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TERMS OF SERVICE

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OVERVIEW

This website is operated by Skarsgard Farms. Throughout the site, the terms “we”, “us” and “our” refer to Skarsgard Farms. Skarsgard Farms offers this website, 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 here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on DeliveryBizPro.com. 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 represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

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).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

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 website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only 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 this site is at your own risk.

This 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 this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

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.


SECTION 5 - PRODUCTS OR SERVICES (if applicable)

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.

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 anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site 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.


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.


SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of 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).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.


SECTION 8 - THIRD-PARTY LINKS

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

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

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 store is governed by our Privacy Policy. To view 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 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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, 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 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; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.


SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Skarsgard Farms, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.



SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Skarsgard Farms and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

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 Services (or any part thereof).


SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and 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 Service).

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


SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3435 Stanford Dr. NE, Albuquerque, NM, 87107, United States.


SECTION 19 - 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 website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at emma@skarsgardfarms.com.

 

The Basics

At Skarsgard Farms, we pride ourselves on making sure that everyone who comes to our table has a seat. That's why we make your membership as affordable as possible!
There are absolutely NO upfront membership fees, share costs, contracts or commitments, and no strings attached. Any additional fees associated with your membership go directly toward providing you with the highest level of service and quality possible!

That said, the following are some possible fees or costs that may be associated with your orders that you should be aware of. If you are interested in learning about ways to reduce some of these possible costs, please check out our FRIENDS OF THE FARM MEMBERSHIP!

Minimum Order Requirement: The minimum amount you have to spend to receive an order from us is just $25, not including discounts or any additional fees. What you decide to order to reach that $25 is totally up to you! We will automatically delete any orders that are under $25 once your cut-off time has passed so you are not charged for undeliverable orders.


Cooler Fees: Our Coleman coolers ensure the freshness of your home-delivered orders outside of refrigeration, reduce packaging, protect against extreme weather and hungry critters, and allow our packing crew the ease of having a standard packing container to work with.
1.) When you sign up for Home Delivery, a $20 Cooler Fee will be charged to your account with your first order, which is for the purchase of a Coleman cooler that you will exchange on a per delivery basis with your delivery driver. If you return your cooler to us in an acceptable condition when you terminate service with us, we will refund that purchase back to you.

2.) During active service, when you place a particularly large order, we may require more than one cooler to pack your order to make sure delicate items are not squished. In such a case, we will charge you an additional $20 for each extra cooler delivered, and will issue a $20 credit on your account for each extra cooler returned to us on your next delivery day.

3.) If you neglect to return your empty cooler to your driver when you receive a new order, you will be billed an additional $20 for the new cooler you receive, and will receive a $20 credit on your account when you return the extra cooler next time you have a delivery.
*Please note that coolers must be returned to us in a reusable condition. We will not accept coolers returned with organic material inside, or coolers that have been physically damaged.

Upon termination of service, you may choose to return the cooler to our warehouse to receive a refund of the $20 Cooler Fee. If you do not, the cooler is yours to keep at the end of your service and a refund will not be issued.


Delivery/Outlier Fees: If you live in an area that is technically outside of our delivery area but is close enough to make a special trip, you may be classified as an Outlier member. In such a case you will be charged an additional $5 convenience fee unless your order total reaches $50, at which point the convenience fee would be waived.

If you place an order on one of our Same-Day delivery routes, you will pay an additional $5 delivery fee unless your order reaches a minimum of $75.


We periodically make changes to our available delivery areas, so the best way to check to see if we can deliver to you is to click on SIGN UP/REGISTER and enter your delivery address. If you're within our delivery area, you'll receive a pop-up message that confirms this. If not, the pop-up will inform you that you are outside of our delivery area and you will either need to enter a different address or select one of our pick-up locations instead.
To see if there is a pick-up location in your area, simply switch your Delivery selection to Pick-Up to view the map of pick-up locations. Select the one that works best for you!

All of our items come from trusted Certified Organic growers and local or regional producers of fine artisan and natural products. We take great pride in selecting partners who are exemplary stewards of the land and demonstrate this by growing or sourcing ingredients from local or regional farmers who use organic farming practices. The majority of our foods, with the exception of some basic staples, are all sourced from producers in the Southwest region with a preference for New Mexico and Arizona-produced items. Our regional products will include a description of the producer so you can see exactly where your food came from!

All of our produce is 100% Certified Organic, which means it is grown without the use of chemicals or pesticides, synthetic fertilizers, sewage sludge, genetically modified organisms (GMOs), or ionizing radiation. Simply put, it comes directly from Mother Earth the way She intended.

Everything else we offer is sourced from producers who share our reverence for sustainable and renewable practices and emphasize this by participating in animal welfare programs, by using organic farming practices, and/or by sourcing only organically-grown local or regional ingredients to produce their foods.

