Website Terms of Use
Last Modified Date: July 13, 2020
Acceptance of these Terms
These Website Terms of Use (“Terms of Use”) are entered into by and between You and Wish Farms, Inc. (“Company,” “we,” or “us”). This Terms of Use document governs your access and use of https://www.wishfarms.com (the “Website”). When we refer to “you” or “your” in these Terms of Use, we are referring to you, the individual user of the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Terms, which is located at https://wishfarms.com/privacy-terms/, and incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Terms, you must not access or otherwise use the Website.
This Website is offered and made available to users who are over the age of 18 years old and who are residents of the United States. By using this Website, you hereby represent and warrant that you are of a legal age to form a binding contract with Wish Farms, Inc. and that you meet all of the foregoing eligibility requirements.
Changes to these Terms of Use
Company reserves the right to revise and updates these Terms of Use from time to time as determined in our sole discretion. All changes are effectively immediately upon posting and shall apply to all access and use of the Website thereafter. We will update the Last Modified Data indicated below to reflect the date of the last change. Under circumstances where our revision includes a material change to these Terms of Use, we will provide notice of the change to you and where required by applicable law, obtain your consent to such change. In the event that we make any changes to the dispute resolution provisions, as set forth in the Governing Law and Jurisdiction Section of these Terms of Use, such changes will not apply to any disputes that the parties have actual notice of on or before the date the change is posted to the Website. Your continued use of the Website after the posting of any revised Terms of Use shall constitute your acceptance and agreement to the changes. You acknowledge and agree that it is your responsibility to check these Terms of Use from time to time as you access the Website so that you can make yourself aware of any changes hereof, which are binding upon you.
Geographic Restrictions on Use
Wish Farms, Inc. is the owner of the Website and is based in Plant City Florida, USA. We provide this Website for use only by persons located within the United States. Wish Farms, Inc. does not make any claim, representation or warranty that this Website or any of its content is accessible or appropriate for access outside of the United States. Please be advised that access to the Website may not be lawful by certain persons or in certain countries outside of the United States. If you access the Website from outside of the United States, you will be doing so on your own initiative and entirely at your own risk and you are solely responsible for compliance with any applicable local laws.
Intellectual Property Rights
The Website, including its contents, features, and functionality, all information, software, text, graphics, images, video, audio, and the design, selection and arrangement thereof, are owned by Wish Farms, Inc., its licensors, and other providers of such materials and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use exclusively. Under no circumstances are you permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Website, except you are permitted to: (1) temporarily store copies of such materials from the Website on your computing device’s RAM, which is incidental to your accessing and viewing those materials; (2) store files that are automatically cached by your computing device’s web browser for display enhancement purposes; (3) print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (4) where we provide social media features, such as on our blog, you may share certain content through social media as we have enabled by such features.
You are strictly prohibited from: (a) modifying copies of any materials on the Website; (b) using any illustrations, photographs, video, audio, or graphics separately from any accompanying text, or (c) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Further, you are strictly prohibited from accessing or using any part of the Website for commercial purposes, including any services or materials available on or through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must destroy any copies of the materials that you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you hereunder. You hereby acknowledge and agree that all right, title and interest in and to the Website and materials is and shall remain with Wish Farms, Inc., its licensors, service providers and other providers of such materials. All rights not exclusively granted herein are reserved by Wish Farms, Inc. Any use of the Website that is not expressly permitted by these Terms of Use is a breach thereof and may also violate copyright, trademark and other laws.
Trademarks
Wish Farms, Inc., its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wish Farms, Inc. and its affiliates or licensors. You must not use such marks without the prior written consent of Wish Farms, Inc. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may only use the Website for lawful purposes in accordance with these Terms of Use. Further, you hereby acknowledge and agree not to use the Website: (1) in any way that violates any applicable federal, state, local or international law or regulation, (2) for purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (3) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms of Use, (4) to transmit, or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (5) to impersonate or attempt to impersonate Wish Farms, Inc., a Wish Farms, Inc. employee, another user, or any other person or entity, and (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Wish Farms, Inc. or users of the Website, or expose them to liability.
