Terms of Service

OVERVIEW

This website is operated by Colvin Ranch. Throughout the site, the terms “we”, “us” and “our” refer to Colvin Ranch. Colvin Ranch offers this website, including all information, tools and Services available from this site to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ELIGIBILITY
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you have given us consent to allow your minor dependents to use this site. 

SECTION 2 - USER CONDUCT AND PROHIBITED USES
You may not use this site or our Products or Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature, collect or track the personal information of others, or spam, phish, pharm, pretext, spider, crawl, or scrape our site. You agree that you will not engage in any unlawful, offensive, threatening, libelous, defamatory, abusive, obscene, or otherwise objectionable conduct, or violate any party’s intellectual property, copyright, or trademark. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. Any reliance on the material on this site is at your own risk. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. 

Occasionally there may be information on our site or in the Service 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 Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 4 - PRODUCTS OR SERVICES
Certain Products or Services may be available exclusively online through the website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.

We have made every effort to display as accurately as possible the colors and images of our Products that appear at the store. Products you receive in your order may vary from those displayed on our site due to natural variability and differences in how images and text are displayed on your computer or mobile device. 

We reserve the right to refuse any order, or discontinue and/or limit the sales of our Products or Services to any person, geographic region, or jurisdiction. All descriptions of Products or product pricing are subject to change at any time without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. Any offer for any Product or Service made on this site is void where prohibited. You are not permitted to resell or otherwise use the Products or Services for commercial purposes. 

SECTION 5 - PAYMENTS AND BILLING
You agree to provide current, complete, and accurate information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 6 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

SECTION 7 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. Please review the third-party's policies and practices before you engage in any transaction. 

SECTION 8 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are under no obligation (1) to maintain any comments in confidence; (2) to provide acknowledgement or pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or remove content at our sole discretion.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 - PERSONAL INFORMATION AND COMMUNICATION
Your submission of personal information through the store is governed by our Privacy Policy. By creating an account with us, you also consent to receive electronic communications from Colvin Ranch. These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

SECTION 10 - DELIVERIES AND USE OF PRODUCTS
To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper handling, preparation, storage, cooking, use, and consumption of the Products. We recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat and other applicable items are cooked to the USDA’s recommended internal temperatures.

SECTION 11 - CANCELLATIONS
You may cancel your order before it has been processed. Once your order has been processed, it can not be canceled, refunded, or returned. For meat shares, you may cancel your order up to one month prior to harvest date. Meat share deposits are non-refundable. 

SECTION 12 - REFUNDS AND RETURNS
All sales are final. Once your order is processed, we are unable to accept returns or offer refunds. 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) 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.

In no case shall Colvin Ranch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service 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 Service or any Products procured using the Service, or for any other claim related in any way to your use of the Service 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 Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. 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.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Colvin Ranch and our parent, 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 any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. 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 (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, 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 of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.