Conditions of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to the EverwoodFarm.com web site (the "Site").

Everwood Farm ("Everwood Farm," "we" or "us") provides services subject to the terms and conditions (collectively, the "Conditions") as set out below. We reserve the right to change the Site and these terms and conditions at any time. By accessing, browsing, or shopping on this website, you agree to the Conditions in this agreement. Please read them carefully.

EverwoodFarm.com is a E-commerce Site
We provide Organic Fertilizers, soil amendments, Beneficial Insects, Pest Control products, Soil Testing Products, and other Ag related products.

Privacy
Your use of EverwoodFarm.com is subject to Everwood Farm's Privacy Policy and is included herein. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Use of the Site by Minors
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

Everwood Farm 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 EverwoodFarm.com only with permission of a parent or guardian.

Your Account
To make a purchase from the Site, you must register for an EverwoodFarm.com account (“Account”) by provide valid and verifiable contact and shipping and billing information.

You are responsible for keeping your account information (contact, shipping and billing details) up-to-date and your password secure. You agree to accept responsibility for all activities that occur under your account. Everwood Farm cannot and will not be liable for any loss or damage from your failure to maintain the accuracy amd the security of your account and password.

You may not use a "Third Party" payment method (i.e. a credit card belonging to another person), assign or otherwise transfer your account to any other person or entity, nor have more than one (1) account on this web site without prior written consent.

You acknowledge that Everwood Farm is not responsible for third party access to your account that results from theft or misappropriation of your account.

Everwood Farm and its associates reserve the right to reject your application for an account, cancel an existing account, or cancel service for any reason, at our sole discretion.

Order Changes or Cancelations:
Onders may be changed or canceled one hour prior to the shipping "cut-off" time. Please refer to the shipping tab on individual items for the cut-time for that specific item. There is a minimum $1 restocking fee on all canceled orders to cover credit card transaction fees.

Returns
All Sales Final. Everwood Farm is committed to maintaining the quality standards and safety of our products. Please consider, we assure the chain of custody of our products from our producers and suppliers to the end user; so our farmers can assure their patrons of quality produce.   We do not sell "seconds" nor will we ship you someones elses returned product.

Any product that is intended for use in agriculture, i.e. whether used in any phase of production or any application where the end product is used, or could be used for human consumption, cannot be returned or refunded. This includes pesticides, bio-controls, fertilizers, amendments, livestock (beneficial insects, nematodes, etc.) or any product intended for use in agriculture.

Viability of Livestock Shipments: Beneficial Insects, Nematodes, etc: 
Viability can only be guaranteed when shipped UPS Next Day, and someone is available in person to accept and inspect the Live Shipment immediately upon delivery.

Damaged or Defective Items
All items are shipped FOB-CI (carrier insured). If an item arrives damaged, please call us promptly at (503) 390-2637 for assistance.

If an item proves defective within 7 days of the date of delivery, you may return it for a full refund less shipping charges and credit card transaction fees where applicable. Returns must be in resaleable condition with original packaging intact and must include a Return Merchandise Authorization.

Please call us at (503) 390-2637 for a Return Merchandise Authorization. Use this RMA to send the product back to us, securely wrapped, freight prepaid, insured, and provide tracking information at the time of shipment. Please see Shipping & Returns page for more details.

For defective products still under manufacturer's warranty, please call us first at (503) 390-2637, as we may request you to ship the item directly back to the manufacturer.

Shipping
Everwood Farm's Shipping Policies are detailed in our Shipping Information page » and are included herein.

Everwood Farm ships within the Domestic 48 states, and with some limitations to Hawaii and Alaska.

Overseas and International Orders
Please email your request for an estimate. Overseas and International orders are typically not accepted due to the vast amount of paperwork required to execute this type of transaction. However, if you have an established account with an acceptable shipping agent, such as UPS or FedEx, we may allow a Will-Call pickup on your shipping account. For more information please see our Shipping Information page.

Re-sellers
If you are interested in reselling the products available on this web site, please use the Reseller Form provided on the Contact Us page.

The commercial use or resale of any products from this web site, without our written consent, is prohibited.

Pricing And Availability
While we make every effort to ensure the details, descriptions and prices which appear on this Website are accurate and up-to-date, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible

We cannot guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance. We will not be liable if for any reason all or any part of the Website is unavailable at any time for any length of time.

Everwood Farm reserves the right to terminate your access to any or all Site services at any time without notice for any reason whatsoever.

Reviews And Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary. No compensation will be paid with respect to the use of your Submission. Everwood Farm reserves the right to edit, refuse to post or to remove any information or materials, at whole or in part, in Everwood Farm's sole discretion.

Everwood Farm does not claim ownership of the materials you provide to EverwoodFarm.com (including feedback and suggestions) or post, upload, input or submit to any Everwood Farm Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Everwood Farm, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the world-wide, royalty-free, perpetual right 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.

You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party.

Email and Electronic Communications
Visiting EverwoodFarm.com or sending emails to Everwood Farm 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.

Everwood Farm specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any electronic communications.

Everwood Farm reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request at Everwood Farm's sole discretion.

Intellectual Property
All materials, including, but not limited tot ext, graphics, logos, and images are intended solely for personal, non-commercial use by the users of the Site and is the property of Everwood Farm or its suppliers and protected by copyright. You agree to observe and abide by all copyright and intellectual property rights.

You are granted a non-exclusive, non-transferable, revocable license to access and use EverwoodFarm.com strictly in accordance with these Conditions. 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.

Third Party Links and Services
EverwoodFarm.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Everwood Farm and Everwood Farm 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. Everwood Farm is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Everwood Farm of the site or any association with its operators.

Certain services made available via EverwoodFarm.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the EverwoodFarm.com domain, you hereby acknowledge and consent that Everwood Farm may share such information and data with any third party with whom Everwood Farm has a contractual relationship to provide the requested product, service or functionality on behalf of EverwoodFarm.com users and customers.

International Users
The Service is controlled, operated and administered by Everwood Farm 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 Everwood Farm Content accessed through EverwoodFarm.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 Everwood Farm, 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. Everwood Farm 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 Everwood Farm in asserting any available defenses.

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. EVERWOOD FARM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

EVERWOOD FARM 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. EVERWOOD FARM 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 EVERWOOD FARM 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 EVERWOOD FARM 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
The Federal Bureau of Investigation IC3 has identified Business E-mail Compromise (BEC) and E-mail Account Compromise (EAC) as sophisticated scam tactics. Therefore, the use of, including the plural forms of “Everwood”, “Everwood Farm” or “EF Farm” by individuals or parties not sanctioned by Everwood Farm in writing, in any form or format, is grounds to immediately sever relationships with Everwood Farm and may be reported to legal authorities.

Everwood Farm 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 U.S Government and 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 Conditions, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Everwood Farm as a result of this agreement or use of the Site. Everwood Farm's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Everwood Farm'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 Everwood Farm 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 Everwood Farm with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Everwood Farm 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 an d 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 Conditions
Everwood Farm reserves the right, in its sole discretion, to change the Conditions under which EverwoodFarm.com is offered. The most current version of the Conditions will supersede all previous versions. Everwood Farm encourages you to periodically review the Conditions to stay informed of our updates.

Contact Us »
Everwood Farm welcomes your questions or comments regarding the Conditions.

Everwood Farm
7937 Lakeside Drive, NE Brooks, Oregon 97305

Email Address:
info@EverwoodFarm.com

Telephone number:
503-390-2637

Effective as of January 1, 2013
 

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