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Website Terms and Conditions of Use

1. Terms of use

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Family Farm and Home's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Family Farm and Home's web site;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Family Farm and Home at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Family Farm and Home's web site are provided "as is". Family Farm and Home makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Family Farm and Home does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Family Farm and Home or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Family Farm and Home's Internet site, even if Family Farm and Home or a Family Farm and Home authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Family Farm and Home's web site could include technical, typographical, or photographic errors. Family Farm and Home does not warrant that any of the materials on its web site are accurate, complete, or current. Family Farm and Home may make changes to the materials contained on its web site at any time without notice. Family Farm and Home does not, however, make any commitment to update the materials. Pricing may vary by location and is subject to in stock items only.

6. Links

Family Farm and Home has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Family Farm and Home of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Family Farm and Home may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Family Farm and Home's web site shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

Date of last revision: December 1, 2021.

Family Farm & Home, Inc. Terms and Conditions of Use

Welcome to the Family Farm & Home, Inc. ("FFH," "we," or "us") website (sometimes referred to as “Site”). FFH owns, and together with others operates the Site and makes their use available to you subject to these Terms and Conditions of Use (“Terms”). By accessing, visiting, browsing, or using the functionality and services of our Site, you are agreeing to all of these Terms.  We reserve the right to revise and update these Terms without prior notice to you, so we recommend that you regularly review these Terms and our Privacy Policy any time you make any use of our Site.

Table of Contents:
Privacy | License and Access to Our Site | Links | Product Descriptions and Pricing | Electronic Communications | Purchases and Cancellations | Copyright | Trademarks | User Accounts | Children | Risk of Loss | Disclaimer of Warranties and Limitation of Liability | Indemnity | Applicable Law | Arbitration | Copyright Cont'd | Entire Agreement

Privacy

We encourage you to read our Privacy Policy here. By using our Site, you consent to all actions taken by FFH with respect to your information under the terms of our Privacy Policy.

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License and Access to Our Site

Subject to these Terms, FFH grants you a limited, revocable, non-transferable and non-exclusive license to access and make personal, non-commercial use of our Site by displaying it in your internet browser only. You are not permitted to download or modify any portion of our Site, nor are you permitted to reproduce, duplicate, copy, sell, or otherwise use for any commercial purpose our Site or any portion of our Site without our express written consent. You are prohibited from collecting or storing information about users of our Site in any manner. Any breach of this Agreement shall result in the immediate revocation of the license granted under this paragraph without prior notice to you. FFH reserves the right at any time it determines to disclose any information FFH deems necessary to satisfy or comply with any applicable law, regulation, or legal process. In its sole discretion, FFH may also refuse to post or remove all or any portion of information or materials from our Site.

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Links

Links on our Site may lead to services or information to other sites that are not operated by us and are provided only as a convenience to you. We have no control and are not responsible for the content, safety, updates, or security to any of those linked sites. FFH has not reviewed any linked site for its content and does not endorse or make any representations about them, or the information, merchandise, materials or software that may be obtained by using them. If you decide to access any linked third-party website, you do so at your own risk and FFH shall have no liability arising out of the operation or content of such third-party sites.

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Product Descriptions and Pricing

FFH attempts to accurately portray merchandise through the use of product images and descriptions, including those provided by our suppliers. FFH does not, however, warrant that product descriptions, colors, images or other content found on our Site is accurate, complete, reliable, current or free from errors. If you purchase a product offered on our Site that is not described accurately, your sole remedy is to return it, subject to our return policies, in an unused condition for a refund. Sales, promotions and special offers posted on our Site are limited to in-store stock items only, all of which are subject to change without prior notice. Pricing may vary from store to store and prices listed on our website do not include state or local sales taxes which will be added to your total purchase price. To suggest corrections to this website, please contact our Customer Service Team at customerservice@familyfarmandhome.com. Please note that any corrections may take time to implement and we reserve the right to correct or refuse to correct information on our Site.

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Electronic Communications

When you communicate with us through our Site or by e-mail, you agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures and other communications we provide to you electronically satisfy any legal requirements that the communication be in writing.