In addition to the foregoing, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in activities through the Website, (b) use any robot, spider, script, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (c) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent, (d) use any device, software, script, or routine that interferes with the proper working of the Website, (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, (f) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, (g) otherwise attempt to interfere with the proper working of the Website, or (h) use the Website in violation of applicable law.
Website Access and Account Security
Wish Farms, Inc. reserves the right, in our sole discretion and without notice, to withdraw or amend the Website and any service, functionality, or material we provide on the Website. We will not be liable for any reason, if all, or any part of the Website should become unavailable at any time or for any period. From time to time, as we deem appropriate or circumstances warrant, we may restrict access to some or all parts of the Website to users, to perform maintenance, for security reasons or any other purpose within our sole discretion. You are exclusively responsible for making all necessary arrangements for you to have access to the Website and you must ensure that all people who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access some of the resources and functionality on the Website, you will be asked to provide certain registration details or other information. For example, our school fundraisers include functionality where parents may register and enter details for their child’s order on our Website, which is provided to aide parents in assisting their children with the administration and delivery of orders. Under such circumstances, the parent will be asked to provide the child’s first and last name, teacher’s name, grade level, and other pertinent information about an individual’s order, including the customer’s name, address, order selection, amount, and email address. It is an express condition of your use of the Website that all information you provide on the Website is correct, current and complete. You agree that all information you provide to register for any account that may be offered through the Website or otherwise, is governed by our Privacy Terms and you consent to all actions we take that are consistent with our Privacy Terms.
If you choose, or are provided with, a username and password, or any other piece of information as part of our account credentialing process, you agree that you will treat such information as confidential and that you will not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or security information. You agree to notify us immediately if you learn or discover any unauthorized access of your username, password, or any other type of breach of security. You also agree to ensure that you will exit from your account at the conclusion of each browsing session. Please use particular care when access your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any username, password, or other personal identifier, whether chosen by you or provided by us, at any time, in our sole discretion and for any or no reason, including if, in our opinion, you have violated the provisions of these Terms of Use.
Reliance on Information Posted
The content and information that is posted on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such content or information is strictly at your own risk. We disclaim all liability and responsibility from any reliance you place on such content or information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We reserve the right to update and revise the content and information on the Website in our sole discretion. We make no representations or warranties about the completeness or accuracy of any information or content posted on the Website. Any of our content or information on the Website may be out of date at any given time and we are under no obligation to update such content or information.
Information about You and Your Visits to the Website
All information that we collect on the Website is subject to our Privacy Terms, which are located at https://www.wishfarms.com/privacy-terms. By using the Website, you consent to all actions that we take concerning your information that is in accordance with our Privacy Terms.
Hyperlinks from the Website
The Website contains hyperlinks to other websites and resources that are provided by third parties, which are provided for your convenience. These hyperlinks may include advertisements and sponsored links. Please be advised that we do not have control over the information, content, or privacy practices of these third party websites and Wish Farms, Inc. will not be responsible for any such information, content, or privacy practices of those third party websites or any damage or loss that may arise from your use of them. Should you decide to access any third party websites hyperlinked from the Website, you do so entirely at your own risk and subject to any terms and conditions of use for such websites.
Disclaimer of Warranties
You hereby acknowledge and agree that we cannot and do not guarantee or warrant that any files available for download over the internet or on the Website will be free of viruses or other destructive code. You are solely 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 Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PERMITTED BY LAW, WISH FARMS, INC. 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 COMPUTING DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WISH FARMS, INC. NOR ANY PERSON ASSOCIATED WITH WISH FARMS, INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WISH FARMS, INC. NOR ANYONE ASSOCIATED WITH WISH FARMS, INC. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WISH FARMS, INC. 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WISH FARMS, INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, WHETHER BASED IN WARRANTY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES HYPERLINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER OR NOT SUCH WAS FORESEEABLE OR IF A PARTY HAD BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICES AND DIRECTORS, EXCEED $100.