While you do not need to set up a Member account with us to browse or price-shop through our website, you will need an account in place to finalize an order when you're ready. Aside from that one small additional step, ordering from our online store might just be the easiest thing you do all day! Place a Recurring Order for staple items on a weekly or biweekly schedule, or just place a one-time order! It's up to you!

We find that the easiest place to start shopping is from your Upcoming Deliveries page. From here, you can see all delivery days and weeks that are available to you. Find the date that you'd like to place an individual order or begin a recurring order and click on Add Products for that date. As you shop, our website will remember your selection and automatically add items to your cart for that date.

Alternatively, if you start shopping without choosing a delivery day first, e
ach item on our website will have some or all of the following ordering options available for you to choose from:

THIS WEEK: Places a one-time order. Automatically places your order for this week if you have not passed your cut-off time. If multiple delivery days are available for you, you must select which day you'd like to receive your order, otherwise your order will default to the soonest available delivery day.
NEXT WEEK:
Places a one-time order. Default option if placing an order after your cut-time. If multiple delivery days are available for you, you must select which day you'd like to receive your order, otherwise your order will default to the soonest available delivery day.
EVERY WEEK:
Not available for all items, places a recurring weekly order starting on the date you select, or will otherwise default to beginning on the soonest available delivery day.
EVERY OTHER WEEK:
Not available for all items, places a recurring bi-weekly order starting on the date you select, or will otherwise default to beginning on the soonest available delivery day.
ONE-TIME:
Places a one-time order on any delivery day/week you select!

TIPS:
If produce or other items display as being unavailable on the site, it is because your cut-off time for placing an order for the current week has passed, and the availability of these products has not yet been updated for the upcoming week. We will update the availability of these items on the Friday before the upcoming week.

If you are not able to place a recurring order for an item, it is because the availability of that product is limited to seasonality or inconsistency in production. Produce and select artisan products are examples of this.

Our Harvest Boxes are a weekly curation of our favorite items coming out of the local and regional fields and kitchens of our partnered producers. Harvest Boxes will always consist of a majority of Organic produce with some options for other highlighted items like eggs, meats, beverages, and more. Like a regular CSA (community supported agriculture) program, our selections will update on a weekly basis. Unlike a regular CSA, it is completely up to you if you want to order a Harvest Box every week or if you'd rather order once a month or less. Also unlike a regular CSA, Harvest Boxes are completely customizable, so if you don't like the default items we've selected for you, you can swap them out for other foods you'll love.

Every Friday by noon, we will post the contents of our Boxes for the upcoming week. When you see the WHAT'S INSIDE button displayed for your box, you're all set for viewing and making changes to the items in your Box!

Each Box size will have a different number of items you'll receive, so first make sure to choose the size that has a suitable number of items for your household. Once your Box has been added to your Shopping Cart and the WHAT'S INSIDE button is displayed, go to your Shopping Cart and click on the CUSTOMIZE BOX button.

The "DEFAULT" items listed are the items that we have selected for you to receive in the event that you do not customize your box. Use the add and subtract buttons for the DEFAULT items to increase or decrease the quantity you'd like to receive. Decreasing your number of DEFAULT items will increase your number of available substitutions, which will be displayed in the upper right corner to help you keep track. Make your substitutions by increasing the quantity of your preferred items. You are finished customizing when the number of items you have left to add to your Box is zero! Hit the Save and Checkout/Continue Shopping button to save your changes!

TIPS:

  • Each item in the Box will have a Maximum Quantity available to add. You will not be able to add more than that number to your Box, however, you can typically add additional shares to your order a la carte style if you need more than permitted within the Box.

  • Make sure you ALWAYS save any changes you make to your order!

  • Even after you click the CHECKOUT button, you will still have up to your designated cut-off time to continue making changes to your Box.

  • If you want to see more information about any items inside the Box, you can click on "Description" to see more info!

On the rare occasion that we miss something you ordered or pack something in your order that is more than just a little naturally-blemished, we offer a 100% Happiness Guarantee! That means that if any item in your order is not smile-inducing, we won't charge you for it. All you need to do is let us know what went wrong so we can make sure you receive a credit for the item.
We encourage all of our members to take advantage of this guarantee any and every time something isn't right! We can't learn from our mistakes and improve our practices if we don't know when something is wrong, so please let us know right away so we can find a resolution immediately! Please also include the highlighted initials of your order packer so we can ensure complete and proper training of our crew!


Disclaimer: Organic farming does not include the use of pesticides or GMOs (among other things), so while we carefully inspect the produce in your order before it goes into your box, sometimes the occasional bruise, teeny-tiny worm hole or nibble from a hungry bird will sneak past our inspectors. These are natural occurrances in Organic produce, and are unlikely to affect the edibility or integrity of your produce. We encourage you to please taste your produce before you judge it by its looks!