When you communicate with us through our Site or by e-mail, you also agree that all comments, feedback, reviews, suggestions and other submissions offered to FFH ("Submitted Content") shall be and remain the property of FFH and that FFH will have a worldwide and nonexclusive, royalty free, irrevocable and assignable right to use, modify, adapt, display, publish and create derivative works from the Submitted Content. By providing to FFH the Submitted Content you represent and warrant to us that you: (i) have the right and authority to enter into this Agreement; (ii) are not under the age of 13 and are at least eighteen years old (18); (iii) own or have the necessary licenses or permissions to use and authorize us to share, publish or use the Submitted Content; (iv) will not provide Submitted Content that is subject to third-party rights or that violates or infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any individual or entity; (v) will not submit material that is unlawful, threatening, obscene, defamatory, or would otherwise violate the law; (vi) will not submit any materials that contain computer viruses, "spam," or other harmful or malicious code; and, (vii) have not and will not violate these Terms. Although we are not required to do so, FFH reserves the right to monitor, edit, or remove Submitted Content. You may not use false contact information, impersonate any person or entity, or otherwise mislead any party as to the origin of your Submitted Content. Please be aware that e-mail communications may not be secure against interception. If your communication contains personally identifiable information, or any confidential, proprietary or trade secret information please consider a different means of transmitting the information to us.

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Purchases and Cancellations

Purchases through our Site are currently limited to your purchases of gift cards (which are ship to home only) or by means of Buy On-Line, Pick Up in Store ("BOPIS")which allows you to purchase certain merchandise on line and pick up the merchandise at your selected FFH store location. PLEASE NOTE: Once your order to purchase a gift card is charged, your order cannot be cancelled and no refund will be made to you. When you purchase on line by means of BOPIS, your form of payment will only be charged at the time you pick up your order at your selected Store. Despite FFH's best efforts, in some circumstances FFH may need to cancel orders that it is unable to fill or accept or where typographical or pricing errors exist. FFH reserves the right, in its sole discretion, to cancel any order at any time and correct any typographical or pricing errors. FFH will contact you if additional information is needed to confirm or accept an order or if any portion of your order is cancelled for any reason. If any part of your BOPIS order is cancelled by either you or FFH, you will only be charged for the items you pick up at your selected Store. By placing an order with FFH, you represent and warrant that all billing and other information provided to FFH via our Site is completely truthful and accurate. Providing inaccurate or untruthful information may constitute a breach of the Terms you have agreed to by using our Site. By confirming your purchase of merchandise during checkout, you also agree to accept and pay for the merchandise.

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Copyright

The layout, contents and arrangement of our Site are the property of FFH, or are used with the express permission of our licensors or suppliers and is protected by United States and international copyright law.

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Trademarks

Unless otherwise noted, Family Farm & Home®, FFH®, HOMEGROWN REWARDS®, AND COUNTRY SPIRIT®, and other FFH graphics, logos, icons, and service marks are trademarks, registered trademarks or trade dress of FFH and protected under United States law and/or the laws of other countries. FFH's trademarks may not be used without an agreement in writing signed by an authorized representative of FFH and may not be used in any manner that disparages or discredits FFH, causes confusion among customers, or be used in conjunction with any merchandise or services that are not authorized in writing as provided above. FFH will take legal action against individuals using our trademarks, service marks, or trade dress contrary to this paragraph, including, without limitation in metatag keywords and/or hidden webpage text and such use constitutes trademark infringement and unfair competition.

All other trademarks appearing on our Site are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to FFH. Access to our Site does not confer and shall not constitute a license to anyone to use FFH's or any third party's intellectual property rights and any claim to the contrary is expressly disclaimed.

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User Accounts

If you create a user account on our Site, you represent and warrant to us that the information you provide in creating an account is true and accurate in all respects. You are responsible for maintaining the confidentiality of your account and password and restricting access to your computer or mobile device. You further agree to accept responsibility for all activities occurring under your account or password, whether or not such access to and use of our Site is actually authorized by you. FFH reserves all rights to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

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Children

FFH does not sell merchandise through this website to children and does not intend for this website to be used by children. If you are under age 18, you may not use this website to make any purchases from FFH

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Risk of Loss

All merchandise purchased from FFH through our Site is made under an agreement to have the merchandise available to you at selected stores to pick up at FFH store you select. The risk of loss and title to said merchandise passes to you upon our delivery of the merchandise to you at the store.

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Disclaimer of Warranties and Limitation of Liability

FFH’S SITE, ITS CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITE ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS ONLY AND YOU AGREE THAT YOUR USE OF OUR SITE OR THE SERVICES OR ITEMS OBTAINED THROUGH OUR SITE IS AT YOUR SOLE RISK. WITHOUT LIMITING THE FOREGOING, FFH MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH OUR SITE INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON OUR SITE.

ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE DISCLAIMED BY FFH. FFH DOES NOT WARRANT THAT OUR SITE, SERVERS, EMAIL OR OTHER COMMUNICATIONS SENT FROM FFH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NOTWITHSTANDING ANY NOTICE OF THE POSSIBILITY OF ANY MANNER OF DAMAGES, FFH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION OR FAILURE, AND DAMAGES ARISING FROM USE OF OUR SITE OR SERVICES, OR ANY RELIANCE ON ANY ASPECT OF OUR SITE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER MANNER OR FORM OF ACTION.

THE FOREGOING DOES NOT AFFECT ANY DISCLAIMER OF WARRANTIES OR EXCLUSIONS, LIMITATIONS OR DISCLAIMERS OF LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE STATE LAW.

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Indemnity

By using our Site, you agree to defend, indemnify and hold FFH and its affiliates, directors, officers, employees, agents and representatives, harmless from and against any and all claims, losses, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Site or your violation of these Terms.

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Applicable Law

By visiting the familyfarmandhome.com website you agree that the laws of the State of Michigan will govern your use of the website, any transactions made through this website and any disputes that may arise between you and FFH. The operations of the retail stores described in this website are owned by FFH.

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Arbitration

You agree that any dispute relating in any way to your use of or purchase of merchandise from our Site shall be submitted to confidential arbitration proceedings held in Muskegon, Michigan. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association and you agree that the laws of the state of Michigan, without regard to principles of conflict of laws shall apply to any dispute(s). An arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, if you have violated the Terms such that a remedy at law may be inadequate, or in any way infringed upon trademarks owned by FFH, FFH may seek injunctive or other appropriate relief in any state or federal court in the State of Michigan, and that a bond for such injunctive or other relief shall not be required. You consent to the exclusive jurisdiction and venue in any state or federal court in the State of Michigan.

YOU AND FFH AGREE THAT THIS AGREEMENT DOES NOT ALLOW FOR CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AMERICAN ARBITRATION ASSOCIATION WOULD. RATHER, YOU AND WE ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL, BILATERAL BASIS. UNLESS YOU AND FFH AGREE OTHERWISE IN WRITING, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE INDIVIDUAL PARTY’S CLAIMS WITH ANY OTHER PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.

IN THE EVENT THAT ARBITRATION AND CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, EACH PARTY HEREBY CONSENTS AND SUBMITS TO THE IN PERSONAM JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN MUSKEGON COUNTY, MICHIGAN, AND TO THE EXTENT PERMITTED BY LAW, HEREBY CONSENTS THAT ALL SERVICES OF PROCESS MAY BE MADE BY ANY NATIONALLY RECOGNIZED OVERNIGHT COURIER, OR BY CERTIFIED OR REGISTERED MAIL, POSTAGE PREPAID AND RETURN RECEIPT REQUESTED. EACH PARTY WAIVES ANY OBJECTION BASED ON FORUM NON CONVENIENS AND WAIVES ANY OBJECTION TO VENUE OF ANY ACTION INSTITUTED HEREUNDER TO THE EXTENT THAT AN ACTION IS BROUGHT IN THE COURTS IDENTIFIED ABOVE. EACH PARTY AGREES THAT A FINAL JUDGMENT IN ANY SUCH ACTION SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN ANY OTHER JURISDICTION IN ANY MANNER PROVIDED BY LAW.

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Copyright

All content of our Site is the property of FFH or its suppliers and is protected by United States and international copyright laws. The compilation of the content on this site is the exclusive property of FFH and is protected by U.S. and international copyright laws. Note that this is the exclusive procedure for notifying FFH that your copyrighted material is being or has been infringed upon. If you believe that content has been copied in a way that constitutes copyright infringement, please provide FFH with the information below in writing.

  • A full description of the copyrighted work you claim is being infringed upon
  • A description of the location where you claim the material is being infringed upon on our Site
  • Your contact information, including, your name, address, phone number and email address
  • A statement that you are the copyright holder or are authorized by the copyright holder to make claims of copyright infringement
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent(s), or under the law;
  • The signature by the person providing the copyright notice and who is authorized to act on behalf of the copyright owner;
  • A statement made by the individual providing the notice, under penalty of perjury, that the information provided in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Please send the copyright notice to the following address:
Legal Department
Family Farm & Home, Inc.
900 Third Street
Suite 302
Muskegon, MI 49440

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Entire Agreement

This Agreement and the Privacy Policy incorporated herein represents the complete agreement between you and FFH and supersedes all prior agreements and representations. Headings are provided for reference purposes only and do not limit the scope of any section. If any provision of these Terms is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.

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