Indemnification
You hereby agree to fully defend, indemnify and hold the Company, including its affiliates, licensors, and service provider and each of the foregoing entities’ respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, penalties, interest, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and expert witness costs) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters related to the Website and these Terms of Use, including any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal action, lawsuit, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state and federal courts in and for Plant City, Florida, USA, provided, however, that we reserve the right to bring any lawsuit, action or proceeding against you for a breach of these Terms of Use in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Wish Farms, Inc.’s sole and complete discretion, it may require you to submit any disputes arising from or related to these Terms of Use or the Website, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of the American Arbitration Association, applying Florida law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver
Wish Farms, Inc. will not be deemed to have waived any of its rights under these Terms of Use by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver or delay in asserting a breach of these Terms of Use shall constitute a waiver to enforce such a breach or any other breach of these Terms of Use.
Severability
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms of Use invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms of Use is held by a court of competent jurisdiction or an arbitrator, as set forth hereunder, to be invalid or otherwise unenforceable, such provision shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect.
Entire Agreement
The Terms of Use and Privacy Terms constitute the sole and entire agreement between you and Wish Farms, Inc. regarding the Website and supersede any and all prior and contemporaneous understandings, agreements, discussions, negotiations, representations, or warranties, whether written or oral regarding the Website.
Contact Us
If you have any questions or concerns about these Terms of Use or would like to provide notice to us regarding an issue covered within this document, please contact us:
Via email at: [email protected]
Via mail at: Wish Farms, Inc., P.O. Box 1839, Plant City, FL 33564
Or by telephone at: (813) 752-5111
Website Terms of Use
Last Modified Date: July 13, 2020
Acceptance of these Terms
These Website Terms of Use (“Terms of Use”) are entered into by and between You and Wish Farms, Inc. (“Company,” “we,” or “us”). This Terms of Use document governs your access and use of https://www.wishfarms.com (the “Website”). When we refer to “you” or “your” in these Terms of Use, we are referring to you, the individual user of the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Terms, which is located at https://wishfarms.com/privacy-terms/, and incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Terms, you must not access or otherwise use the Website.
This Website is offered and made available to users who are over the age of 18 years old and who are residents of the United States. By using this Website, you hereby represent and warrant that you are of a legal age to form a binding contract with Wish Farms, Inc. and that you meet all of the foregoing eligibility requirements.
Changes to these Terms of Use
Company reserves the right to revise and updates these Terms of Use from time to time as determined in our sole discretion. All changes are effectively immediately upon posting and shall apply to all access and use of the Website thereafter. We will update the Last Modified Data indicated below to reflect the date of the last change. Under circumstances where our revision includes a material change to these Terms of Use, we will provide notice of the change to you and where required by applicable law, obtain your consent to such change. In the event that we make any changes to the dispute resolution provisions, as set forth in the Governing Law and Jurisdiction Section of these Terms of Use, such changes will not apply to any disputes that the parties have actual notice of on or before the date the change is posted to the Website. Your continued use of the Website after the posting of any revised Terms of Use shall constitute your acceptance and agreement to the changes. You acknowledge and agree that it is your responsibility to check these Terms of Use from time to time as you access the Website so that you can make yourself aware of any changes hereof, which are binding upon you.
Geographic Restrictions on Use
Wish Farms, Inc. is the owner of the Website and is based in Plant City Florida, USA. We provide this Website for use only by persons located within the United States. Wish Farms, Inc. does not make any claim, representation or warranty that this Website or any of its content is accessible or appropriate for access outside of the United States. Please be advised that access to the Website may not be lawful by certain persons or in certain countries outside of the United States. If you access the Website from outside of the United States, you will be doing so on your own initiative and entirely at your own risk and you are solely responsible for compliance with any applicable local laws.
