Terms of Service

Last Updated: January 31, 2024

OVERVIEW

This website is operated by Acknowledge Farms, LLC. Throughout these Terms, the capitalized terms “Acknowledge Farms”, “we”, “us” and “our” refer to Acknowledge Farms, LLC. Acknowledge Farms offers this website (https://acknowledge.co) and any of our other digital and social media properties (our website and digital and social media properties, together, “Site”), including any content, information, functionality, tools, and services offered on or operated by and products offered on and sold by Acknowledge Farms (such services and products, together, “Services”) on or through our Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By using our Site and Services or placing any order on or through our Site, you accept and agree that your use of our Site and Services are and will be subject to these terms of service (“Terms of Service” or “Terms”), including those additional terms and conditions and policies incorporated by reference herein and/or available by hyperlink applicable to such use and purchase set forth on our Site. These Terms of Service apply to all users of the Site and Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please carefully these Terms of Service and our Privacy Policy before accessing or using our Site or Services. By accessing or using any part of our Site or Services, you accept and agree to be bound by and to comply with these Terms of Service. If you do not agree to all the terms and conditions of the Terms of Service, then you must not access or use the Site or use any of our Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

We may modify, amend and/or update our Terms of Service from time to time in our sole discretion. All changes and modifications shall be effective immediately upon posting of the modified Terms of Service on the Site, and apply to all access us and use of the Site and Services thereafter. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes, as they are binding on you. Your continued use of or access to the Site following the posting of the modified Terms of Service constitutes your acceptance of and agreement to such changes.

Furthermore, we reserve the right to modify, amend, withdraw, add and/or make available new content, information, functionality, features, tools and Services from time to time. Any new content, information, functionality, features, tools and Services which are added and/or made available to the Site shall also be subject to the Terms of Service.

Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you hereby represent and warrant that you are (a) at least twenty one (21) years of age and (b) have and during such time as you use our Site or Services will have, the legal authority to enter into these Terms and to create and perform your binding legal obligations under these Terms.

You shall not order, obtain or use our products, Site or Services for any illegal or unauthorized purpose nor may you, in the use of the Site or Services, violate any laws in your jurisdiction (including but not limited to copyright laws). The Site is intended for users located in the United States. It is entirely your responsibility to determine whether accessing the Site, using our Services and purchasing our products are legal where you reside. The products on the Site are not intended to diagnose, treat, cure or prevent any disease or condition.

With respect to any and all purchases made by you in connection with our Site or Services, you hereby acknowledge and agree that (a) you will comply with all obligations with respect to each purchase made by you through our Site or Services, including all financial obligations and terms and conditions with respect to the applicable credit card account, debit card account, and/or other payment/financial account/service through which you may be charged for and/or otherwise responsible for such purchase, and (b) notwithstanding anything to the contrary in these Terms, and without limiting any of our rights hereunder, we may, in our sole discretion, (i) refuse or cancel any order you place with us and/or any of our Services, (ii) adjust any of your orders to ensure compliance with these Terms, and/or (iii) limit or cancel quantities purchased per person, per household or per order, including, in each case, orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Each of the foregoing may apply to orders placed by or under the same customer account, the same credit card number, debit card number, or other payment/financial account number, and/or orders that use the same billing and/or shipping address.

Each purchase you make of a product or service through our Site or Services shall also be subject to each of our policies, including, without limitation, our Shipping Policy and Refund Policy, applicable to such purchase set forth on our Site (collectively, “Acknowledge Farms Policies”).
A breach or violation of any of the Terms and/or Acknowledge Farms Policies will result in an immediate termination of your Services.

SECTION 2 – ORDER ACCEPTANCE

You agree that your order is an offer to buy, under these Terms of Service, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between us and you will not take place unless and until you have received your order confirmation email.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our Site is not accurate, complete or current. The material on our Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Site is at your own risk.

Our Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Site or Services at any time, but we have no obligation to update any information on our Site or related to the Services. You agree that it is your responsibility to monitor changes to our Site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

All prices posted on our Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site or Service.

SECTION 5 – 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 Return Policy on the Site.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site or offered through our Services. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Site or through the Services is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account 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.

For more detail, please review our Returns Policy on the Site.

SECTION 7 – SHIPMENTS

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
For more detail, please review our Shipping Policy on the Site.

SECTION 8 – OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may integrate or provide you with access to third-party tools over which we neither monitor nor have any control nor input, including, without limitation, third party payment processors.

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 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).

Certain content, products and services available via our Site or Service may include materials from third-parties.

Third-party links on our Site or Service 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.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – 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, whether online, by email, by postal mail, or otherwise (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 and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail 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 10 – PERSONAL INFORMATION
Your submission of personal information through the Site or Service is governed by our Privacy Policy on the Site. Please carefully review our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

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).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – OWNERSHIP AND TRADEMARKS

The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) is and shall continue to be the property of Acknowledge Farms, its licensors or other providers of such material and are protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site or Services is prohibited, except as expressly permitted in these Terms of Service. Under no circumstances will you acquire any ownership rights or other interest in or to any content by or through your use of this Site.

Our name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Acknowledge Farms or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on the Site or Services are the trademarks of their respective owners.

SECTION 13 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you agree that you will not and will not attempt to, and will not assist or permit any other person or entity to or to attempt to, misuse our Site or Services, including, without limitation, use our Site or Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service, Site or any related website, other websites, or the Internet; or (l) resell as new, or distribute to or through a dealer or other third party, any products purchased or otherwise acquired through our Site or Services. We reserve the right to terminate your use of the Site, Service or any related website for violating any of the prohibited uses.

SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site or Services, including any products obtained therefrom, will be safe, uninterrupted, timely, secure or error-free, or that they will function without disruptions, delays or imperfections.
We do not warrant that the results that may be obtained from the use of the Site or Service will be accurate or reliable.
You agree that from time to time we may remove the Site or Service for indefinite periods of time or cancel any Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES AND ANY CONTENT OR ITEMS RELATED THERETO OR OBTAINED THEREFROM IS AT YOUR SOLE RISK. THE SITE, SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE AND SERVICES 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 ACKNOWLEDGE FARMS, OUR AFFILIATES AND EACH OF THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY 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 SITE OR ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SITE AND/OR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE AND/OR SERVICES 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 SITE AND/OR SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, OR FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF OUR SITE AND/OR OUR SERVICES, OR OF ANY OTHER SERVICE, CONTENT, FEATURE OR PRODUCT OFFERED THROUGH OUR SITE AND/OR OUR SERVICES, 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 15 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Acknowledge Farms and our subsidiaries, affiliates, partners, officers, managers, members, 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 16 – 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 17 – 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.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, 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 Site or Services (or any part thereof).

SECTION 18 – 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, our Privacy Policy, the Acknowledge Farms Policies and any other policies, programs or operating rules posted by us on our Site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Site and Services, 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, Privacy Policy, Acknowledge Farms Policies and other applicable policies, programs and rules).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you access or use of the Site or Services shall be governed by and construed in accordance with the laws of the State of Maryland, United States.

SECTION 20 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – GENERAL CONDITIONS

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.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us.

We will not be liable for any acts or omissions resulting from circumstances or causes beyond our reasonable control.
The headings used in our Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@acknowledgefarms.com.