Last updated: April __, 2019.
This site is operated by Claiborne Farm, LLC, a Kentucky limited liability company, dba Claiborne Farm (“Claiborne Farm”). Throughout the site, the terms “we”, “us” and “our” refer to Claiborne Farm and its affiliates. Claiborne Farm offers this site, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. We refer to our employees, directors, offices, contractors, equity owners, parents, subsidiaries and agents as our “affiliates” in this Privacy Policy.
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 Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of our Service, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Use carefully before accessing or using our Service. By accessing or using any part of the Service, you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, then you may not access or use the Service. To the extent any provision in these Terms of Use are considered an offer, your acceptance is expressly limited to these Terms of Use.
Any new features or tools which are added to the current store shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.
GENERAL TERMS OF USE
1. Accessing the Service
We reserve the right, at our sole discretion, to refuse our Services to anyone for any reason at any time. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users. You are responsible for: (a) making all arrangements necessary for you to have access to the Service and (b) ensuring that all persons who access the Service through your Internet connection are aware of these Terms of Use and comply with them.
It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service or otherwise, including but not limited to through the use of any interactive features on the Service, is governed by our Privacy Policy.
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 Service through which the service is provided, without express written permission by us.
2. Prohibited Uses
In addition to other prohibitions as set forth in these Terms of Use, you are prohibited from using the Service or its content: (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, 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 or of any related Service, other Services, 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; or (k) to interfere with or circumvent the security features of the Service or any related site, third party sites, or the Internet. We reserve the right to terminate your use of the Service or any related site for violating any of the prohibited uses.
3. Personal Information
We respect your privacy and are committed to protecting it. You acknowledge and agree that your submission of personal information on the Service is governed by our Privacy Policy. We recommend you review our Privacy Policy prior to using or providing any personal information through the Service.
4. Optional Tools
We may provide you with access to third-party tools that we do not maintain or control. 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.
Your use of optional third-party tools offered through the Service 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).
We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
5. External Links
Certain content, products and services available via our Service may include materials from third parties. Third party links on this Service may direct you to third party sites 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 sites, 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 sites. 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.
6. User Comments, Feedback, and 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, ”User Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Comments that you forward to us. We have no obligation to maintain any User Comments in confidence, pay compensation for any User Comments, or respond to any User Comments.
We may, but are not obligated to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
You warrant that any and all User Comments you submit do not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that any and all User Comments you submit do 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 Service. 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 User Comment. You are solely responsible for any and all User Comments you make and their accuracy. We take no responsibility and assume no liability for any User Comments posted by you or any third-party.
7. Linking to the Service and Social Media Features.
You may link to our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior consent. This Service may provide certain social media features that enable you to, among other things, link from your own or certain third-party Services to certain content on this Service, send emails or other communications with certain content, or links to certain content, on this Service, cause limited portions of content on this Service to be displayed or appear to be displayed on your own or certain third-party Services. You may use these features solely as they are provided by us and solely with respect to the content they are displayed with.
8. Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on the Service is not accurate, complete or current. The material on the Service 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 timelier sources of information. Any reliance on the material on this Service is at your own risk.
This Service 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 this Service at any time, but we have no obligation to update any information on our Service. You agree that it is your responsibility to monitor changes to our Service.
TERMS FOR ONLINE SALES
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
You may not use the Service to order or obtain products if you (a) do not agree to these Terms of Use, (b) are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract, or (c) are prohibited from accessing or using this Service or any of this Services contents or goods by applicable law.
1. Modification to the Service and Prices
All prices for our products are subject to change without notice. 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.
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 Service.
2. Our Products
Certain products or services may be available exclusively online through the Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 products or 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 our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Service 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 Service will be corrected.
You may not use our products 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).
3. Payment Terms; Accuracy of Billing and Account Information; Shipments; Delivery; Title and Risk of Loss
You agree that your order is an offer to buy, under these Terms of Use, 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 reserve the right, at our sole discretion, to refuse, limit or cancel any order or any 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 further agree to comply with all applicable laws and regulations of the various states and of the United States. You represent and warrant that you are buying products or services from the Service for your own personal or household use only, and not for resale or export.