Intellectual Property Rights
The Website, including its contents, features, and functionality, all information, software, text, graphics, images, video, audio, and the design, selection and arrangement thereof, are owned by Wish Farms, Inc., its licensors, and other providers of such materials and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use exclusively. Under no circumstances are you permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on Website, except you are permitted to: (1) temporarily store copies of such materials from the Website on your computing device’s RAM, which is incidental to your accessing and viewing those materials; (2) store files that are automatically cached by your computing device’s web browser for display enhancement purposes; (3) print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution; and (4) where we provide social media features, such as on our blog, you may share certain content through social media as we have enabled by such features.
You are strictly prohibited from: (a) modifying copies of any materials on the Website; (b) using any illustrations, photographs, video, audio, or graphics separately from any accompanying text, or (c) deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
Further, you are strictly prohibited from accessing or using any part of the Website for commercial purposes, including any services or materials available on or through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must destroy any copies of the materials that you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you hereunder. You hereby acknowledge and agree that all right, title and interest in and to the Website and materials is and shall remain with Wish Farms, Inc., its licensors, service providers and other providers of such materials. All rights not exclusively granted herein are reserved by Wish Farms, Inc. Any use of the Website that is not expressly permitted by these Terms of Use is a breach thereof and may also violate copyright, trademark and other laws.
Trademarks
Wish Farms, Inc., its logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Wish Farms, Inc. and its affiliates or licensors. You must not use such marks without the prior written consent of Wish Farms, Inc. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may only use the Website for lawful purposes in accordance with these Terms of Use. Further, you hereby acknowledge and agree not to use the Website: (1) in any way that violates any applicable federal, state, local or international law or regulation, (2) for purposes of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (3) to send, receive, upload, download, use, or re-use any material that does not comply with these Terms of Use, (4) to transmit, or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, (5) to impersonate or attempt to impersonate Wish Farms, Inc., a Wish Farms, Inc. employee, another user, or any other person or entity, and (6) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Wish Farms, Inc. or users of the Website, or expose them to liability.
In addition to the foregoing, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in activities through the Website, (b) use any robot, spider, script, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website, (c) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent, (d) use any device, software, script, or routine that interferes with the proper working of the Website, (e) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, (f) attack the Website via a denial-of-service attack or a distributed denial-of-service attack, (g) otherwise attempt to interfere with the proper working of the Website, or (h) use the Website in violation of applicable law.
Website Access and Account Security
Wish Farms, Inc. reserves the right, in our sole discretion and without notice, to withdraw or amend the Website and any service, functionality, or material we provide on the Website. We will not be liable for any reason, if all, or any part of the Website should become unavailable at any time or for any period. From time to time, as we deem appropriate or circumstances warrant, we may restrict access to some or all parts of the Website to users, to perform maintenance, for security reasons or any other purpose within our sole discretion. You are exclusively responsible for making all necessary arrangements for you to have access to the Website and you must ensure that all people who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access some of the resources and functionality on the Website, you will be asked to provide certain registration details or other information. For example, our school fundraisers include functionality where parents may register and enter details for their child’s order on our Website, which is provided to aide parents in assisting their children with the administration and delivery of orders. Under such circumstances, the parent will be asked to provide the child’s first and last name, teacher’s name, grade level, and other pertinent information about an individual’s order, including the customer’s name, address, order selection, amount, and email address. It is an express condition of your use of the Website that all information you provide on the Website is correct, current and complete. You agree that all information you provide to register for any account that may be offered through the Website or otherwise, is governed by our Privacy Terms and you consent to all actions we take that are consistent with our Privacy Terms.
If you choose, or are provided with, a username and password, or any other piece of information as part of our account credentialing process, you agree that you will treat such information as confidential and that you will not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or security information. You agree to notify us immediately if you learn or discover any unauthorized access of your username, password, or any other type of breach of security. You also agree to ensure that you will exit from your account at the conclusion of each browsing session. Please use particular care when access your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right to disable any username, password, or other personal identifier, whether chosen by you or provided by us, at any time, in our sole discretion and for any or no reason, including if, in our opinion, you have violated the provisions of these Terms of Use.
