or otherwise commercializing any Website material;
- Using this Website in any way that is or may be damaging to this Website or to Little Wren Farm;
- Using this Website in any way that impacts user access to the Website;
- Using this Website contrary to applicable laws and regulations, or in any way that may cause harm to the Website or to any person or entity;
- Uploading or otherwise disseminating any computer viruses or other software;
- Unlawfully gathering information about others;
- Engaging in any data mining, data harvesting, data extracting or any other similar activity (e.g. “scraping”) in relation to this Website; or
- Using this Website to engage in any advertising or marketing.
REVERSE ENGINEERING & SECURITY
Visitors agree not to undertake any of the following actions:
- a) Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Website;
- b) Violate the security of the Website through any means including but not limited to unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
Visitors are strictly prohibited from using the Website for spam activities, including gathering email addresses and personal information or sending commercial emails.
THIRD-PART LINKS & CONTENT
Little Wren Farm may, from time to time, and at any time without notice, modify the Terms. All modifications are in full force and effect immediately upon posting on the Website, and modifications replace any prior version of the Terms. Little Wren Farm will announce modifications with a Revised Date stated on the Terms. Visitors agree to refer to the Revised Date stated on the Terms to note modifications. Visitors have an affirmative duty, as part of the consideration for permission to view the Website, to keep themselves informed of modifications. Visitors’ use of the Website after modification means Visitors have accepted the changes. By using the Website, Visitors warrant that they have read and accepted the current Terms, including any modifications. In the event that Visitors fail to review modifications of the Terms, such failure shall be considered an affirmative waiver of the right to review the modified Terms.
The Website is provided “As Is”, with all faults, and Little Wren Farm makes no representations of warranties of any kind, express or implied, related to the Website or the materials contained on the Website. Visitors agree that use of the Website is at their sole and exclusive risk. Little Wren Farm does not warrant that any information on the Website is reliable, complete, or accurate. Little Wren Farm makes no warranties that the Website will meet Visitor’s needs or that the Website or its services will be uninterrupted, error-free, or secure. Visitors agree that any damage or loss that may occur to them from use of the Website is their sole responsibility and that Little Wren Farm is not liable for any such damage or loss.
Little Wren Farm undertakes to be accurate with information regarding the goods and services it offers, including product descriptions and images. However, Little Wren Farm does not guarantee the accuracy or completeness of information provided. Visitors purchase and use products and services at their own risk.
LIMITATION OF LIABILITY
In no event shall Little Wren Farm, or any of its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for damages, 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 use of the Website or any products procured using the Website, or for any other claim related in any way to use of the Website 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 Website or any content or product posted, transmitted, or otherwise made available via the Website.
Visitors hereby agree to hold harmless defend, and indemnify Little Wren Farm and its officers, directors, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors to the fullest extent from and against any and all liabilities, costs, demands, claims, causes of action, damages and expenses arising in any way related to use or misuse of the Website or Visitor’s breach of any of the provisions of the Terms.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using the Website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services.
The obligations and liabilities of the Parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.
ENTIRE AGREEMENT & SEVERABILITY
The Terms are the entire agreement between Little Wren Farm and Visitors in relation to Visitors’ use of this Website. No Little Wren Farm representative is authorized to waive any of the Terms except in a written communication specifically addressed to the requesting party. The Terms supersede and replace all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website. If any provision of the Terms is found to be invalid or unenforceable under any applicable law by a court of law or competent arbitrator, such provisions shall be deleted without affecting the remaining provisions herein. The remaining parts and subparts of the Terms shall continue in full force.
Little Wren Farm may need to interrupt access to the Website to perform maintenance or other services on a scheduled or unscheduled basis. Access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, and Little Wren Farm shall have no liability for any damage or loss caused as a result of such downtime.
In the event that Little Wren Farm fails to enforce any provision of the Terms, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of the Terms will not constitute a waiver of any other part or sub-part.
In case of a dispute relating to or arising out of the Terms, the Parties shall first attempt to resolve the dispute personally and in good faith. If personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Hampshire County Massachusetts, by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of the Terms, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the Commonwealth of Massachusetts. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by Little Wren Farm will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of the Terms, waive any rights they may have to a jury trial in regard to arbitral claims.
NO AGENCY, PARTNERSHIP, OR JOINT VENTURE
No agency, partnership, or joint venture has been created between the Parties as a result of the Terms. No Party has any authority to bind the other to third parties.
Little Wren Farm is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.