Terms of payment are within our sole discretion and, unless otherwise agreed to by us in writing, payment must be received by us before our acceptance of an order. You represent and warrant that: (i) the purchase and account information (including, without limitation, credit card or other payment information) you supply to us is current, complete and accurate for all purchases made at our store, (ii) you are duly authorized to use such credit card or other method of payment for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 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.
We will arrange for shipment of the products to you. Specific delivery options will be provided to you upon checkout. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
4. Returns and Refunds.
Except as otherwise provided in these Terms of Use or on any statement or notice on the Service, we will accept a return of a product purchased through the Service for a refund of your purchase price, provided such return is made within thirty (30) days of shipment.
To complete your return, mail the item you wish to return, as well as a receipt or proof of purchase, to the address provided in the Contact Us Section of this Privacy Policy. You are responsible for all shipping and handling charges on returned items and you bear the risk of loss during shipment.
Once your return is received and inspected, we will notify you of the approval or rejection of your refund. We reserve the right, in our sole discretion, to reject the return of any product that is used, worn, not in its original condition or packaging, or not accompanied by a receipt or proof of purchase.
If your return is approved, your refund will be credited back to the same payment method used to make the original purchase on the Service.
Only regular price items may be returned and refunded. Discounted or sale items will not be refunded. If the item was marked as a gift and shipped directly to you, we will only accept exchanges.
For returns of defective products, please refer to the manufacturer’s warranty (where applicable) included with the product or as detailed in the product’s description on our Service.
5. Disclaimer of Warranties on Purchases; Limitation of Liability
ALL PRODUCTS AND SERVICES OFFERED ON THIS SERVICE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.
Some of the products and services offered on our Service are covered by the manufacturer’s warranty as detailed in the product’s description on our Service and/or included in the packaging with the product. When applicable, please follow the instructions included in the manufacturer’s warranty to obtain warranty service for defective products.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SERVICE.
6. Errors, Inaccuracies and Omissions
Occasionally there may be information on our 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 Service 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 Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Service should be taken to indicate that all information in the Service or on any related Service has been modified or updated.
OTHER TERMS AND CONDITIONS
1. Disclaimer of Warranties Related to Your Use of the Service
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or this Service will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Service for any reconstruction of any lost data.
To the fullest extent provided by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the service or any services or items obtained through the service or to your downloading of any material posted on it, or on any service linked to it.
YOUR USE OF THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
To the fullest extent provided by law, the company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
2. Limitation on Liability for Use of the Service
To the fullest extent provided by law, in no event will the company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the service, any services linked to it, any content on the service or such other services, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
3. Indemnification
You agree to indemnify, defend and hold harmless Claiborne Farm 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 Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
4. Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these Terms of Use, your use of the Service, including any purchases made from the Service, must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
5. Waiver and Severability
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, and any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms of Use 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 Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
6. Termination
These Terms of Use are effective unless and until terminated by either you or us.
You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Service.
A breach or violation of any of these Terms will result in an immediate termination of your Services and we reserve all rights under these Terms and all rights and remedies at law or in equity or otherwise. We also may terminate this agreement at any time without notice.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. When we elect to terminate your use of the Service you will remain liable for all amounts due up to and including the date of termination, regardless of the reason for termination.
7. Entire Agreement; Interpretation
These Terms of Use, our Privacy Policy, any order confirmation we provide, and any policies or operating rules posted by us on this Service or in respect to the Service constitutes the final and entire agreement and understanding between you and us and govern 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 Use).
Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.
8. Governing Law and Jurisdiction.
These Terms of Use and the relationship between you and Claiborne Farm with respect to the Service shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the Commonwealth of Kentucky. In the event of a dispute or claim arising out of or in connection with these Terms of Use or the relationship between you and Claiborne Farm with respect to the Service, you and Claiborne Farm agree to waive any right to trial by jury and shall submit to the personal and exclusive jurisdiction and proper venue of Bourbon Circuit Court in Paris, Bourbon County, Kentucky.
9. Updating Our Terms of Use
You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. Your continued use of or access to our Service or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
10. Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
11. Contact Information
If you have any questions or comments regarding these Terms of Use, please contact us at:
Claiborne Farm
Attn: Visitor Center
703 Winchester Road
Paris, Kentucky 40361
004222.007754/7888906.3
004222.007754/7888906.3