Reliance on Information Posted
The content and information that is posted on the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such content or information is strictly at your own risk. We disclaim all liability and responsibility from any reliance you place on such content or information by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Changes to the Website
We reserve the right to update and revise the content and information on the Website in our sole discretion. We make no representations or warranties about the completeness or accuracy of any information or content posted on the Website. Any of our content or information on the Website may be out of date at any given time and we are under no obligation to update such content or information.
Information about You and Your Visits to the Website
All information that we collect on the Website is subject to our Privacy Terms, which are located at https://www.wishfarms.com/privacy-terms. By using the Website, you consent to all actions that we take concerning your information that is in accordance with our Privacy Terms.
Hyperlinks from the Website
The Website contains hyperlinks to other websites and resources that are provided by third parties, which are provided for your convenience. These hyperlinks may include advertisements and sponsored links. Please be advised that we do not have control over the information, content, or privacy practices of these third party websites and Wish Farms, Inc. will not be responsible for any such information, content, or privacy practices of those third party websites or any damage or loss that may arise from your use of them. Should you decide to access any third party websites hyperlinked from the Website, you do so entirely at your own risk and subject to any terms and conditions of use for such websites.
Disclaimer of Warranties
You hereby acknowledge and agree that we cannot and do not guarantee or warrant that any files available for download over the internet or on the Website will be free of viruses or other destructive code. You are solely 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 Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PERMITTED BY LAW, WISH FARMS, INC. 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 COMPUTING DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WISH FARMS, INC. NOR ANY PERSON ASSOCIATED WITH WISH FARMS, INC. MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WISH FARMS, INC. NOR ANYONE ASSOCIATED WITH WISH FARMS, INC. REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, WISH FARMS, INC. 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.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WISH FARMS, INC., ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, WHETHER BASED IN WARRANTY, CONTRACT, OR TORT (INCLUDING NEGLIGENCE), ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES HYPERLINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, 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, PROFITS, BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER OR NOT SUCH WAS FORESEEABLE OR IF A PARTY HAD BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICES AND DIRECTORS, EXCEED $100.
Indemnification
You hereby agree to fully defend, indemnify and hold the Company, including its affiliates, licensors, and service provider and each of the foregoing entities’ respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, penalties, interest, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees and expert witness costs) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters related to the Website and these Terms of Use, including any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).
Any legal action, lawsuit, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the state and federal courts in and for Plant City, Florida, USA, provided, however, that we reserve the right to bring any lawsuit, action or proceeding against you for a breach of these Terms of Use in your country of residence or any other relevant country. You hereby waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Wish Farms, Inc.’s sole and complete discretion, it may require you to submit any disputes arising from or related to these Terms of Use or the Website, including disputes arising from or concerning the interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the Rules of the American Arbitration Association, applying Florida law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver
Wish Farms, Inc. will not be deemed to have waived any of its rights under these Terms of Use by lapse of time or by any statement or representation other than by an authorized representative in an explicit written waiver. No waiver or delay in asserting a breach of these Terms of Use shall constitute a waiver to enforce such a breach or any other breach of these Terms of Use.
Severability
To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of these Terms of Use invalid or otherwise unenforceable in any respect. In the event that a provision of these Terms of Use is held by a court of competent jurisdiction or an arbitrator, as set forth hereunder, to be invalid or otherwise unenforceable, such provision shall be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of these Terms of Use shall continue in full force and effect.
Entire Agreement
The Terms of Use and Privacy Terms constitute the sole and entire agreement between you and Wish Farms, Inc. regarding the Website and supersede any and all prior and contemporaneous understandings, agreements, discussions, negotiations, representations, or warranties, whether written or oral regarding the Website.
Contact Us
If you have any questions or concerns about these Terms of Use or would like to provide notice to us regarding an issue covered within this document, please contact us:
Via email at: [email protected]
Via mail at: Wish Farms, Inc., P.O. Box 1839, Plant City, FL 33564
Or by telephone at: (813) 752-5111
